Vietnam is a living and working environment chosen by the majority of foreigners, whether long-term or definite-term, the management of foreigners in general, the state management of residence for foreigners in particular is an urgent requirement today. So about the matter “What is a temporary residence card for foreigners in Vietnam?” Let’s find out with LSX in the article below.
Legal basis
- Law on entry, exit, transit and residence of foreigners in Vietnam 2014, amended and supplemented in 2019.
- Circular 31/2015/TT-BCA
What is a temporary residence card for foreigners in Vietnam?
Temporary residence card is one of the key issues when it comes to state management of residence for foreigners. Temporary and permanent residence cards are important and necessary documents for foreigners to reside in Vietnam. According to the explanation in Clause 13, Article 3 of the Law on entry, exit, transit and residence of foreigners in Vietnam: “Temporary residence card is a document issued by an immigration management agency or a competent authority. authority of the Ministry of Foreign Affairs to grant foreigners permission to reside in Vietnam for a definite period and is valid in lieu of a visa.”
Based on this concept, the characteristics of a temporary residence card can be given:
– First, a temporary residence card issued by a competent authority. Specifically, the immigration management agency – is a specialized agency under the Ministry of Public Security in charge of managing the entry, exit, transit and residence of foreigners in Vietnam. (Clause 15, Article 3, Law on entry, exit, transit and residence of foreigners in Vietnam)- Immigration Department. Or the competent authority of the Ministry of Foreign Affairs, for example, the Consular Department or the Department of Foreign Affairs of Ho Chi Minh City.
Second, temporary residence cards are issued to foreigners. These are individuals without Vietnamese nationality.
Third, the temporary residence card allows foreigners to reside for a limited time. The determination of the term depends on each type of temporary residence card, usually from 2 years to 5 years.
Fourthly, the temporary residence card is valid in lieu of a visa. According to the explanation in Clause 11 Article 3 of the Law on entry, exit, transit and residence of foreigners in Vietnam: “Visa is a type of document issued by a competent authority of Vietnam, allowing foreigners to outside of entering Vietnam.” The recognition of a temporary residence card as a substitute for a visa is also completely reasonable because the nature of the temporary residence card includes a visa.
Regulations on temporary residence cards for foreigners
Researching regulations on temporary residence cards for foreigners, the author focuses on the following issues:
Cases of being granted temporary residence cards and temporary residence card symbols
According to the provisions of Clause 14, Article 1 of the Law on entry, exit, transit and residence of foreigners in Vietnam, amended in 2019, there are 02 cases of being granted temporary residence cards (attached to the temporary residence card symbol):
Case 1 (required): The foreigner is a member of a diplomatic mission, a consular office, a representative agency of an international organization of the United Nations, an intergovernmental organization in Vietnam and his wife, husband, children under 18 years of age, and domestic helpers who are accompanied by term of office.
Foreigners who are members of diplomatic missions or consular offices include heads of representative missions, diplomatic officers, consular officers and employees of representative missions. The granting of temporary residence cards to these subjects is also considered as one of the contents of diplomatic incentives in accordance with the trend of international and national laws. Members of representative missions of international organizations under the United Nations and intergovernmental organizations often come to Vietnam with important roles, performing their duties and powers, which are meaningful in promoting development. of the country, supporting countries in a number of campaigns, so it is understandable to issue temporary residence cards so that they have the ability to actively carry out their responsibilities. For spouses, children under 18 years of age, and domestic helpers are also granted as “following” the policy of granting temporary residence cards for special subjects.
The issuance of a visa card in this case is quite simple and the management is also effective because the activities of foreigners who are members of diplomatic missions, consular offices, and representative offices of international organizations under the Ministry of Finance are quite simple. United Nations, intergovernmental organizations in Vietnam often have a specific term, temporary residence cards will also be attached to this term.
The temporary residence card applicable to this case has the symbol NG3.
Case 2 (issuance consideration): Foreigners enter with visas with symbols LV1, LV2, LS, DT1, DT2, DT3, NN1, NN2, DH, PV1, LD1, LD2, TT.
This is the case except case 1, the identification of people entering by visa with the above symbols is prescribed in Article 8 of the Law on entry, exit, transit and residence of foreigners in Vietnam. 2014. however, based on the request and other conditions that apply at the same time to be granted a temporary residence card.
The temporary residence card symbol in this case is applied similarly to the visa symbol: LV1, LV2, LS, DT1, DT2, DT3, NN1, NN2, DH, PV1, LD1, LD2, TT.
Conditions for issuance of temporary residence cards in general and for each specific case
• Foreigners who are granted temporary residence cards according to the Law on Entry, Exit and Residence of Foreigners in Vietnam)
• Foreigners whose passports are valid for more than 2 years.
• Must have a certificate of temporary residence at the commune or ward police station in accordance with regulations.
• Must be present in the territory of Vietnam for procedures
• Having all the documents required by law, especially the following cases:
+ Apply for a temporary residence card for a spouse/child: must have documents proving the relationship (marriage registration or marriage note; birth certificate or other document proving the human relationship, body, bloodline)
+ Apply for a temporary residence card for foreigners with a work permit: must have a work permit with a validity of more than 12 months. (Foreigners exempted from work permits must have a written confirmation that they are not eligible for work permits as prescribed by law)
+ Apply for a temporary residence card for investors: must have documents proving capital contribution, investment in enterprises in Vietnam (certificate of business registration, investment license ….)
The duration of a temporary residence card
The duration of the temporary residence card is the period of validity of the temporary residence card. The duration of the granted temporary residence card is suitable for the purpose of entry and at the request of the agency, organization or individual, and in principle “is valid from 1 year to 5 years but is less than the validity of the passport. 30 days at the most.” (Clause 4, Article 4, Circular 31/2015/TT-BCA), specifically:
– Temporary residence cards with symbols NG3, LV1, LV2, DT and DH are valid for no more than 5 years.
– Temporary residence cards with symbols NN1, NN2, TT are valid for no more than 03 years.
– Temporary residence cards with symbols LD and PV1 are valid for no more than 02 years.
Upon expiration, the temporary residence card will be considered for a new card. The regulation on the duration of the temporary residence card is meaningful in the management and identification with the permanent residence card in accordance with the law.
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Please see more
- Extension of temporary residence card for foreigner in Vietnam
- Service of applying temporary residence card for foreigner in Vietnam
- Proving separate property before marriage under Vietnam law
Frequently asked questions
Method 1: Carry out the procedure for making a temporary residence card yourself, if you have experience and time to carry out the procedure.
Method 2: Use the service of making temporary residence cards for foreigners at a reputable company, if you need to do it urgently, quickly make a temporary residence card. You do not have experience in processing documents, carrying out procedures, but want to be sure to get a temporary residence card result.
According to the Circular No. 219/2016/TT-BTC dated November 10, 2016 of the Ministry of Finance on stipulating the rate, collection, payment, management and use of fees and charges in the field of exit and entry , transiting or residing in Vietnam, the fee for granting temporary residence cards to foreigners is as follows:
• Issuance of temporary residence card with term from 01 year to 02 years: 145 USD/card
• Issuance of temporary residence card with term from 02 years to 05 years: 155 USD/card
There are two places with functional competence to issue temporary residence cards to foreigners, including the Immigration Department and the Immigration Department of Ho Chi Minh City.
Immigration Department of Ho Chi Minh City
• Address: 196 Nguyen Thi Minh Khai, Ward 6, District 3, Ho Chi Minh City
• Phone: (08).38.299.398 – Fax: (08).38.244.075
Vietnam Immigration Department in Ho Chi Minh City:
• Address: 337 VND. Nguyen Trai, Nguyen Cu Trinh Ward, District 1, Ho Chi Minh City
• Phone: 028 3920 1701
The Immigration Department only deals with difficult and unusual cases, and for ordinary cases of granting/changing temporary residence cards, the Immigration Department is the place to deal.
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