ADVICE ON TEMPORARY RESIDENCE CARDS FOR FOREIGNERS

ADVICE ON TEMPORARY RESIDENCE CARDS FOR FOREIGNERS

Legal basis for granting temporary residence cards to foreigners in Vietnam

Regulations on granting temporary residence cards are mainly stated in the following legal documents:

  1. Law on entry, exit, transit and residence for foreigners in Vietnam 2014;
  2. Law on entry, exit, transit and residence of foreigners in Vietnam amended in 2019;
  3. And now, individuals and organizations in need can read the consolidated document 27/VBHN-VPQH Law on entry, exit, transit and residence of foreigners in Vietnam 2019 to get regulations latest and most comprehensive.

Subjects applying for a temporary residence card

Clause 1, Article 36 of the Law on entry, exit, transit and residence for foreigners in Vietnam stipulates that subjects to be granted temporary residence cards include:

  1. Foreigners who are members of diplomatic missions, consular offices, representative offices of international organizations of the United Nations, intergovernmental organizations in Vietnam and their spouses, children under 18 years old, help with the term. The symbol of the temporary residence card in this case is NG3. For example, a member of the Japanese Embassy in Vietnam will be eligible for a temporary residence card in this case;
  2. Foreigners enter with visas with symbols LV1, LV2, LS, DT1, DT2, DT3, NN1, NN2, DH, PV1, LD1, LD2, TT.

Dossier of application for temporary residence card for foreigners

Dossier of application for a temporary residence card for foreigners may vary from case to case. Here are some common cases.

Dossier for making temporary residence card for foreigners with or without work permit

  •   Depending on the type of business, it is necessary to have a notarized photo (certified) of the business registration certificate or investment registration certificate or a certificate of operation of the representative office, branch, etc;
  •   A notarized (certified) copy of the foreigner’s work permit or work permit exemption certificate, valid for at least 12 months;
  •   Form NA6 for agencies: Attached Official Letter and Application for Temporary Residence Card for Foreigners;
  •   Fill out form NA8 to apply for a temporary residence card for foreigners;
  •   Form NA16 registers seal and signature samples for the first time at the Immigration Office;
  •   Original passport (Note that passport must be valid for at least 1 year, or 2 years if you want a 2-year visa, visa, temporary residence card. guarantor company to apply and must have the symbol LD or DN);
  •   Temporary residence book or certificate of temporary residence registration of foreigners, certified by the ward CA (if any) where the foreigner temporarily resides in Vietnam;
  •   02 photos 2cmx3cm;
  •   A letter of introduction for employees who are Vietnamese individuals to go through procedures to apply for a temporary residence card at the immigration agency.

Dossier for making temporary residence card for foreigners who are Vietnamese spouses

  •   A notarized (certified) copy of the marriage registration certificate in Vietnam or a photocopy of the consular legalization of the marriage note in Vietnam for cases of marriage registration abroad;
  •   Fill out form NA7, application for guarantee and grant of temporary residence card for foreigners;
  •   Fill out form NA8 to apply for a temporary residence card for foreigners;
  •   Bring original passport and Visa (Note: Visa entry to Vietnam must be for the right purpose and passport must be valid for at least 13 months);
  •   02 photos 2cmx3cm;
  •   A notarized copy of the Vietnamese household registration book of the spouse who is a Vietnamese citizen;
  •   Notarized copy of People’s Identity Card or Citizen’s Identity Card of the Spouse who is Vietnamese.

For foreigners whose parents are Vietnamese, dossiers include:

  •   Documents proving that the father/mother is Vietnamese or the birth certificate;
  •   Fill out form NA7, application for guarantee and grant of temporary residence card for foreigners;
  •   Fill out form NA8 to apply for a temporary residence card for foreigners;
  •   Bring original passport and Visa (Note: Visa entry to Vietnam must be for the right purpose and passport must be valid for at least 13 months);
  •   02 photos 2cmx3cm;
  •   A notarized copy of the Vietnamese household registration book of the father/mother who is a Vietnamese citizen;
  •   Notarized copy of People’s Identity Card or Citizen’s Identity Card of Father/Mother who is Vietnamese.

A dossier of a foreign investor in Vietnam includes:

  •   A notarized copy of the business registration certificate, the investment certificate, which details, clearly and fully the capital contribution of the foreign investor;
  •   A certificate of seal sample registration or a written notice on the issue of posting information about the company’s seal sample on the national business registration portal;
  •   The certificate of seal sample registration or the written notice on the publication of information about the enterprise’s seal sample on the national portal on enterprise registration;
  •   Form NA6 for agencies: Attached letter and Application for temporary residence card for foreigners;
  •   Fill out form NA8 to apply for a temporary residence card for foreigners;
  •   Form NA16 registers seal and signature samples for the first time at the Immigration Office;
  •   A letter of introduction for employees who are Vietnamese citizens to go through procedures to apply for a temporary residence card at the immigration agency;
  •   Bring original passport and Visa (Note: Visa entry to Vietnam must be for the right purpose and passport must be valid for at least 13 months);
  •   Temporary residence book or certificate of temporary residence registration of foreigners which is certified by the CA of the ward (CA) where the foreigner temporarily resides in Vietnam;
  •   02 photos 2cmx3cm.

Procedures for applying for a temporary residence card for foreigners

Customers wishing to apply for a temporary residence card for foreigners, after only preparing all the documents, will follow the following steps:

Step 1: Submit your application

After preparing all required documents, the person wishing to apply for a temporary residence card must go to the Immigration Department of the Ministry of Public Security or the Immigration Department of the police station of the province or city where the foreigner resides. outside of residence to submit the application.

The Immigration Department has three main offices at the following locations:

  •   No. 44-46 Tran Phu, Ba Dinh, Hanoi if applying for a temporary residence card in Hanoi;
  •   No. 254 Nguyen Trai, District 1, Ho Chi Minh City, if applying for a temporary residence card in Ho Chi Minh City. Ho Chi Minh;
  •   No. 7 Tran Quy Cap, Da Nang City if applying for a temporary residence card in Da Nang. After the application is checked, the Immigration Department will issue a receipt (Form NB7) to the applicant.

Step 2: Process the file

If the application is not eligible, the application-receiving officer will guide the applicant to complete it. You need to prepare additional documents and return to the office of the Immigration Department to resubmit.

Time to submit documents to apply for a temporary residence card is from Monday to Saturday morning (except holidays, New Year and Sunday).

Step 3: Return the result

On the appointment date according to the appointment letter, you bring a receipt, identity card/citizen identity card or passport to present to the officer returning the inspection results and comparison.

If there is a result of granting a temporary residence card, you will pay the fee, then sign and receive the result (whether or not a temporary residence card is issued).

Time to return results: from Monday to Friday every week (except New Year’s Day, Public Holiday and Saturday, Sunday).

The duration of a temporary residence card

Each type of temporary residence card with different symbols will be considered by the Immigration Department and granted a different term. Article 38 of the consolidated document No. 27 Law on entry, exit, transit and residence of foreigners in Vietnam 2019 has regulations on the maximum duration of each type of temporary residence card as follows:

  1. Symbol DT1 – the duration of the temporary residence card is not more than 10 years;
  2. Symbols NG3, LV1, LV2, LS, DT2 and DH – the duration of the temporary residence card is not more than 05 years;
  3. Symbols NN1, NN2, DT3, TT – temporary residence card validity is not more than 03 years;
  4. Symbols LD1, LD2 and PV1 – the temporary residence card is valid for no more than 02 years.

Note: The duration of the temporary residence card will be at least 30 days shorter than the remaining validity of the passport. Therefore, before requesting the immigration authority to issue a temporary residence card, the guaranteeing individual or organization should pay attention to check the expiry date of the foreigner’s passport to ensure that the card is issued with the maximum duration.

For example, the expiry date of a foreigner’s passport is October 25, 2023, the maximum duration of a temporary residence card is September 25, 2023.

Types of forms for making temporary residence cards

The following are the forms that individuals, organizations and foreigners need to know in their application for temporary residence card:

  1. Form NA8: Declaration for making temporary residence cards for foreigners (form to be filled out and signed by a foreigner);
  2. Form NA6: Dispatch requesting temporary residence card (for guarantors);
  3. Form NA7: Guarantee application for temporary residence card (for individual guarantors).

These forms are issued together with Circular No. 04/2015/TT-BCA dated January 5, 2015.

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Lawyer Dung Le (Elena)

CEO of Siglaw Law Firm

Lawyer Le Dung has more than 10 years of experience providing legal advice to investors from more than 10 countries such as the US, Singapore, Canada, Denmark, Japan, Korea, China…