It is necessary to evaluate the practical application of digital platforms in the field of immigration and exit management according to international practices and integration trends.

Báo Quốc TếBáo Quốc Tế03/06/2023

On the afternoon of June 2, the National Assembly discussed in the hall two draft laws on exit and entry of Vietnamese citizens and foreigners in Vietnam.
Cần đánh giá thực tiễn việc ứng dụng nền tảng số trong lĩnh vực quản lý xuất, nhập cảnh theo thông lệ và xu hướng hội nhập quốc tế
On the afternoon of June 2, the National Assembly discussed in the hall two draft laws on entry and exit of Vietnamese citizens and foreigners in Vietnam.

Continuing the 5th Session, under the direction of Vice Chairman of the National Assembly Tran Quang Phuong, the National Assembly discussed in the hall the draft Law amending and supplementing a number of articles of the Law on Exit and Entry of Vietnamese Citizens and the Law on Entry, Exit, Transit and Residence of Foreigners in Vietnam.

Previously, on the morning of May 27, the National Assembly listened to the Minister of Public Security briefly present the Draft Law and the Chairman of the National Defense and Security Committee present the Verification Report on the Draft Law amending and supplementing a number of articles of the Law on Exit and Entry of Vietnamese Citizens and the Law on Entry, Exit, Transit and Residence of Foreigners in Vietnam. National Assembly deputies also discussed the draft law in groups in the afternoon of the same day.

Need to unify and simplify procedures

According to the Government's Submission, the drafting of the Law aims to contribute to simplifying procedures, promoting the implementation of administrative procedures in the electronic environment, continuing to create favorable conditions for Vietnamese citizens in issuing entry and exit documents and foreigners entering, exiting, transiting and residing in Vietnam; contributing to socio-economic development; protecting national security and ensuring social order and safety.

At the same time, the drafting of the Law completes the legal basis, ensures consistency, unity and improves the effectiveness of state management of entry, exit, transit and residence of foreigners in Vietnam, contributing to making tourism a key economic sector, creating conditions for investors to explore the market and invest.

The draft Law amends 13 articles and clauses of the 2019 Law on Exit and Entry of Vietnamese Citizens; focusing on 2 groups of contents.

Firstly , the group of contents to reform administrative procedures, perfect regulations on the implementation of administrative procedures in the field of immigration management in the electronic environment.

Accordingly, the draft Law supplements the form of submitting documents in the electronic environment for procedures to request the issuance of ordinary passports, report the loss of ordinary passports in the electronic environment, restore the validity of ordinary passports; regulations on documents related to the issuance of ordinary passports abroad; decentralization of handling the reporting of lost ordinary passports from the Immigration Department to the provincial-level police, from the provincial-level police to the district-level police, from the district-level police to the commune-level police.

Second , the group of revised contents aims to facilitate citizens in applying for visas to enter foreign countries and issuing ordinary passports according to simplified procedures; improve the effectiveness of state management in the field of exit and entry of Vietnamese citizens and the synchronization and unity of the legal system.

In particular, amending regulations on cases, procedures and formalities for granting ordinary passports under simplified procedures towards expanding the subjects eligible for granting ordinary passports under simplified procedures, and regulations on procedures for granting passports under simplified procedures in some special urgent cases.

The draft Law amends 7 articles and clauses of the 2014 Law on Entry, Exit, Transit and Residence of Foreigners in Vietnam (amended and supplemented in 2019). Accordingly, the provisions to further facilitate foreigners entering and exiting Vietnam include increasing the duration of e-visas from 30 days to 3 months, valid for single or multiple entries; expanding the issuance of e-visas to citizens of all countries and territories and assigning the Government to decide on a specific list; increasing the temporary residence period from 15 days to 45 days for citizens of countries unilaterally exempted from visas by Vietnam and being considered for visa issuance and temporary residence extension according to other provisions of the Law.

In addition, the draft Law also supplements the responsibilities of accommodation establishments; the obligations of foreigners in presenting their passports and valid papers of residence in Vietnam to accommodation establishments to make temporary residence declarations according to regulations... to manage the residence of foreigners in Vietnam, contributing to protecting national security and ensuring social order and safety.

Cần đánh giá thực tiễn việc ứng dụng nền tảng số trong lĩnh vực quản lý xuất, nhập cảnh theo thông lệ và xu hướng hội nhập quốc tế
Delegation of National Assembly deputies of Thai Binh province at the meeting on the afternoon of June 2.

Need to assess the impact of expanding the scope of electronic visa issuance

Chairing the meeting, Vice Chairman of the National Assembly Tran Quang Phuong asked the delegates to continue giving their opinions on some contents that still had different opinions through group discussions. Reviewing the major contents that still had different opinions, Vice Chairman of the National Assembly Tran Quang Phuong stated that, regarding the necessity and basis of the law sector, the delegates requested a more specific report on the urgency of promulgating the law at a session, especially the practical application of digital platforms in the field of immigration management according to international practices and integration trends.

Delegates proposed to supplement the impact assessment report, supplement data reflecting people with low qualifications, ethnic minorities, remote areas, the elderly who do not have access to information technology, and assess the impact on ensuring security and order when expanding the scope of electronic visa issuance and increasing the temporary residence period for foreigners entering the country.

Some delegates also proposed reviewing information on entry and exit documents to ensure stability, compliance with international practices, facilitating unification and interconnection between databases, especially the National Population Database, Citizen Identification Database, National Database on Exit and Entry of Vietnamese Citizens and supplementing other information regulations decided by the Government for flexibility.

Regarding the amendment and supplementation of a number of articles of the Law on Entry, Exit, Transit and Residence of Vietnamese People Abroad, delegates proposed clarifying the basis for stipulating a visa duration of no more than 3 months. Some suggested increasing the visa duration to no more than 6 months. Some also suggested studying and considering increasing the visa duration from 30 days to 45 days or 90 days. It was proposed to stipulate a longer visa duration for people who no longer have Vietnamese nationality but still have relatives in the country.

Delegates proposed that the Government review and supplement the list of countries whose citizens are granted electronic visas at international border gates that allow foreigners to enter with electronic visas, before the National Assembly passes this draft Law....

Many opinions agree that the time limit for granting Temporary Residence Certificates at the border gate for people entering under unilateral visa exemption is 45 days; some opinions suggest clarifying the basis for the 45-day regulation. There are also opinions suggesting increasing it to 60 days or 90 days to make it more convenient for foreigners to enter Vietnam, contributing to socio-economic development, and granting temporary residence with multiple entries to create favorable conditions for foreigners.

Many opinions suggested adding border posts and border stations to receive temporary residence declarations of foreigners in border areas to comply with agreements related to border management and land border gates with Vietnam and neighboring countries in accordance with a number of laws such as the Law on National Borders, the Law on Vietnam Border Guard, the Law on Organization of Criminal Investigation Agencies and related decrees.



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