PROCEDURES FOR REGISTERING FOREIGNERS’ ENTRY AND TEMPORARY RESIDENCE IN VIETNAM

First, issuance of temporary residence certificate upon entry into Vietnam

Upon entry into Vietnam, foreigners will be issued a temporary residence certificate by the immigration control authorities. This is done by stamping the passport or the visa (if the visa is separate) with the duration specified under Clause 1, Article 31 of the Law on Entry, Exit, Transit, and Residence of Foreigners in Vietnam, as follows:

“1. The immigration unit shall issue temporary residence permits to foreigners by appending a seal in their passports or separate visas with the following time limits:

a) The duration of the certificate of temporary residence is the same as the duration of the visa. If the duration of the visa is not longer than 15 days, the duration of the temporary residence permit shall be 15 days. If the visa symbol is ĐT or LĐ, the duration of the temporary residence permit shall not exceed 12 months, and the issuance of a temporary residence card shall be considered;

b) For the persons granted visa-free entry under international agreements to which Vietnam is a signatory, the duration of temporary residence permit shall comply with such international agreements, or shall be 30 days if it is not specified by the international agreements;

c) For the persons visa-free entry to a checkpoint economic zones, the duration of temporary residence permit shall be 15 days, and 30 days for those granted visa-free entry to special administrative - economic units.

d) The duration of temporary residence permits issued to nationals of the countries to which Vietnam grant visa-free entry shall be 15 days;

dd) Temporary residence permits shall not be issued to foreigners who have unexpired permanent residence cards or temporary residence cards.”

Accordingly, upon entry, foreigners will have their temporary residence period in Vietnam determined based on their actual circumstances. The duration of the temporary residence certificate depends on the type of visa the foreigner has entered Vietnam with, such as DL, DN1, DN2, NG, DH, LV, HN, PV, VR, TT, LĐ1, LĐ2, ĐT1, ĐT2, ĐT3, ĐT4, SQ, etc. The temporary residence period granted will not exceed the validity of the visa.

Note that according to regulations, the temporary residence period is valid for the duration specified in the residence certificate issued. This period can be canceled or shortened by the immigration authorities if the foreigner violates Vietnamese law.

2. Temporary residence declaration:

Foreigners must report their temporary residence to the local police station (commune, ward, town) or the police station where they are staying within 24 hours of arriving at their place of residence. This must be done through the accommodation establishment, such as hotels, guesthouses, housing for foreigners working, studying, or training, medical facilities, private residences, or other accommodation facilities.

3. Issuance of temporary residence cards:

Foreigners entering Vietnam with visas marked LV1, LV2, LS, DT1, DT2, DT3, NN1, NN2, DH, PV1, LĐ1, LĐ2, TT are eligible to apply for a temporary residence card in Vietnam, corresponding to the validity period of their visa.

4. Procedure for applying for a temporary residence card:

For your situation, the procedure is as follows:

Step 1: Prepare the Documents

The foreigner must apply through the inviting or sponsoring organization at the Immigration Department or Immigration Office of the provincial or municipal police where the inviting or sponsoring organization is located.

- Request letter from the inviting or sponsoring organization or individual.

- Temporary residence card application form with a photo.

- Passport.

- Forms NA6 and NA8 as issued with Circular 31/2015/TT-BCA.

Step 2: Submit the Application

The inviting or sponsoring organization should submit the application for the temporary residence card to the immigration authority where the organization is located.

Step 3: Issuance of Temporary Residence Card

Within 5 working days from the date of receiving a complete application, the immigration authority or the competent authority of the Ministry of Foreign Affairs will review and issue the temporary residence card.

Legal References:

- Articles 32, 33 of the Law on Immigration, Exit, Transit, and Residence of Foreigners in Vietnam (2014), as amended in 2019.

- Article 37 of the Law on Immigration, Exit, Transit, and Residence of Foreigners in Vietnam (2014), as amended in 2019.

Lawyer Nguyễn Thuý Hằng – FDVN Lawyer

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