TEMPORARY RESIDENCE CARD IN VIETNAM

Navigating Vietnam's Temporary Residence Card, this article is a comprehensive guide for foreigners from Viet An Law – Firm based in Vietnam. In the current era of economic exchange and integrated development, the number of foreign workers in Vietnam has increased significantly. The relaxation of visa and residence regulations for foreigners has not only helped develop the economic capacity of our country but also attracted foreign investors to invest in Vietnam. According to the regulations of the Law on Entry, Exit, Transit, and Residence of Foreigners in Vietnam, they must be issued a temporary residence card to facilitate the management of their numbers and duration of stay in Vietnam.

What is a temporary residence card?

A temporary residence card is a document issued by the immigration management agency to foreigners who are allowed to reside for a certain period in Vietnam, which is valid in place of a visa. Temporary residence cards are only issued to foreigners who are issued according to regulations. Therefore, to carry out the procedure, the practitioner is required to prepare complete documents proving that the foreigner is eligible for a temporary residence card.

Legal basis for procedures for applying for temporary residence cards for foreigners in Vietnam

Regulated by the Law on Entry, Exit, Transit, and Residence of Foreigners in Vietnam in 2014, as amended and supplemented in 2019 and 2023, current regulations on the issuance of temporary residence cards are implemented according to the documents below:

• Circular 31/2015/TT-BCA guiding several contents on visa issuance, temporary residence card issuance, entry and exit permits, and permanent residence settlement for foreigners in Vietnam.
• Circular No. 04/2015/TT-BCA, dated January 5, 2015 of the Ministry of Public Security regulating document forms related to the entry, exit, and residence of foreigners in Vietnam, amended and supplemented by Circular 57/2020/TT-BCA.
• Circular 25/2021/TT-BTC, as amended and supplemented by Circular 62/2023/TT-BTC regulates the collection, payment, management, and use of state fees in the field of exit and entry, transit, and reside in Vietnam.
• Circular 57/2020/TT-BCA as amended by Circular 04/2015/TT-BCA regulating document forms related to the entry, exit, and residence of foreigners in Vietnam.
• Circular 22/2023/TT-BCA amends document templates attached to Circular 04/2015/TT-BCA regulating document templates related to the entry, exit, and residence of foreigners in Vietnam. Amended in Circular 57/2020/TT-BCA issued by the Minister of Public Security.

Entry conditions and visa symbols according to Vietnamese law

• Foreigners are allowed to enter the country when they meet the following conditions:

• Have a passport or valid international travel document and visa, except for visa exemption cases as prescribed by this Law.
• For foreigners entering the country under unilateral visa exemption, their passport must be valid for at least 6 months;
• Not in the case of not being allowed entry according to regulations.

• Foreigners entering the country with visas with symbols SQ, HN, DL, EV, VR, NG1, NG2, NG3, NG4, LV1, LV2, ĐT4, DN1, DN2, NN1, NN2, NN3, DH, PV1, PV2, TT, LD1, LD2, DT3, LS, DT1, DT2.

Meaning of temporary residence card visa symbols

• LV1 – Issued to people working with departments, agencies, and units directly under the Central Committee of the Communist Party of Vietnam; National Assembly, Government, Central Committee of Vietnam Fatherland Front, Supreme People's Court, Supreme People's Procuracy, State Audit, ministries, ministerial-level agencies, agencies under the Government; Provincial Party Committee, People's Council, People's Committee of provinces and centrally run cities;
• LV2 – Issued to people working with socio-political organizations, social organizations, and the Vietnam Chamber of Commerce and Industry;
• LS – Issued to foreign lawyers practicing in Vietnam;
• DT1 – Issued to foreign investors in Vietnam and representatives of foreign organizations investing in Vietnam with contributed capital worth VND 100 billion or more or investing in industries, occupations with investment incentives, and localities. The investment incentives table is decided by the Government;
  • DT2 – Issued to foreign investors in Vietnam and representatives of foreign organizations investing in Vietnam with capital contribution worth from 50 billion VND to under 100 billion VND or investing in industries and professions that encourage investment Development investment is decided by the Government;
  • DT3 – Issued to foreign investors in Vietnam and representatives of foreign organizations investing in Vietnam with contributed capital worth from 03 billion VND to less than 50 billion VND;
• NN1 – Issued to people who are Heads of representative offices or projects of international organizations and foreign non-governmental organizations in Vietnam;
• NN2 – Issued to heads of representative offices, branches of foreign traders, and representative offices of economic, cultural, and other foreign professional organizations in Vietnam;
• DH – Issued to people who practice and study;
• PV1 – Issued to reporters and press residing in Vietnam;
• LD1 – Issued to foreigners working in Vietnam who have confirmation that they are not subject to a work permit unless an international treaty to which Vietnam is a member has different provisions. DL - Issued to people traveling for tourism;
• LD2 – Issued to foreigners working in Vietnam who are required to have a work permit;
• NG3 – Issued to members of diplomatic missions, consular offices, representative agencies of international organizations under the United Nations, representative agencies of intergovernmental organizations, and spouses, and children under 18 years old, maid comes along on a term basis;
• TT – Issued to foreigners who are spouses, children under 18 years old of foreigners who are granted visas with symbols LV1, LV2, LS, DT1, DT2, DT3, NN1, NN2, DH, PV1, LD1, LD2 or foreigners are fathers, mothers, wives, husbands, and children of Vietnamese citizens.

Procedures for granting temporary residence cards for foreigners in Vietnam

Step 1: Submit an application for temporary residence card to the competent state agency

The inviting or sponsoring agency, organization, or individual applies for a temporary residence card to the competent agency of the Ministry of Foreign Affairs or the immigration management agency where the inviting or sponsoring agency or organization is located. headquarters or residence.

How to submit an application:

• Direct;
• Online;
• Postal services.

Step 2: Receive and process applications for temporary residence cards

The competent agency receives dossiers, checks legality, and dossier content:

• In case the application is not valid, the officer receiving the application shall guide the submitter to supplement the necessary documents;
• If the application is valid, receive the application, print and give a receipt, and set a date to return the results.

Executive time: No more than 05 days from receipt of complete documents.

Step 3: Return results

The person who comes to receive the results gives the receipt, ID card, or passport to the officer who returns the results for inspection and comparison. If there is a result of granting a temporary residence card, the fee is required to be paid then signed and received. Give the temporary residence card to the person who comes to receive the results (even if it is not processed).

Time to return results

From Monday to Friday every week (except Tet, holidays and Saturday, Sunday)

Requirements and conditions for being granted a temporary residence card

• Passport valid for 1 year or more.
• Documents proving that a foreigner's temporary residence card is valid for at least 1 year or more (eg: Work permit, etc.)

Documents required to apply for a temporary residence card in Vietnam

Application for temporary residence card for foreigners with work permits in Vietnam

• Official dispatch and application for temporary residence card for foreigners (Form NA6);
• Application form for temporary residence card for foreigners (Form NA8);
• Register seal and signature sample for the first time at the Immigration Office (Form NA16);
• Passport for foreigners applying for a temporary residence card;
• Certificate of operation of the enterprise employing foreign workers (Enterprise registration certificate, Investment license, Operation license of Representative Office, or branch... Depending on the enterprise and type of enterprise, there will be different types of documents);
• Seal sample registration certificate (if any);
• Certified copy of Certification of exemption for work permit obtained by foreign workers;
• Letter of introduction for Vietnamese employees to apply for a temporary residence card at the Immigration Department;
• Copy of temporary residence registration confirmation;
• 02 personal photos measuring 2cm x 3cm.

Application for temporary residence card for foreigners married to Vietnamese people

• Application for sponsorship and temporary residence card for foreigners (Form NA7) with confirmation from the commune/ward police;
• Application form for temporary residence card for foreigners (Form NA8);
• Passport for foreigners applying for a temporary residence card;
• Notarized copy of Marriage Registration Certificate in Vietnam or Consular legalized copy of Marriage Note in Vietnam in case of marriage registration abroad;
• Original passport and visa (passport valid for at least 13 months and visa to enter Vietnam for the correct purpose);
• 02 personal photos measuring 2cm x 3cm;
• Notarized copy of ID card of Vietnamese spouse;

Application for temporary residence card for foreigners who are investors in Vietnam

• Official dispatch and application for temporary residence card for foreigners (Form NA6);
• Application form for temporary residence card for foreigners (Form NA8);
• Register seal sample and signature for the first time at the Immigration Agency (Form NA16);
• Passport for foreigners applying for a temporary residence card;
• Notarized copy of Enterprise Registration Certificate, Investment Registration Certificate which clearly and detailedly shows the capital contribution of the foreign investor;
• Seal sample registration certificate (if any);
• Letter of introduction for Vietnamese employees to apply for a temporary residence card at the Immigration Department;
• Original passport and visa (passport valid for at least 13 months and visa to enter Vietnam for the correct purpose);
• Copy of temporary residence registration confirmation;
• 02 personal photos measuring 2cm x 3cm.

Authority to issue temporary residence cards to foreigners

• Diplomatic missions, consulates, or other authorized foreign agencies in Vietnam submit dossiers requesting the issuance of temporary residence cards with the symbol NG3 to the competent agency of the Ministry of Foreign Affairs;
• Agencies, organizations, and individuals invite and sponsor directly to submit applications for temporary residence cards to foreigners entering the country with visas with symbols LV1, LV2, LS, DT1, DT2, DT3, NN1, NN2, DH, PV1, LD1, LD2, TT at the immigration management agency where the inviting or sponsoring agency or organization is headquartered or where the inviting or sponsoring individual resides;
• Within 05 working days from the date of receiving complete documents, the immigration management agency or competent agency of the Ministry of Foreign Affairs will consider issuing a temporary residence card.

Fee for temporary residence card in Vietnam

According to STT 5 Part II Table of State fees issued together with Circular 25/2021/TT-BTC, the fees for granting temporary residence cards are prescribed as follows:

• Issuing a temporary residence card with a term of not more than 02 years: 145 USD/card;
• Issuance of temporary residence card with a term of over 02 years to 05 years: 155 USD/card;
• Issuing a temporary residence card with a term of over 5 to 10 years: 165 USD/card.

Temporary residence card validity

According to Article 38 of the Law on Entry, Exit, Transit, and Residence of Foreigners in Vietnam 2014, the validity of the temporary residence card issued is at least 30 days shorter than the remaining validity of the passport, specifically as follows:

• The temporary residence card with the symbol ĐT1 is valid for no more than 10 years.
• Temporary residence cards with symbols NG3, LV1, LV2, LS, DT2, and DH are valid for no more than 5 years.
• Temporary residence cards with symbols NN1, NN2, DT3, TT are valid for no more than 03 years.
• Temporary residence cards with symbols LD1, LD2 and PV1 are valid for no more than 02 years.

When the temporary residence card expires, a new card will be considered for issuance according to regulations.

Legal consulting services on temporary residence cards for foreigners from Viet An Law

• Consulting clients on legal regulations on temporary residence cards for foreigners;
• Consulting on conditions for foreign workers to be granted temporary residence cards;
• Instruct clients to prepare necessary papers and documents to apply for temporary residence cards for foreign workers;
• Translate, notarize, and consular legalize documents used for applying for a temporary residence card;
• Complete the application for a temporary residence card in Vietnam for h clients;
• On behalf of clients, perform comprehensive services on procedures for granting temporary residence cards at competent state agencies;
• In addition to the above contents, Viet An Law Firm also supports clients in consulting on legal regulations related to procedures for granting temporary residence cards to foreigners: consulting on procedures for granting work permits; procedures to confirm that workers are not subject to work permits, visa application procedures in Vietnam.
• Other legal services upon client request.

Above is all the information about temporary residence cards for foreigners. Clients who have related questions or need legal support regarding temporary residence cards, please contact Viet An Law for the best support!

TEMPORARY RESIDENCE CARD RELATED