Extension of temporary residence card for foreigner in Vietnam

In recent years, the number of foreigners residing in Vietnam has increased dramatically. However, the law limits the term of residence for foreigners in Vietnamese territory within a certain time. So, to continue residing in Vietnam, they have to carry out procedures prescribed by the law. In this article, LSX legal firm would like to give you an insight into: “Extension of temporary residence card for foreigner in Vietnam”

Legal ground

• Law on foreigners’ entry into, exit from, transit through and residence in Vietnam in 2014, implemented in 2019

Term of temporary residence card

• Firstly, the duration of the issued temporary residence card: at least 30 days shorter than the remaining validity of the passport.
• Secondly, a temporary residence card with the symbol DT1 has a validity of not more than 10 years.
• Thirdly, temporary residence cards with symbols NG3, LV1, LV2, LS, DT2, and DH have a validity of no more than 5 years.
• Fourthly, temporary residence cards with symbols NN1, NN2, DT3, and TT has a validity of no more than 03 years.
• Fifthly, temporary residence cards with symbols LD1, LD2, and PV1 have a validity of no more than 02 years.
• Also, an expired temporary residence card will be considered for a new card.

Extension of temporary residence for foreigner in Vietnam

Article 35 of the Law on foreigners’ entry into, exit from, transit through, and residence in Vietnam in 2014, implemented in 2019 stipulates the extension of foreigner’s temporary residence as follows:

Article 35. Extension of temporary residence duration

If wishing to extend his/her temporary residence duration, a foreigner temporarily residing in Vietnam shall request the agency, organization, or individual that has invited or guaranteed him/her to carry out procedures at the immigration management agency or the competent agency of the Ministry of Foreign Affairs.
The inviting or guaranteeing agency, organization, or individual prescribed in Clause 1 of this Article shall send a written request for an extension of temporary residence duration, enclosed with the passport or international travel document of the foreigners, directly to the competent agency of the Ministry of Foreign Affairs, for the cases prescribed in Clauses 1, 2, 3 and 4, Article 8 of this Law, or to the immigration management agency, for the cases prescribed in Clause 1, Article 16 of this Law.
Within 5 working days after receiving a complete dossier, the immigration management agency or competent agency of the Ministry of Foreign Affairs shall consider extending the temporary residence duration.

Agencies, organizations, and individuals inviting or guaranteeing foreigners to entry Vietnam

Agencies, organizations, and individuals inviting or guaranteeing foreigners to entry Vietnam include:

• The Secretary General of the Communist Party of Vietnam’s Central Committee, the President, the Chairman of the National Assembly, and the Prime Minister;
• The Standing Body of the Communist Party of Vietnam’s Secretariat, Vice President, Vice-Chairpersons of the National Assembly, Deputy Prime Ministers, President of the Central Committee of Vietnam Fatherland Front, the Chief Justice of the Supreme People’s Court, the Procurator General of the Supreme People’s Procuracy, the State Auditor General; ministers or equivalent post holders; secretaries of Party Committees of provinces and centrally run cities, and chairpersons of People’s Councils and People’s Committees of provinces and centrally run cities;
• Departments, agencies, and units under the Communist Party of Vietnam’s Central Committee, agencies of the National Assembly, agencies under the National Assembly Standing Committee, the Central Committee of Vietnam Fatherland Front, the Supreme People’s Court, the Supreme People’s Procuracy, the State Audit of Vietnam, ministerial-level agencies, and government-attached agencies;
• Party Committees of provinces and centrally run cities; People’s Councils and People’s Committees of provinces and centrally run cities;
• Central bodies of socio-political organizations and social organizations, the Vietnam Chamber of Commerce and Industry;
• Enterprises established under Vietnamese law;
• Diplomatic missions, consular offices, representative offices of international organizations affiliated with the United Nations, and intergovernmental organizations in Vietnam;
• Representative offices and branches of foreign traders; representative offices of foreign economic, cultural, and other professional organizations in Vietnam;
• Other organizations with the legal person status as prescribed by Vietnamese law;
• Vietnamese citizens permanently residing in Vietnam, foreigners holding temporary residence cards or permanent residence cards.

Declaration of temporary residence

When staying in Vietnam temporarily, foreigners can reside at tourist accommodation establishments, guesthouses, housing areas for foreigners who work, study, and practice as probationers, or medical examination and treatment establishments, private houses, and other accommodation establishments prescribed by the law.
Another thing that foreigners should keep in mind when staying in Vietnam under the regime of temporary residence is that they have to declare their temporary residence. According to the Law on foreigners’ entry into, exit from, transit through, and residence in Vietnam in 2014, implemented in 2019:

Article 33. Declaration of temporary residence

Foreigners who temporarily reside in Vietnam shall, via managers and executives of accommodation establishments, declare their temporary residence to public security agencies of communes, wards or townships, or police stations in localities where such accommodation establishments are located.
Accommodation establishments’ managers and executives shall fill in temporary residence declarations for foreigners and submit such declarations to public security agencies of communes, wards or townships, or police stations in localities where their accommodation establishments are located within 12 hours or within 24 hours, for remote and deep-lying areas, after the foreigners arrive in their establishments.
Tourist accommodation establishments that are hotels must have Internet access or have their computer networks connected to immigration management agencies under provincial-level Public Security Departments in order to transmit information on foreigners’ temporary residence. Other accommodation establishments that have Internet access may directly send declared information on foreigners’ temporary residence to email addresses of immigration management agencies under provincial-level Public Security Departments.
Foreigners who change their places of temporary residence or reside at places other than those stated in their temporary residence cards shall make a temporary residence declaration under Clause 1 of this Article.

Procedures for grant of temporary residence cards

Procedure to apply for temporary residence cards:

• Diplomatic missions, consular offices, or other authorized foreign agencies in Vietnam apply for NG3 temporary residence cards to the competent agency of the Ministry of Foreign Affairs;
• Inviting or guaranteeing agencies, organizations and individuals shall directly submit dossiers of application for temporary residence cards for foreigners who hold LV1, LV2, ĐT, NN1, NN2, DH, PV1, LĐ, or TT visas to immigration management agencies in localities where inviting or guaranteeing agencies, organizations and individuals are located or where invited or guaranteed persons reside.
• Within 5 working days after receiving a complete dossier, the immigration management agency or competent agency of the Ministry of Foreign Affairs shall consider granting a temporary residence card.

Legal service of LSX Legal Firm

LSX legal firm provides legal services to clients in various legal areas. To make your case convenient, LSX will perform:

• Legal advice related to new regulations;
• Representing in drafting and editing documents;
• We commit the papers to be valid, and legal for use in all cases;
• Represent to submit documents, receive results, and hand them over to customers.

With a team of experienced, reputable, and professional consultants; The firm is always ready to support and work with clients to solve legal difficulties.

Furthermore, using our service, you do not need to do the paperwork yourself; We guarantee to help you prepare documents effectively and legally.

Also, you will not have to waste time preparing the application, submitting application, or receiving results. At those stages, we will help you do it smoothly.

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This article contains information about “Extension of temporary residence card for foreigner in Vietnam” In recent years, we have supplied effective legal advice to businesses and individuals at reasonable prices and with efficient results. We always update and keep our operations and services in line with the law by adhering to legal principles. If you need any further information from the firm’s solicitors, please contact  LSX Law firm: +84846175333 or Email: [email protected]

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