When residing in Vietnam, residents must declare their residence to the competent authority. This creates favorable conditions for the state to monitor people’s activities, and at the same time facilitates people to participate in administrative and social activities. Overseas Vietnamese belong to relatively complex subjects in the subjects of permanent residence registration. In this article, LSX legal firm would like to give you an inform into: “Procedure to register permanent residence for overseas Vietnamese”
- Law on Residence 2020
- Law on Foreigners’ entry into, exit from, transit through and residence Vietnam 2014
Vietnamese overseas as defined by the law
Overseas Vietnamese refers to Vietnamese people residing outside the territory of Vietnam. They may hold Vietnamese nationality, or the nationality of the host country, or both at the same time.
According to the Law on Vietnamese Nationality 2014:
- “Overseas Vietnamese” means Vietnamese citizens and persons of Vietnamese origin who permanently reside in foreign countries.
- “Persons of Vietnamese origin residing abroad” are Vietnamese people who used to have Vietnamese nationality which had been determined at the time of their birth on the consanguinity principle and their offspring and grandchildren are permanently residing in foreign countries.
In case you are an overseas Vietnamese who are still holding Vietnamese nationality, you can register your permanent residence as prescribed by the Law on Residence 2020 for a Vietnamese person.
On the other hand, if you have lost your Vietnamese nationality, you shall register your residence as prescribed in the Law on Foreigners’ entry into, exit from, transit through, and residence Vietnam 2014. If you desire to register with the Vietnamese regime, you have to restore your Vietnamese nationality or apply for it.
Conditions for permanent residence of foreigners
Persons eligible for consideration for permission for permanent residence include:
- Firstly, foreigners who have made meritorious services and contributions to the national construction and defense of Vietnam and awarded medals or state honorary titles by the Vietnamese Government if they have lawful places of habitation and stable incomes to ensure their livelihood in Vietnam.
- Secondly, scientists or experts temporarily residing in Vietnam requested by ministers, heads of ministerial-level agencies, or heads of government-attached agencies that perform the state management in their professional fields.
- Thirdly, foreigners temporarily residing in Vietnam for at least 3 consecutive years, guaranteed by their parents, spouses, or children who are Vietnamese citizens permanently residing in Vietnam.
- Fourthly, stateless persons who reside temporarily in Vietnam since 2000 or earlier.
Procedures for permitting permanent residence
- Foreigners applying for permanent residence permits shall carry out procedures at the immigration management agency. An application dossier comprises:
- An application for permanent residence permission;
- The applicant’s criminal record issued by a competent authority of the country of which the applicant is a citizen;
- A diplomatic note from the representative mission of the country of which the applicant is a citizen, requesting permanent residence permit for the applicant;
- A certified copy of the applicant’s passport;
- Papers proving the applicant’s satisfaction of the conditions for permanent residence permission prescribed in Article 40 of this Law;
- A letter of guarantee, for foreigners prescribed in Clause 3, Article 39 of this Law.
2. Within 4 months after receiving a complete dossier, the Minister of Public Security shall consider and decide to permit permanent residence; if considering it necessary to make further verification, this time limit may be extended for up to 2 months.
3. The immigration management agency shall notify in writing the results to the applicant and provincial-level Public Security Department of the locality where the foreigner wishes to permanently reside.
4. Within 5 working days after receiving a notice from the immigration management agency, the provincial-level Public Security Department of the locality where the applicant wishes to permanently reside shall notify such to the foreigner whose application is accepted.
5. Within 3 months of receiving the notice of permanent residence permission, the foreigner must go to the immigration management agency of the provincial-level Public Security Department of the locality where he/she wishes to permanently reside to receive a permanent residence card.
Conditions on permanent residence registration for Vietnamese nationality
A citizen may register his/her permanent residence in a lawful place of residence not under his/her ownership after obtaining the consent of the household head and the owner of such lawful place of residence in the following cases:
- He/she comes to live together with his/her spouse, parent(s), or child(ren);
- He/she is an elderly person and comes to live together with his/her sibling(s), or grandchild(ren); he/she is a person with particularly severe disabilities or severe disabilities or having no working capacity or suffering a mental illness or another disease that renders him/her unable to cognize and control his/her acts and comes to live together with his/her paternal or maternal grandparent(s), sibling(s), uncle(s), aunt(s), grandchild(ren) or guardian;
- He/she is a minor who has obtained the consent of his/her parent(s) or guardian or who has no parents and comes to live together with his/her great paternal or maternal grandparent(s), grandparent(s), sibling(s), uncle(s), or aunt(s); or he/she is a minor who comes to live together with his/her guardian.
Citizens may register their permanent residence in their lawful places of residence which they rent, borrow or live under permission of the owners of such places when satisfying the following conditions:
- They have obtained the consent of the owners of such lawful places of residence for registering their permanent residence at such places and the consent of household heads in case they register their permanent residence in such households;
- The condition on the minimum housing area set by provincial-level People’s Councils is satisfied which must not be smaller than 8 m2 of floor/person.
For other cases such as register permanent residence at belief or religious establishments having auxiliary works as houses; Register permanent residence at social protection establishments; Register permanent residence on vehicles; Register permanent residence of minors, you can refer to Article 20 of the Law on Residence 2020.
Procedures for permanent residence registration/ household registration
According to Article 22 of the Law on Residence 2020, the procedures for permanent residence registration:
Article 22. Permanent residence registration proceduresPermanent residence registration applicants shall file their permanent residence registration dossiers to the residence registration offices of the localities where they reside.
Upon receiving permanent residence registration dossiers, residence registration offices shall check them and issue dossier receipts to the registered applicants. For incomplete dossiers, they shall guide the applicants to supplement them.
Within 7 working days after receiving a complete and valid permanent residence registration dossier, a residence registration office shall verify and update information on the new place of permanent residence of the residence registrant to the residence database and notify him/her of the update. In case of refusal of registration, it shall reply in writing, clearly stating the reason.
A person who has made permanent residence registration and moves to another lawful place of residence and fully satisfies the conditions for permanent residence registration shall register his/her permanent residence in the new place of residence in accordance with this Law within 12 months from the date of satisfaction of registration conditions.
Accordingly, applicant shall prepare a set of dossier to apply for household registration, submit it to the competence agency. The agency shall verify and update information as prescribed in the Article above.
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The above content details information regarding “Procedure to register permanent residence for overseas Vietnamese”. LSX Legal Firm has provided effective legal guidance to businesses and individuals with reasonable prices as well as efficient outcomes in recent years. Following legal principles, we always update and keep our operations and services on track with the law. If you need any further information from the firm’s solicitors, please contact LSX Law firm: +84846175333 or Email: email@example.com
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Frequently asked questions
-Declaration of change to residence information, including permission for permanent residence registration from the household head and owner of the lawful place of residence that the applicant rents, borrows or stays in or authorized person, unless a written permission has been obtained;
-Agreement or document on renting, borrowing, or staying in the lawful place of residence notarized or certified as prescribed by law;
-Written proof of sufficient floor area for permanent residence registration per the law.
-An application for permanent residence permission.
-The applicant’s criminal record issued by a competent authority of the country of which the applicant is a citizen.
-A diplomatic note from the representative mission of the country of which the applicant is a citizen, requesting permanent residence permission for the applicant.
-A certified copy of the applicant’s passport.
-Papers proving the applicant’s satisfaction with the conditions for permanent residence permission.
-A letter of guarantee for foreigners.
An application for permanent residence permission.
Papers proving that he/she has been temporarily residing in Vietnam since before 2000. On the other hand, papers proving they have fully satisfy the conditions of the law.