I. Exit visa in accordance with Vietnamese law
Exit means that a foreigner leaves Vietnamese territory through a border gate. Depending on the remaining duration of the visa, the exit applicant can voluntarily apply for exit or be forced to leave the country. According to the provisions of Point a, Clause 1, Article 30 of the Law on entry, exit, transit and residence of foreigners in Vietnam 2014 (Law on Immigration), forced exit occurs when the foreigner has expired. temporary residence but do not leave the country. The competent authority in this case is the Immigration Department.
Regarding exit conditions for foreigners, according to Article 27 of the Law on Immigration, foreigners to exit need to meet the following conditions:
“a) possesses a passport or documents enabling international travel;
b) Valid temporary residence certificate, temporary residence card, or permanent residence card;
c) does not fall into categories of exit suspension specified in Article 28 of this Law.
A foreigner making exit on electronic visas must fully satisfy all conditions specified in Clause 1 of this Article and make exit via international border checkpoints decided by the Government”.
Regarding the sanctions for the act of not leaving the country when the temporary residence expires:
According to the provisions of Point đ Clause 2; Point e Clause 3; Point b, Clause 4; Point b, Clause 5; Point d, Clause 6, Article 18 of Decree 144/2021/ND-CP, the sanction level is based on the overstay period of the visa:
– Overdue less than 16 days: fine from 500,000 – 2,000,000 VND
– Overdue from 16 to under 30 days: fine from 3,000,000 to 5,000,000 VND
– Overdue from 30 to less than 60 days: fine from 5,000,000 to 10,000,000 VND
– Overdue from 60 to less than 90 days: fine from 10,000,000 to 15,000,000 VND
– Overdue for more than 90 days: fine from 15,000,000 VND to 20,000,000 VND
II. Orders and procedures
About dossiers
Basically, the dossier composition includes the following documents:
– Passport of the person leaving the country (with a minimum validity of 6 months).
– Certificate of temporary residence (stamped by the ward police)
– Portrait photo 4×6 (white background, no glasses, hats)
– Application form for exit visa (Form NA5).
– Flight ticket.
In some special cases, additional documents may be required by the agency:
– In case the company is guaranteed: A copy of the certificate of business registration (for the case of the guarantor company) or the personal legal document (for the case of an individual guarantor).
– In case the child was born in Vietnam, a birth certificate and a marriage certificate of his/her parents are required.
– In case of overstay of visa, an explanation must be submitted (if required).
About the procedure:
Step 1: Submit the prepared documents directly at the Immigration Department where the applicant resides
Step 2: Complete the payment of fee for temporary residence during the overdue period
Step 3: Receive results in person or by post.
Time limit for settlement: 5-7 working days from the date the competent authority receives the valid application.
Note: In case the passport is lost or damaged, the applicant must apply for re-issuance at the competent authority.
To save time learning about the law, filling out forms, and submitting documents, you can contact HTLaw for consultation and legal services related to Law on Immigration.
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