Công văn 5322/CV-BCĐ hướng dẫn người nước ngoài nhập cảnh phòng chống COVID-19

GUIDANCE

On settling for foreign experts1 and foreigners entering Vietnam

(Attached to the Official Dispatch No. 5322/CV-BCD dated July 05, 2021, of the National Steering Committee for COVID-19 Prevention and Control)

I. Grounds for implementation

- The Tourism Law No. 09/2017/QH14 dated June 19, 2017, of the National Assembly and the Government's Decree No. 38/202/ND-CP dated April 03, 2020, detailing and guiding the implementation of a number of articles of the Law on Vietnamese Guest Workers;

- The Government’s Resolution No. 84/NQ-CP dated May 29, 2020, regarding the tasks and solutions to continue to remove difficulties in production and business, accelerate the disbursement of public investment and ensure social order and safety in the context of COVID-19 pandemic;

- The Prime Minister's Directive No. 01/CT-TTG dated January 05, 2021, on strengthening the prevention and control of COVID-19 pandemic;

- The Prime Minister’s Official Telegram No. 540/CD-TTg dated April 23, 2021, on strengthening the management of flights carrying entrants to Vietnam;

- The Prime Minister's Official Telegram No. 541/CD-TTg dated April 23, 2021, on strengthening the COVID-19 prevention and control;

- The Prime Minister's Official Telegram No. 570/CD-TTg dated February 05/2/2021, on strengthening the COVID-19 prevention and control;

- The Government Office's Notices No. 118/TB-VPCP dated March 21, 2020, No. 122/TB-VPCP dated March 24, 2020, No. 146/TB-VPCP dated April 07, 2020, No. 170/TB-VPCP dated April 28, 2020, No. 182/TB-VPCP dated May 15, 2020, No. 203/TB-VPCP dated June 10, 2020, No. 238/TBVPCP dated July 12, 2020, No. 330/TB-VPCP dated September 15, 2020, No. 82/TB-VPCP dated April 29, 2021, No. 102/TB-VPCP dated May 11, 2021, on the Prime Minister’s conclusion at the meetings of the Government permanent on COVID-19 prevention and control.

II. Objectives and requirements

- To ensure to quickly and strictly settle the entry of foreign experts, their accompanied families, and foreigners for socio-economic development and other tasks as prescribed.

- To ensure to consider and approve cases of requesting for entering Vietnam according to the directions of the Prime Minister and the National Steering Committee for COVID-19 Prevention and Control.

- To strengthen responsibility for monitoring the quarantine, post-quarantine, and working programs of foreign experts, their accompanied families, and foreigners for COVID-19 prevention and control.

III. Content

1. Settling for foreign experts and their accompanied families2; other foreigners to enter Vietnam as approved by the provincial-level People's Committees

1.1. Subjects of application: (i) Foreign experts invited or guaranteed to enter Vietnam, work, and reside in localities by organizations and agencies and their families; (ii) Other foreigners invited by organizations and agencies (including foreign pupils and students studying at schools of provinces/centrally-run cites and cases requesting for entry for humanitarian reason, emergency, treatment in localities, etc.).

1.2. Settling process:

- Based on the demands of agencies and organizations located in the area, the provincial People's Committee shall decide a List of foreign experts, their accompanied families, and foreigners permitted to enter Vietnam. Such a List shall be sent to the Ministry of Public Security (the Immigration Department) for consideration and settlement.

- The written requests for foreign experts, their families and foreigners to enter Vietnam made by inviting or guaranteeing units must comprise the following information: (i) The proposed list of foreign experts, their families and foreigners to enter Vietnam, purposes, entry time and residence period (clearly stating the necessity of entry); (ii) Picking up and movement plans; plans on quarantine at quarantine establishments selected and designated by the provincial-level People’s Committees; (iii) Working programs and plans, accommodations of foreign experts, their families and foreigners in localities; (iv) Contact information (address, telephone number, email); (v) Written commitments made by inviting or guaranteeing units to take responsibility for ensuring safety for COVID-19 prevention and control when inviting foreign experts, their families and foreigners to Vietnam, which ensure that: (a) Foreign experts and their families, foreigners shall be tested for SARS-CoV-2 by PCR technique within 03 days prior to the date of entry, (b) Having international insurance or the inviting organizations or agencies committed to pay all treatment expenses if the invited experts and their families, foreigners infect with COVID-19, (c) Other documents (if any).

- Inviting or guaranteeing agencies and organizations shall submit dossiers of request for grant of visas for foreign experts, their families, and foreigners, enclosed with the provincial-level People's Committee's written approval to the Ministry of Public Security (the Immigration Department).

- The provincial-level People's Committee shall designate and choose concentrated quarantine establishments used only for foreign experts, their families, and foreigners in localities (hereinafter referred to as quarantine establishments) according to the Ministry of Health's instructions3.

- The provincial-level People's Committee shall direct the organization for taking testing samples; control the concentrated quarantine, medical surveillance after completing the concentrated quarantine period according to regulations and the Ministry of Health's requirements. Avoid cross infection in quarantine establishments and infection in the community.

- For those who request for entering Vietnam for humanitarian reasons in emergencies that would otherwise affect their lives, and the requesters are at border gates (by road, railway, or waterway), the municipal/provincial-level People's Committees where such border gates are located shall be responsible for approving, receiving and managing. To be accepted for entering Vietnam, such people must obtain written approvals from hospitals accepting to provide treatment and appropriate plans on quarantine in Vietnam.

- People in charge of inspecting and controlling entry and exit at border gates (by road, railway, or waterway) or seaports shall only let foreigners fully satisfying conditions specified in this Guidance to enter Vietnam.

2. Settling for other foreigners to enter Vietnam as approved by the National Steering Committee

2.1. Subjects of application (i) Foreign experts, their families, and foreigners invited or guaranteed by diplomatic missions, foreign consular offices, representative offices of international organizations; central agencies and ministries4; (ii) Foreigners invited by other agencies and organizations for the purpose of socio-economic development and other specific cases (including humanitarian reasons and medical treatment) other than those specified at Point 1 and beyond the competence of the provincial-level People’s Committees or other than those who are permitted to enter Vietnam.

2.2. The Five-ministry Working Group (the Ministry of Foreign Affairs, the Ministry of Health, the Ministry of Public Security, the Ministry of National Defence, and the Ministry of Transport) shall consider and handle as follows:

(i) Inviting agencies and organizations shall submit dossiers of request for permitting foreigners to be quarantined in localities to the provincial-level People's Committees. In which, the inviting agencies and organizations must register lists and propose quarantine plans, vehicles for transportation according to instructions of local authorities, and the National Steering Committee for COVID-19 Prevention and Control. After receiving notices from the provincial-level People's Committees, inviting or guaranteeing organizations and agencies shall submit dossiers to the Five-ministry Working Group (through the Ministry of Foreign Affairs).

(ii) The provincial-level People's Committees shall consider and issue documents on approval (or disapproval) of the entry of foreign experts, their families, and foreigners, including quarantine plans proposed by the inviting or guaranteeing organizations and agencies; and concurrently send them to the Five-ministry Working Group (through the Ministry of Foreign Affairs).

(iii) After reviewing dossiers submitted by the inviting or guaranteeing organizations and agencies, the Ministry of Foreign Affairs shall consult the Five-ministry Working Group about permitting foreign experts, their families, and foreigners to enter Vietnam.

Such as dossier must comprise: (1) The provincial-level People's Committee’s written approval of the quarantine plan; (2) A written commitment made by inviting and guaranteeing unit to take responsibility for ensuring safety for COVID-19 prevention and control when inviting foreign experts, their families and foreigners to Vietnam, which ensures that: (a) Foreign experts and their families, foreigners shall be tested for SARS-CoV-2 by PCR technique within 03 days prior to the date of entry, (b) Having international insurance or the inviting organizations or agencies committed to pay all treatment expenses if the invited experts and their families, foreigners infect with COVID-19, (c) Other documents (if any).

(iv) On the basis of summarization of opinions from the Five-ministry Working Group, the Ministry of Foreign Affairs shall (authorize to the Consular Department) issue a notice on the National Steering Committee's opinions on settling for foreigners to enter Vietnam, and send it to the Border Guard High Command (the Ministry of National Defence), the Immigration Department (the Ministry of Public Security) and relevant localities, agencies, and organizations for implementation.

(v) On the basis of the notice of the Ministry of Foreign Affairs (authorize to the Consular Department), the Ministry of Public Security shall preside to settle and approve the foreigners' entry in accordance with its instructions5, notify relevant agencies (overseas Vietnamese representative missions, border guard and public security departments) to grant visas for foreign experts, their families and foreigners under Articles 17, 18 and 19 of the Law on Foreigners’ Entry in, Exit from, Transit through and Residence in Vietnam. The Ministry of Health, the Ministry of National Defence, the Ministry of Transport, relevant localities, and agencies shall implement according to the assigned functions and tasks.

(vi) In case beyond the competence of the Five-ministry Working Group, the Ministry of Foreign Affairs shall report the Prime Minister on behalf of the Working Group for consideration and decision.

2.3. If foreign experts, their families, and foreigners enter Vietnam to work in different localities, the inviting and guaranteeing agencies and organizations shall contact People’s Committees of relevant provinces to issue written approval of the foreign experts’ working programs and plans in such localities; and carry out procedures according to Point 2.2.

3. Settling for foreigners entering Vietnam for diplomatic or official purposes and their families (parents, spouses, and children)

3.1. Subjects: People whose entry is approved by the Ministry of Foreign Affairs according to the Law on Foreigners' Entry into, Exit from, Transit through and Residence in Vietnam No. 47/2014/QH13 dated June 16, 20214 of the National Assembly and the Law No. 51/2019/QH14 dated November 25, 2019, of the National Assembly, Amending and Supplementing a Number of Articles of the Law on Foreigners' Entry into, Exit from, Transit through and Residence in Vietnam (the Law No. 47).

3.2. Settling process:

- Agencies and organizations inviting and guaranteeing foreigners specified at Point 3.1 shall send diplomatic notes to the competent agency under the Ministry of Foreign Affairs (the Consular Department) for consideration and settlement. Such a diplomatic note must specify information about the flight, quarantine location, vehicles used to transport foreigners to quarantine establishments, and commitment to complying with pandemic prevention and control measures applicable to entrants as prescribed.

- On the basis of the proposal from inviting and guaranteeing agencies and organizations, the competent agency under the Ministry of Foreign Affairs shall coordinate with the competent agency under the Ministry of Public Security and grant entry permits or visas (if necessary); and at the same time, discuss with relevant local functional agencies to support in approving plans for transportation, quarantine and medical surveillance of such foreigners.

- Based on documents of the competent agency under the Ministry of Foreign Affairs, the inviting and guaranteeing agencies and organizations shall send documents and relevant dossiers to the municipal/provincial-level People's Committees to receive and quarantine entrants.

In case beyond the competence of the Five-ministry Working Group, the Ministry of Foreign Affairs shall report the Prime Minister on behalf of the Working Group for consideration and decision.

- For guests invited by the Party, the State, the National Assembly, or the Government: Comply with the Scheme on welcoming the delegations approved by the leaders of the Party, the State, the National Assembly, and the Government.

IV. Responsibility for implementation

1. Provincial-level People's Committees shall

- Take responsibility for: approving the need to invite foreign experts and their families, foreigners of agencies, organizations, and enterprises, ensuring the right subjects and appropriate frequency; approving plans for movement, quarantine, medical surveillance, and health monitoring (in the locality) of foreign experts and their families, foreigners; organizing medical surveillance and monitoring of foreign experts and their families, foreigners after entry; organizing the assignment between local agencies, ensuring the management from the concentrated quarantine establishments to the places of residence (after completing the quarantine period). Deciding according to the competence and taking responsibility for the receipt and quarantine of entrants, organizing strict supervision of the quarantine of entrants, ensuring strict compliance with regulations on COVID-19 prevention and control, preventing infection in quarantine establishments and from the quarantine areas to the community. Strictly handle cases of taking advantage of and failing to comply with regulations on pandemic prevention and control.

- Take responsibility for approving, receiving, and managing people entering for humanitarian reasons in emergencies that would otherwise affect their lives, and the requesters are at border gates (by road, railway, or waterway). Based on requests of the organizations or individuals and specific conditions, the provincial-level People's Committees may consider and decide without requesting them to produce adequate papers as prescribed. During the emergency, the provincial-level People's Committees shall send documents to the Ministry of Public Security (the Immigration Department) and the Ministry of National Defence (the Border Guard High Command) to carry out immigration procedures according to regulations.

- Take responsibility for receiving and conducting the quarantine and monitoring for cases approved by the National Steering Committee (the Five-ministry Working Group).

- Promulgate regulations requesting inviting agencies, organizations and enterprises must report the provincial-level People's Committees on activities of the foreign experts, their families, and foreigners; the compliance with the plans on transportation, quarantine, COVID-19 prevention and control at accommodations, etc. of the foreign experts, their families, and foreigners.

- On a quarterly basis, report the National Steering Committee for COVID-19 Prevention and Control (through the Ministry of Health - the Standing Agency of the Steering Committee, and concurrently send reports to the Ministry of Public Security and the Ministry of Foreign Affairs) on the approval, entry, quarantine, etc. of the foreign experts, their families, and foreigners in localities. Promptly report and propose to remove difficulties arising in the implementation.

- In case of detecting a foreigner infected with SARS-COV-2 at quarantine areas, it is necessary to promptly notify functional forces at border gates of entry for timely taking anti-pandemic measures.

2. The Ministry of Health (the Standing body of the National Steering Committee) shall

- Guide functional and local agencies the quarantine, monitoring, testing, and COVID-19 prevention and control measures applicable to entrants as prescribed.

- Coordinate with relevant units in inspecting and monitoring the implementation.

- Assume the prime responsibility for, and coordinate with the Ministry of Public Security, the Ministry of National Defence, and the Ministry of Foreign Affairs in, monitoring and summarizing the entry of experts, their families, and foreigners in order to advise the pandemic prevention and control; report the National Steering Committee and the Prime Minister to remove relevant difficulties and shortcomings.

- Study to promulgate guidance on quarantine form and period applicable to fully vaccinated foreign experts, their families, and foreigners as prescribed.

- Guide functional and local agencies the quarantine, monitoring, testing, and COVID-19 prevention and control measures applicable to entrants as prescribed.

3. The Ministry of Foreign Affairs shall

- Act as the focal point to receive the request of foreigners on entry under the approval competence of the National Steering Committee; notify results to the provincial-level People's Committees, relevant agencies, and organizations for implementation.

- Preside to settle for foreigners entering Vietnam for diplomatic or official purposes and their families (parents, spouses, and children).

- Consider and promptly propose to remove difficulties arising in the implementation.

- Direct overseas Vietnamese representative missions to grant appropriate visas for foreign experts, their families, and foreigners who enter Vietnam according to notices of the Immigration Department under the Ministry of Public Security.

4. The Ministry of Public Security shall

- Approve personnel to be granted visas on the basis of documents submitted by enterprises/agencies/organizations and notify relevant agencies (overseas Vietnamese representative missions, border guards, public security departments) to grant visas for foreign experts and their families, foreigners who have been permitted to enter Vietnam under the Law on Foreigners’ Entry in, Exit from, Transit through and Residence in Vietnam.

- Manage and settle the entry of experts, their families, and foreigners; coordinate to review experts currently residing in localities; inspect and handle cases of violation.

- Direct and guide police department and localities to strictly manage foreigners on entry, subject to quarantine or residing in localities.

- On a quarterly basis, make statistics on the number of experts entering and residing to report the Five-ministry Working Group (the Standing Agency of the National Steering Committee).

5. The Ministry of National Defence shall

- Settle the entry for experts, their families, and foreigners possessing appropriate visas at border gates managed by the Border Guards.

- Grant visas for experts, their families, and foreigners according to Article 18 of the Law on Foreigners' Entry in, Exit from, Transit through, and Residence in Vietnam.

- On a quarterly basis, make statistics on the number of experts on entry at border gates managed by the Border Guards to report the Five-ministry Working Group (the Standing Agency of the National Steering Committee).

6. The Ministry of Transport shall

Direct the issuance of flight permits for flights carrying foreign experts and foreigners who have been allowed to enter Vietnam.

7. Agencies, organizations, and individuals inviting and guaranteeing foreigners and foreign experts shall

- Take responsibility for their invitation of experts, experts' families, and foreigners, ensuring that they are the right subjects according to regulations. Make a written commitment to fully taking responsibility before the law for the contents mentioned in the written request and strictly organize and comply with requirements on COVID-19 prevention and control before, during, and after the entry.

- Units inviting and guaranteeing foreign experts to work in Vietnam must ensure that: Foreign experts and their families, foreigners shall be tested for SARS-CoV-2 by PCR technique within 03 days prior to the date of entry (except for special cases); having international insurance or the inviting organizations or agencies commit to paying all treatment expenses if the invited experts and their families, foreigners infect with COVID-19; they shall take responsibility for ensuring safety in COVID-19 prevention and control when inviting foreign experts, their families, and foreigners to Vietnam.

- Organizations and units that request for entry permission of foreign experts, their families, and foreigners must make a written commitment to take full responsibility before law for the contents mentioned in the written request must have a business registration certificate, an operation license with functions and tasks suitable for the purpose of the entry request, with signature and seal as registered.

- Individuals that request entry permission and are subject to entry consideration as prescribed must make a written commitment on fully taking responsibility before the law for the contents mentioned in the written request and strictly comply with requirements on COVID-19 prevention and control before, during, and after the entry.

- Individuals that request for entry permission and are subject to entry consideration as prescribed must make a written commitment on fully taking responsibility before the law for their requests and provide sufficient information (address, telephone number, email, passport number, and address of the place of residence after completing the quarantine period) and documents proving reasons for their entry.

This Guidance shall be amended and updated according to policies on entry and exit, regulations on pandemic prevention and control of the Government, and the National Steering Committee for COVID-19 Prevention and Control./.

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1 “Foreign experts” in this Guidance include: Investors, technical experts, enterprise managers, high-skilled workers.

2 Families mean: Parents, spouses, and children.

3 The Ministry of Health’s Decision No. 878/QD-BYT dated March 12, 2020, on promulgating “the Guidance on quarantine at concentrated quarantine establishments for the prevention and control of the COVID-19 pandemic” or the Ministry of Health’s Decision No. 1246/QD-BYT dated March 20, 2020, on promulgating the “Interim Guidance on concentrated quarantine at paid quarantine hotels in the prevention and control of COVID-19 epidemic”.

4 Including foreign reporters residing in Vietnam; foreign pupils and students studying in Vietnam under ministerial-level coordination programs.

5 Guidance on permitting foreigners to enter Vietnam under guarantee by organizations and agencies during the period of application of COVID-19 prevention and control measures attached to the Official Dispatch No. 3374/BCA-QLXNC dated October 02, 2020. Upon submitting dossiers of request for entry permission, agencies and organizations inviting and picking up foreigners must submit copies of the written opinions of the Steering Committee.