Issuing visas for foreigners who do not declare temporary residence

by DungTran

Currently, many foreigners are living and working in Vietnam. However, not everyone has fully completed the procedures to reside and temporarily reside in Vietnam. The following article, LSX Law firm will provide you with knowledge about:
Issuing visas for foreigners who do not declare temporary residence. Regulations on penalties for foreigners who do not declare temporary residence.

Question summary:

I have a friend who is an American, 30 years old, married to a Vietnamese 5 months ago, and has a 1-year-old son. Recently, he asked a lawyer to ask for help in getting a visa in Vietnam. The lawyer explained that the foreigner has only a 3-month visa. He had been in Vietnam for 5 months without declaring to the authorities, so he had to pay a fine for 2 months of “underground” in Vietnam. In addition, you have to go abroad once every 3 months to re-issue a Visa. The question arises: is the content of the lawyer’s advice as above correct? If yes, is there any way to reduce that cost and not go abroad every 3 months?

Legal grounds

Decree 167/2013/NĐ-CP

Regulations on penalties for foreigners who do not declare temporary residence

According to Decree 167/2013/ND-CP dated November 12, 2013, providing for penalties for violations of regulations on exit, entry, transit, residence, and travel.

Point đ, Clause 4, Article 17 of Decree 167/2013/ND-CP stipulates: Accordingly, “Foreigners do not declare their temporary residence as prescribed or use temporary residence certificates, temporary residence cards or permanent residence cards; stay in Vietnam for more than 16 days without the permission of a competent authority;” shall be fined from 3,000,000 VND to 5,000,000 VND.

In general, this fine level forces the violator to comply and can not increase.

However, to not have to go abroad for 3 months, you can extend your visa. Foreigners are temporarily residing in Vietnam with a 1-month visa, a 3-month visa, a 1-year visa… If the expiration date has expired, they want to stay in Vietnam longer. They are required to extend the visa according to the regulations of the management agency immigration officer.

Issuing visas for foreigners who do not declare temporary residence

According to Vietnamese law, the following agencies shall extend visas for foreigners:

– Immigration Department: extending visas for those entering Vietnam in the form of visa exemption for citizens of countries under Vietnam visa exemption regulations, people of Vietnamese origin, having a spouse, or have a Vietnamese parent who has a valid visa exemption certificate when the visa expires, apply for an extension at the Immigration Department. In addition, the Immigration Department can extend visas for foreigners in cases such as foreign workers and investors.

In addition, prevention of immigration control and police of provinces and cities to extend visas according to their territorial jurisdiction; extend visas for foreigners who are temporarily residing or working in their provinces and cities; cases that are not under the authority of the superior Immigration Department. 

Finally, hope this article is helpful for you!

If you have any questions; please contact Lawyer X for quick and best legal services: 0833102102.

Related questions:

What is the procedure to apply for a visa extension for foreigners?

According to Vietnamese law, the following agencies shall extend visas for foreigners:

Administration of Immigration.

– Immigration management office of provincial and city police.

What is a visa extension?

Visa extension is a term understood that visitors would be allowed to stay in Vietnam according to regulations. Moreover, they will be able to stay for a certain period without having to exit Vietnam and re-enter Vietnam. If the visa is extended, foreign guests will be stamped with an extension of the passport name showing the new period of stay on it as required by law. The extended visa will be valid for one entry. After the extension, if the visitor leaves Vietnam, the extended visa will automatically expire according to regulations.

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