Currently, many foreigners want to come to Vietnam to live and work. However, in order to enter and reside in Vietnam, they must meet all the conditions and procedures prescribed by law. One of the requirements to enter Vietnam is that a foreigner must be guaranteed. In case they have a spouse who is Vietnamese, it will be easier for foreigners to get sponsorship. In this article, LSX legal firm introduces: “Settlement guarantee after marriage for foreigner in Vietnam”
Legal ground
- Law on foreigners’ entry into, exit from, transit through, and residence in Vietnam 2014
Who has the right to guarantee foreigner to enter Vietnam?
According to Article 14 of the Law on foreigners’ entry into, exit from, transit through, and residence in Vietnam 2014, the following people and agencies have the right to guarantee for foreigners:
Article 14. Agencies, organizations and individuals inviting or guaranteeing foreigners
1. Agencies, organizations and individuals inviting or guaranteeing foreigners to enter Vietnam under Clause 2, Article 10 of this Law include:
a/ The Secretary General of the Communist Party of Vietnam’s Central Committee, the President, the Chairman of the National Assembly, and the Prime Minister;
b/ 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;
c/ 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;
d/ Party Committees of provinces and centrally run cities; People’s Councils and People’s Committees of provinces and centrally run cities;
dd/ Central bodies of socio-political organizations and social organizations, the Vietnam Chamber of Commerce and Industry;
e/ Enterprises established under Vietnamese law;
g/ Diplomatic missions, consular offices, representative offices of international organizations affiliated to the United Nations, intergovernmental organizations in Vietnam;
h/ Representative offices and branches of foreign traders; representative offices of foreign economic, cultural, and other professional organizations in Vietnam;
i/ Other organizations with the legal person status as prescribed by Vietnamese law;
k/ Vietnamese citizens permanently residing in Vietnam, foreigners holding temporary residence cards or permanent residence cards.
Persons considered for permanent residence in Vietnam
The cases to considered for permanent residence specified in Article 39 of the Law on Entry, Exit, Transit, and Residence of Foreigners in Vietnam 2014 as follows:
Article 39. Persons eligible for consideration for permission for permanent residence
1. 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.
2. Foreigners who are scientists or experts temporarily residing in Vietnam.
3. Foreigners guaranteed by their parents, spouses or children who are Vietnamese citizen permanently residing in Vietnam.
4. Stateless persons who have been temporarily residing Vietnam since 2000 or earlier.
Thus, in case a foreigner guaranteed by a wife or husband who holds Vietnamese nationality and resides in Vietnam, the competence agency might consider granting a permanent residence card.
Guaranteeing foreigners to enter Vietnam at the immigration management agency
In which case do you have to carry out the procedure at the immigration management agency?
Under the Law on foreigners’ entry into, exit from, transit through, and residence in Vietnam 2014, foreigners other than those mentioned in Clauses 1, 2, 3 and 4, Article 8 of this Law shall, via inviting or guaranteeing agencies, organizations and individuals, carry out procedures at the immigration management agency. The inviting or guaranteeing agencies and organizations shall directly submit visa applications to the immigration management agency.
Article 8. Visa symbols
NG1 – To be granted to members of delegations invited by the Secretary General of the Communist Party of Vietnam’s Central Committee, the President, the Chairperson of the National Assembly or the Prime Minister.
NG2 – To be granted to members of delegations invited by the Standing Body of the Communist Party of Vietnam’s Secretariat, Vice Presidents, National Assembly Vice Chairpersons, Deputy Prime Ministers, the President of the Vietnam Fatherland Front’s Central Committee, the Chief Justice of the Supreme People’s Court, the Procurator General of the Supreme People’s Procuracy, or the State Auditor General; members of delegations invited by ministers and the equivalent post holders, secretaries of Party Committees of provinces and centrally run cities or chairpersons of People’s Councils and People’s Committees of provinces and centrally run cities.
NG3 – To be granted to members of diplomatic missions, consular offices and representative offices of international organizations affiliated to the United Nations, representative offices of intergovernmental organizations and their spouses, under-18 children and housemaids who live with them during their terms of office.
NG4 – To be granted to people who come to work with diplomatic missions, consular offices, representative offices of international organizations affiliated to the United Nations and representative offices of intergovernmental organizations; visitors of members of diplomatic missions, consular offices, representative offices of international organizations affiliated to the United Nations and representative offices of intergovernmental organizations.
Procedures for inviting or guaranteeing foreigners to enter Vietnam at the immigration management agency
Before carrying out procedures for inviting or guaranteeing a foreigner to enter Vietnam, a social organization, an enterprise, or another organization having the legal person status as prescribed by Vietnamese law, a foreign trader’s branch or the representative office of a foreign economic, cultural or professional organization in Vietnam shall send to the immigration management agency a written notice, together with a dossier comprising:
- A certified copy of the organization’s establishment license or decision issued by a competent agency;
- A document introducing the seal and signature of the organization’s competent person.
The notice shall only be sent only once. If the contents of the dossier are changed, the agency or organization shall submit an additional notice.
Within 5 working days after receiving the visa application, the immigration management agency shall consider and process the dossier and send a reply to the inviting or guaranteeing agency, organization, or individual and notify such to the overseas Vietnamese agency competent to grant visas.
After receiving the written reply from the immigration management agency, the inviting or guaranteeing agency, organization or individual shall notify such to the foreigner for the latter to carry out procedures for receiving the visa at the overseas Vietnamese agency competent to grant visas.
In case of applying for visa at a border gate, the immigration management agency shall consider and process the dossier within 3 working days after receiving a complete dossier, for the cases prescribed at Points a, b, c, and d, Clause 1, Article 18 of the Law on foreigners’ entry into, exit from, transit through, and residence in Vietnam 2014; and within 12 working hours after receiving a complete dossier, for the cases prescribed at Points dd and e, Clause 1, Article 18 of this Law.
Procedures for permitting permanent residence
Foreigners applying for a permanent residence permit 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 a 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.
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.
The immigration management agency shall notify in writing the results to the applicant and the provincial-level Public Security Department of the locality where the foreigner wishes to permanently reside.
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.
Within 3 months after 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.
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;
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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.
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After all, LSX provides the service with the desire that customers can experience it the best way. Additionally, we guarantee the cost to be the most suitable and economical for customers.
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This article contains information about “Settlement guarantee after marriage 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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Frequently asked questions
The maximum time from receiving complete dossiers, carrying out registration procedures to receiving the marriage certificate with a foreigner is 13 working days at most.
After entering into marriage with a Vietnamese, foreigner can carry out procedure applying for naturalization.
For stay extension and visa issuance, foreigners fill and submit form NA5 under Circular 04/2015/TT-BCA.
Conclusion: So the above is Settlement guarantee after marriage 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
