Vu Van Anh, LL.M.

Vietnam’s regulations provide favorable entry and residence conditions for foreign nationals who are spouses or children of Vietnamese citizens, including eligibility for a five-year visa exemption certificate and extended temporary residence. The following Q&A outlines the key legal provisions, application procedures, and residence rights applicable to this group of visitors.

I am a French citizen and my wife is a Vietnamese national. We currently live and work in Vietnam. Our 25-year-old son plans to visit us in Vietnam for an extended period. As he holds French nationality, I wonder whether he is eligible for visa exemption?

Yes. As the child of a Vietnamese citizen, your son is eligible for visa exemption when entering Vietnam.

Under Article 12.5 of the 2014 Law on Entry, Exit, Transit, and Residence of Foreigners in Vietnam (the Law), foreign spouses and children of Vietnamese citizens and overseas Vietnamese who hold foreign passports or international travel documents are eligible for visa exemption in accordance with the Government’s regulations.

However, your son must secure a visa exemption certificate before entry. The certificate must have a validity period at least six months shorter than that of his passport or international travel document.

Pursuant to Decree 82/2015/ND-CP, he is required to meet the following conditions:

• Having a valid passport/travel document with at least one year of remaining validity.
• Having proof of parent-child relationship with the Vietnamese citizen (e.g., birth certificate).
• Not falling under any entry-suspension cases listed in Article 21 of the Law.

Cases resulting in entry suspension:

• Persons without a valid passport/travel document or without a visa. Those entering under visa exemption must hold a passport valid for at least six months and must ensure that at least 30 days have elapsed since their last exit;
• Children under 14 years old traveling without parents, guardians, or legally authorized persons.
• Persons using forged documents or making false declarations to obtain entry, exit or residence papers.
• Persons suffering from mental illness or infectious diseases threatening public health.
• Individuals expelled from Vietnam within the past three years.
• Individuals subject to compulsory departure within the past six months.
• Cases related to epidemic prevention and control.
• Cases related to natural disasters.
• Cases concerning national defense, security, or social order and safety.

If your son satisfies the above requirements and does not fall under any of the restricted categories, he may apply for and receive a visa exemption certificate, allowing him to enter Vietnam without a visa.

What is the validity period of the visa exemption certificate? What procedures must my son complete to obtain one?

A visa exemption certificate is valid for up to five years. However, if the applicant’s passport has a remaining validity of less than five years, the certificate will be issued with a validity corresponding to the passport’s remaining term.

To apply for a visa exemption certificate, your son must complete the following steps:

Step 1: Prepare the application dossier

The dossier must include:

• Original passport.
• Proof of family relationship with the Vietnamese citizen, such as a birth certificate, family relationship certificate, or other document confirming the parent-child relationship.
• Completed application form (Form NA9) issued under Circular 04/2015/TT-BCA.
• Two 4×6 cm photograph (front-facing, formal attire, no glasses - with one attached to the application form).

Step 2: Submit the dossier

If applying abroad, the dossier must be filed with the Vietnamese Embassy or Consulate in the country of residence.

If applying in Vietnam, it must be submitted to the Vietnam Immigration Department.

Your son may also apply online via the National Public Service Portal or submit the dossier by post or express delivery to the Vietnam Immigration Department.

After receiving the dossier, the competent authority will review and verify the application. If all conditions are satisfied, a visa exemption certificate valid for up to five years will be issued. Each entry into Vietnam under this certificate permits a visa-free stay of up to 180 days.

The processing time is five working days.

The issuance fee is USD 20, according to Circular 25/2021/TT-BTC of the Ministry of Finance.

If my son wishes to stay in Vietnam for a longer period, can he apply for temporary residence? How long will the temporary residence period be, and can it be extended?

Yes. Under Article 10.1 of Decree 82/2015/ND-CP, holders of a visa exemption certificate are granted a temporary residence stamp valid for six months for each entry into Vietnam.

If the visa exemption certificate has less than six months of remaining validity, the temporary residence period will be limited to the certificate’s remaining validity.

Should your son wish to stay beyond this period, Article 10.2 of the Decree allows him to apply for an extension of temporary residence for up to an additional six months.

A dossier of application for temporary residence extension must include:

• A passport or international travel document
• A written request for temporary residence extension
• The visa exemption certificate

The application may be filed with the Vietnam Immigration Department or the Immigration Division of the provincial-level Department of Public Security.

The competent authority will review and process the application within five working days upon receipt of a complete dossier. VNS/VLLF