Currently, the number of foreigners marrying Vietnamese citizens is increasing day by day. Therefore, the demand for temporary residence cards for them to stay long and legally in our country is also increasing. What are the conditions and procedures for applying for a temporary residence card for a foreigner to marry a Vietnamese? LSX Lawfirm will give you an article about: “Temporary residence card for foreigners married to Vietnamese”, as follows:
Legal grounds
Find out the legal basis for granting marriage temporary residence cards to foreigners
So, on what basis to determine the issuance of marriage temporary residence cards to foreigners is a question that many people are interested in. Among the many regulations and circulars on temporary residence cards, some establishments can be mentioned:
– Firstly Circular No. 219/2016/TT-BTC stipulating the regime of collection, payment, management and use of fees and charges in the field of exit, entry, transit and residence in Vietnam dated 10/11/ 2016 by the Ministry of Finance.
– Secondly Law No. 47/2014/QH13 on entry, exit, transit and residence of foreigners in Vietnam
– Thirdly, Circular No. 04/2015/TT-BCA stipulating the form of documents related to the entry, exit and residence of foreigners in Vietnam dated January 5, 2015 of the Ministry of Public Security.
Conditions for foreigners marrying Vietnamese granted temporary residence cards
Granted a marriage temporary residence card, a foreigner needs to meet the following conditions:
Their passports must be valid for more than 12 months.
– Foreigners must have a visa currently in use in Vietnam (with symbol TT).
– Foreigners must have a marriage certificate in Vietnam for the case of marriage registration abroad or a certificate of marriage registration in Vietnam. In case of foreign documents, the foreigner must consular legalized and notarized translation of the marriage note).
The duration of the temporary residence card for the marriage of a foreigner with a Vietnamese citizen
Temporary residence cards for foreigners married to Vietnamese citizens bearing the symbol TT are valid for no more than 3 years. During this period, employees have the right to live and work legally in our country.
Details in the application file for a temporary residence card for a foreigner married to a Vietnamese
A complete and valid dossier set includes the following documents:
– Marriage registration certificate of foreigners in Vietnam (notarized copy) or in case they register their marriage abroad, it is necessary to prepare a marriage note in Vietnam (legal copy) consularization).
– Application for guarantee and issuance of temporary residence card for foreigners according to the prescribed Form NA7.
– The application form for temporary residence card for foreigners according to form NA8.
– Original passport and visa of foreigners. In which, their passports must be valid for at least 13 months and their entry visas must be for the right purpose.
In addition
– Vietnamese household registration book of the foreign spouse who is Vietnamese (Notarized copy).
– CCCD/ID of the spouse of a foreigner who is Vietnamese.
– 02 personal photos with standard size 2cm x 3cm.
– Marriage registration certificate (if it issued in a foreign country, the certificate legalized and notarized).
– A declaration of temporary residence or an application for confirmation of temporary residence at the police station of the place of residence.
Steps to apply for a temporary residence card for a foreigner married to a Vietnamese
The procedure for applying for a temporary residence card for marriage is quite simple and is no different from the procedure for applying for an investor or representative office. The steps to apply for a temporary residence card for a foreigner married to a Vietnamese are:
Step 1: Prepare 01 set of documents to apply for a temporary residence card in accordance with the law (as mentioned above).
Step 2: Submit your application between Monday and Saturday morning (except holidays, New Year and Sunday) at one of the following addresses:
– Immigration Office (44-46 Tran Phu, Ba Dinh, Hanoi; 254 Nguyen Trai, District 1, Ho Chi Minh City; 7 Tran Quy Cap, Da Nang City).
– Immigration Department of the police of the province and city directly under the central government.
After the above-mentioned competent authority receives the dossier and checks the legality and content of the dossier, if the foreigner’s application for a temporary residence card is complete and valid, the official receiving the dossier, print and hand over the receipt, schedule the date to return the results. Conversely, if the application is not valid, the officer receiving the application will guide the applicant to supplement and complete the application.
You can also refer to the article about Do students need to register for temporary residence in Vietnam?; Temporary residence card for foreigners in Vietnam.
Step 3
This is the final step in the procedure of applying for a temporary residence card for a person married to a Vietnamese citizen. Foreigners will come to receive the results within 05 working days from the date of application submission. Upon arrival, they need to give a receipt, identity card or passport to the officer who returns the inspection results. If the temporary residence card issued, the foreigner required to pay the fee, sign and receive the temporary residence card (even if it not resolved).
Investors should note about the time to return results: From Monday to Friday every week (except New Year’s Day, Public Holiday and Saturday, Sunday).
Related questions
Currently, the fee for temporary residence registration varies from region to region is specified in the resolution of the provincial People’s Council.
This regulation is based on the actual situation of the locality and ensures the principle that the fee level for registration of residence in the districts of the city directly under the Central Government or the inner city ward of the city is higher than that of the city for other regions.
According to Clause 1, Article 28 of the Law on Residence 2020, the application for temporary residence registration is as follows:
“Article 28. Dossiers and procedures for temporary residence registration and extension of temporary residence
1. An application for temporary residence registration includes:
a) Declaration of change of residence information; for minors, the declarations must clearly state the consent of the parents or guardians, unless written consent has been obtained;
b) Papers and documents proving lawful residence.”
Pursuant to the provisions of Article 29 of the Residence Law 2020 as follows:
“Article 29. Deletion of temporary residence registration
1. Persons falling into one of the following circumstances shall have their temporary residence registration removed:
a) Death; there is a court decision declaring him missing or dead;
b) There has been a decision on cancellation of temporary residence registration specified in Article 35 of this Law;
c) Being absent from the temporary residence for 6 months or more without registering for temporary residence at another place of residence;
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