The Ministry of Foreign Affairs updates legal policies related to foreigners in the midst of COVID-19.

The Consular Department, Ministry of Foreign Affairs has just updated foreign representative bodies in Vietnam with some regulations on entry, residence, quarantine and issues related to foreigners in Vietnam during the period of preventing and tackling COVID-19.

These are issues that many foreign representative agencies in Vietnam concern about and regularly discuss with the Consular Department, the Ministry of Foreign Affairs over the past time.

Immigration and Residence Policy

As soon as the COVID-19 epidemic broke out in March 2020, like many countries, Vietnam temporarily suspended the process of allowing foreigners to enter the country, except for special cases.

At the same time, Vietnam has suspended its unilateral visa-free regime with these following countries: South Korea (from February 29, 2020); Italy (from March 2, 2020); Denmark, Norway, Finland, Sweden, Spain, the UK, Germany, and France (from March 122020); Russia, Japan, and Belarus (from 12:00 on March 21, 2020); and suspended the validity of visa exemption certificates issued to people of Vietnamese origin and their relatives.

However, up to now, Vietnam still creates favorable conditions in handling entry cases of foreign experts and foreigners, including: people entering for diplomatic or official purposes; investors, technical experts, business managers, skilled workers and their relatives; students, foreign students studying in Vietnam and cases of medical treatment and humanitarian programs.

From July 5, the immigration settlement for foreign experts and foreigners has been carried out quite strictly, the agency of invitation and guarantee must have the consent of the locality on the quarantine plan (except for entrants under 14 days are exempted from mandatory quarantine, according to the Ministry of Health and the National Steering Committee). The jurisdiction is assigned to the Provincial People's Committee and the Steering Committee with specific procedures for each targeted group.

From August 31, 2020, foreigners entering to work for less than 14 days are not required to undergo the mandatory 14-day quarantine. However, the inviting agency or organization must develop an entry plan, along with means of transportation, place of residence, etc.  to consult the Provincial People's Committee where the agency or organization is headquartered.

From August 4, 2021, foreigners who come to work for more than 14 days will be quarantined for 7 days and continue to be monitored for the next 7 days, in case they have a Certificate of Immunization and a Certificate of Recovery from COVID-19, a Vaccine Passport in short.

However, as reflected by a number of foreign representative agencies in Vietnam, settling for foreign experts and foreigners to enter Vietnam still has some practical difficulties, such as those encountered while moving between different localities, including the localities' different application of quarantine time.

For the entrants who are members of foreign representative missions in Vietnam, the Ministry of Foreign Affairs has handled it smoothly, although the review time in some cases is lengthened.

With the practice of receiving and processing entry requests for foreigners sent through the Ministry of Foreign Affairs, as well as from opinions and proposals of foreign representative missions in Vietnam, implementing Resolution No. 105/NQ-CP dated September 9, 2021 of the Government, the Ministry of Foreign Affairs has presided over and coordinated with ministries, agencies and localities to review the entry process for foreign experts and foreigners to propose the improvement in processing to suit the new situation, including a number of specific health control measures, suitable to the situation of epidemic prevention and control in the country, with the need for socio-economic recovery and development of Vietnam.

In the coming time, the Ministry of Foreign Affairs will continue to assume the prime responsibility and coordinate with relevant ministries and agencies to agree on visas for foreigners entering Vietnam and will soon report to the Prime Minister for consideration and decision.

Implementing COVID-19 vaccine passport

Since a number of countries around the world have achieved high vaccination rates and started to issue vaccination certificates and vaccine passports, the Ministry of Foreign Affairs has analysed the experiences of other countries on this issue in order to restore and facilitate international travel.

Since August, the Ministry of Foreign Affairs, coordinated with the Ministry of Health, has agreed to temporarily recognize foreign vaccine passports and allow foreigners to use vaccine passports introduced to the Ministry of Foreign Affairs or approved by the Vietnamese representative missions abroad, in order to shorten the time of mandatory quarantine under the guidance of the Ministry of Health.

To date, 72 vaccine passport templates have been introduced. The list of vaccine passport forms is regularly updated on the Consular Department's website at lanhsuvietnam.gov.vn.

In fact, so far, Vietnam has carried out 3 pilot flights carrying vaccine passport holders to Vietnam and will continue to deploy them in the near future.

With the role of presiding over the development and implementation of the Vaccine Passport Program, the Ministry of Foreign Affairs has rigidly coordinated with relevant ministries and sectors to develop criteria for Vietnam's vaccine passports, recognition and the use of foreign vaccine passports and partners.

In addition, the Ministry of Foreign Affairs has informed foreign representative bodies in Vietnam about the criteria for recognition of vaccine passports, some countries have responded positively to mutual recognition on vaccine passports.

The implementation of Vietnam's vaccine passport issuance in the near future, as well as promoting mutual recognition of vaccine passports are the basis for gradually easing travel restrictions, reconnecting regular international commercial flights, and restoring the tourism and hospitality industries, etc.  for socio-economic development, contributing to the successful implementation of the tasks set out at the 13th National Party Congress.

This issue will also be implemented synchronously with relevant policy adjustments such as visas, post-entry medical measures, etc.

Foreign residence in Vietnam

For foreigners who have not been able to exit Vietnam due to the COVID-19 epidemic, the Government of Vietnam maintains the "automatic stay extension", most recently continuing to extend until the end of October 31, 2021.

According to this regulation, the following cases will be automatically renewed:

1. Foreigners who entered Vietnam on visa waivers, e-visas or tourist visas from March 1, 2020 are entitled to automatic stay extension until October 31, 2021 and can depart from Vietnam without having to apply for stay extension.
2. For those who entered Vietnam before March 1, 2020, the same automatic stay extension until October 31, 2021 can be considered, subject to provision of proof that the person was stranded in Vietnam due to COVID-19, accompanied by a diplomatic note (with Vietnamese translation) from relevant diplomatic missions, or a written document from relevant Vietnamese authorities confirming that the person was required to undergo mandatory quarantine or treatment for COVID-19, or advice of other force majeure. The person is required to present the diplomatic note or written document on departure from Vietnam.

Information about foreigners' residence in Vietnam is posted on the Vietnam Immigration Portal of the Ministry of Public Security at https://xuatnhapcanh.gov.vn/vi.

COVID-19 vaccination

Currently, Vietnam is implementing the policy of vaccination against COVID-19 for foreigners residing in Vietnam, regardless of nationality, residence or employment.

Local authorities have investigated and gathered foreigners who need vaccination, guided and organized vaccination based on the allocated amount of vaccine.

According to incomplete information from localities, more than 43,000 foreigners have been vaccinated for COVID-19 so far.

Establishing contact towards foreigners

In order to promptly receive complaints and requests of foreigners, along with taking appropriate support measures during the COVID-19 epidemic, ministries, agencies and localities have set up a 24-hour hotline, with common languages such as English, French, and Chinese, suitable to the characteristics of each locality with high foreign population.

All contact information has been widely disseminated on mass-media.

The Consular Department is currently gathering contacts and will soon update it on the Department's Portal.

Consular visit

With the complicated development of the COVID-19 epidemic, from the end of 2020, to ensure epidemic prevention and control, Vietnamese authorities have decided to suspend the organization of consular visits and contacts. This temporary solution is aimed at ensuring absolute prevention and control of the epidemic.

However, in the context of recently adjusted epidemic prevention and control measures, the Ministry of Foreign Affairs has actively discussed with the Ministry of Public Security and continued to promote the resumption of consular visits as soon as possible.

While there are no new regulations, the Ministry of Foreign Affairs will continue to actively support representative missions to exchange information with prisoners in appropriate formalities that follow Vietnam's current regulations.