In the 21st century, world integration takes place on a global scale, and Vietnam also participates in this process along with the nations. Therefore, the number of foreigners coming to Vietnam in recent years has increased sharply. However, to reside in Vietnamese territory, even temporarily, foreigners have to carry out certain procedures in accordance with the law. In this article, LSX legal firm introduces: “Service of applying 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
Persons qualified for grant of temporary residence cards
Persons eligible for a grant of temporary residence card include:
- Foreigners as members of diplomatic missions, consular offices, representative offices of international organizations affiliated with the United Nations or intergovernmental organizations in Vietnam, their spouses, under 18 years old children, and housemaids who live with them during their terms of office. If approved, the competent authority grants persons falling into this case temporary residence cards with the symbol NG3.
- Foreigners who hold LV1, LV2, ĐT, NN1, NN2, DH, PV1, LĐ, or TT visas. In these cases, the competent authority issues temporary residence cards with the same symbols.
Accordingly, for individuals not belong to governmental organizations who want to entry into Vietnamese territory and apply for a temporary residence card, they must apply for a visa of LV1, LV2, ĐT, NN1, NN2, DH, PV1, LĐ, or TT first.
Conditions for grant of a visa
According to article 10 of the Law on foreigners’ entry into, exit from, transit through, and residence in Vietnam in 2014, implemented in 2019, the conditions include:
Article 10. Conditions for grant of a visa
Having a passport or an international travel document.
Being invited or guaranteed by an agency, organization, or individual in Vietnam, except for the cases prescribed in Article 16a, Article 16b, and Clause 3, Article 17 of this Law.
Not falling into the cases of suspension from entry prescribed in Article 21 of this Law.
Papers proving the purposes of entry are required when applying for a visa in the following cases:
a/ Foreigners who come to make an investment must have papers proving their investment in Vietnam in accordance with the Law on Investment;
b/ Foreigners practicing law in Vietnam must have a practice license in accordance with the Law on Lawyers;
c/ Foreigners who come to work in Vietnam must have work permits in accordance with the Labor Code;
d/ Foreigners who come to study in Vietnam must have admission documents from Vietnamese schools or educational institutions.
E-visas issued to foreigners who have passports and do not fall into the categories specified in Clauses 1, 2, 3, and 4, Article 8 of this Law.
Cases of visa exemption
The following persons may enjoy exemption from visa
- Persons eligible for visa exemption in accordance with international treaties in which Vietnam participates.
- Holders of permanent residence cards or temporary residence cards in accordance with the Law on foreigners’ entry into, exit from, transit through, and residence in Vietnam in 2014, implemented in 2019.
- Persons who enter border-gate economic zones or special administrative-economic units.
- Entering the coastal economic zone decided by the Government when satisfying all the following conditions: having an international airport; having a separate space; having definite geographical boundaries, separate from the mainland; consistent with the policy of socio-economic development and without prejudice to the national defense, security, social order and safety of Vietnam.
- Persons in the cases prescribed in Article 13 of the Law on foreigners’ entry into, exit from, transit through, and residence in Vietnam in 2014, implemented in 2019.
- Overseas Vietnamese holding passports or international travel documents issued by foreign competent agencies and foreigners who are their spouses or children; foreigners who are spouses and children of Vietnamese citizens who are exempted from visas under the Government’s regulations.
Temporary residence certification
Foreigners who enter Vietnam without a valid permanent residence card or temporary residence card will be granted a certificate of temporary residence at the border gate with the following time limit:
- The duration of temporary residence equals the validity duration of visas. In case a visa with the symbol DL is valid for more than 30 days, a temporary residence permit shall be granted for 30 days and an extension shall be considered following the Law;
- For persons exempted from visas under international treaties in which Vietnam participates, the temporary residence period shall granted according to the provisions of the international treaty. In case the international treaty does not stipulate the temporary residence period, the temporary residence granted for 30 days;
- For citizens of a country that is unilaterally exempted from a visa by Vietnam, a temporary residence permit shall be granted for 15 days. If they enter a special administrative-economic unit or a coastal economic zone specified in Clause 3a, Article 12 of the Law on foreigners’ entry into, exit from, transit through, and residence in Vietnam in 2014, implemented in 2019, they shall granted temporary residence as prescribed in Point d of this Clause;
- For persons not falling into the cases specified above who enter a border-gate economic zone, they shall be granted temporary residence for 15 days. If they enter a special administrative-economic unit or a coastal economic zone specified in Clause 3a, Article 12 of the Law on foreigners’ entry into, exit from, transit through, and residence in Vietnam in 2014, implemented in 2019, a temporary residence permit shall be granted for 30 days.
Foreigners may temporarily reside in Vietnam throughout the permitted temporary residence duration.
The immigration management agency may cancel or shorten the temporary residence duration in case foreigners violate Vietnamese law.
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.
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.
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The above content details information regarding “Service of applying temporary residence card for foreigner in Vietnam”. 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 protected]
See more
Steps to grant temporary residence cards for foreigners in Vietnam
Regulations on official residence development in Vietnam
Temporary residence card for foreigners married to Vietnamese
Frequently asked questions
According to the Law on foreigners’ entry into, exit from, transit through, and residence in Vietnam in 2014, implemented in 2019: Temporary residence certification means the determination by a competent Vietnamese agency of the period of time a foreigner may temporarily reside in Vietnam.
The immigration management agency or a competent agency of the Ministry of Foreign Affairs issues a temporary residence card to a foreigner permitted to reside in Vietnam for a certain period of time. This card has the same validity as a visa.
A foreigner may enter Vietnam when fully meeting the following conditions:
Having a passport or an international travel document and a visa.
A foreigner who eligible for visa exemption upon entry under a unilateral visa exemption scheme must have a passport that remains valid for at least 6 months. The interval between the entry date and the previous exit date must be at least 30 days.
Not suspended from entry.
Conclusion: So the above is Service of applying temporary residence card for foreigner in Vietnam. Hopefully with this article can help you in life, please always follow and read our good articles on the website: lsxlawfirm.com
