Application for temporary residence guarantee for foreigners in Vietnam

Depending on the subject and purpose of temporary entry, the guarantor applying for a temporary residence card for a foreigner needs to prepare a complete application for guarantee, the papers and documents must be in the most standard form. , fill in the information completely and accurately to be approved and handled by the competent authority. And surely if you are a relative or a company or business that wants to make a guarantee document for relatives, foreign workers, and experts applying for a temporary residence card, it is impossible without a guarantee paper for temporary foreigners. stay as prescribed. So how is this paper presented? Lawyer X would like to answer through the following article “Application for temporary residence guarantee for foreigners in Vietnam”:

Legal grounds

Circular 04/2015/TT-BCA stipulating the form of documents related to the entry, exit and residence of foreigners in Vietnam
Law on entry, exit, transit and residence of foreigners in Vietnam 2014

What is a temporary residence card for foreigners?

Temporary residence card is one of the key issues when it comes to state management of residence for foreigners. Temporary and permanent residence cards are important and necessary documents for foreigners to reside in Vietnam. According to the explanation in Clause 13, Article 3 of the Law on entry, exit, transit and residence of foreigners in Vietnam: “Temporary residence card is a document issued by an immigration management agency or a competent authority. authority of the Ministry of Foreign Affairs to grant foreigners permission to reside in Vietnam for a definite period and is valid in lieu of a visa.”

Conditions for granting temporary residence cards to foreigners

Conditions for granting a temporary residence card stipulate that foreigners need to meet the following requirements if they want to apply for this type of card:

Have a passport valid for at least 13 months (the longer the passport validity, the longer the duration of the temporary residence card);
Foreigners must register for temporary residence at commune and ward police stations according to regulations of competent agencies;
On the contrary, the subjects must be held criminally responsible. The subject is the defendant in commercial, civil and labor disputes. Persons obliged to execute criminal, civil, economic judgments, execute decisions on sanctioning administrative violations, tax obligations and other financial obligations shall not be granted temporary residence cards in Vietnam.

Procedures for guaranteeing foreigners in Vietnam

1. Foreigners not specified in Clauses 1, 2, 3 and 4, Article 8 of this Law must invite or guarantee through an agency, organization or individual to invite or guarantee to carry out procedures at the import-export management agency. scene. Agencies, organizations and individuals that invite or guarantee foreigners shall directly submit a written request for a visa at the immigration management agency.
2. Before carrying out procedures for inviting and guaranteeing foreigners to enter Vietnam, social organizations, enterprises and other organizations with legal status as prescribed by Vietnamese law, branches of foreign traders In addition, representative offices of foreign economic, cultural and other professional organizations in Vietnam must send a written notice to the immigration management agency enclosed with the application, including:
   a) A certified copy of the license or decision of a competent authority on the establishment of the organization;
   b) The document introducing the seal and signature of the authorized person of the organization.
   The notification is made only once, when there is a change in the contents of the dossier, an additional notice must be made.
3. Within 05 working days from the date of receipt of the written application for visa, the immigration management agency shall consider, settle and reply to the inviting, guaranteeing agency, organization or individual and notify the visa-issuing authority of Vietnam abroad.
4. After receiving a written reply from the immigration management agency, the agency, organization or individual that invites or guarantees the foreigner to enter Vietnam shall notify the foreigner to carry out the procedures for receiving a visa. at a Vietnamese visa-issuing authority abroad.
5. In case of applying for a visa at an international border gate, the immigration management agency shall consider and handle it within 3 working days from the date of receipt of a complete application for the cases specified in the regulations. Points a, b, c and d, Clause 1, Article 18 of this Law; within 12 working hours from the date of receipt of a complete dossier, for the cases specified at Points dd and e, Clause 1, Article 18 of this Law.
6. Agencies, organizations and individuals that apply for visas to foreigners at overseas visa-issuing agencies of Vietnam must pay to the immigration management agency the fees for doing so. visa issuance notification.

Accordingly, before carrying out the guarantee procedures, a written notice must be sent to the immigration management agency enclosed with the dossier, including:

• A certified copy of the license or decision of a competent authority on the establishment of the organization;
• A document introducing the seal and signature of an authorized person of the organization. The notification is made only once, when there is a change in the contents of the dossier, an additional notice must be made.
  Then, send a written request for a visa at the Immigration Department according to form NA2 – Circular 04/2015/TT-BCA.
• Within 05 working days from the date of receipt of the written application for visa, the Immigration Department considers, processes and responds to your party and notifies the competent visa authority. of Vietnam abroad.

After receiving the written reply from the Immigration Department, notify the foreigner to carry out the procedures for receiving a visa at the overseas visa-issuing authority of Vietnam.

Application for sponsorship for foreigners for temporary residence for businesses

According to the provisions of the Immigration Law, foreigners who want to enter and stay in Vietnam for a long time to work, invest, etc., are required to have a company or enterprise in Vietnam to guarantee to carry out the procedures to apply for a grant. visa, temporary residence card. And according to Circular No. 04/2015/TT-BCA of the Ministry of Public Security dated January 5, 2015 stipulating that the form of guarantee letter for foreigners to temporarily stay for business will be the form NA6.
Form NA6 – This is a paper form used for businesses and organizations operating in Vietnam to apply for a temporary residence card for investors, foreign workers with work permits, and cases where foreigners are exempted from the visa. work permit ….. with a minimum term of 1 year and a maximum of 10 years. Normally, the application file for a temporary residence card, in addition to the guarantee application for issuance of a temporary residence card to foreigners (form NA6), also comes with a declaration of the person being guaranteed to grant a temporary residence card according to form NA8.

Instructions on how to fill out form NA6

The information that businesses need to fill out on the NA6 form is also very simple, not too complicated. Businesses only need to note the following items:

1. Name of agency or organization
2. The Immigration Department or the Immigration Department of the Public Security Bureau of the province or city directly under the Central Government, the competent agency of the Ministry of Foreign Affairs (for persons eligible for NG3 temporary residence card).

Application for sponsorship for foreigners for temporary residence for individuals

Also according to the Circular No. 04/2015/TT-BCA of the Ministry of Public Security dated January 5, 2015 stipulating that the form of guarantee for foreigners temporarily staying for personal visit will be form NA7.
Form NA7 – This form is used for individuals who are Vietnamese citizens to sponsor foreigners to apply for a temporary residence card in Vietnam. If the spouse is a foreigner married to a Vietnamese, the spouse with Vietnamese nationality can sponsor the foreigner to apply for a temporary residence card in Vietnam. That temporary residence card has the symbol TT (visiting relatives) or VR (private affairs).

Instructions for filling the form NA7

1. The Immigration Department or the Immigration Department of the Police Department of the province or city where he/she permanently resides.
2. Specify relationship with guarantor
3. The head/Police of the ward or commune where the guarantor permanently resides shall certify the contents in Section I.

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