How does the Immigration Department of Vietnam manage the residence of foreigners?

Posted date: 03/04/2020

LEGAL BASIS:

Law on entry, exit, transit and resident of foreigners in Vietnam 2014.
Decree No. 07/2017/NĐ-CP on processes and procedures for pilot issuance electronic visa to foreigners entering Vietnam.
Decree No. 17/2019/NĐ-CP on amendments to the governemtn’s Decree No. 07/2017/NĐ-CP dated on January 25, 2017 prescribing processes and procedures for pilot issuance electronic visa to foreigners entering Vietnam.
Circular No. 04/2015/TT-BCA dated on January 05, 2015 on specimen papers concerning foreigners entering, leaving and residing in Vietnam.
Circular No. 31/2015/TT-BCA dated in July 06, 2015 on guilding on issuance of visas, temporary resident card, entry/exit permit, and granting permenant resident status for foreigners in Vietnam.
Circular No. 219/2016/TT-BTC dated on November 10, 2016 on collection, regime of collection, management and use of fees and charges in entry, exit, transit and resident in Vietnam.
Circular No. 53/2016/TT-BCA on the declaration and acknowledgement of information on temporary residency of foreigners in Vietnam.

2. Temporary residence:

1.1. Temporary residence card:

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:

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;
For the persons granted visa-free entry under international agreements to which Vietnam is a signatory, the duration of a temporary residence permit shall comply with such international agreements, or shall be 30 days if it is not specified by the international agreements;
For the persons' visa-free entry to a checkpoint economic zones, the duration of a temporary residence permit shall be 15 days, and 30 days for those granted visa-free entry to special administrative-economic units.
The duration of temporary residence permits issued to nationals of the countries to which Vietnam grant visa-free entry shall be 15 days;
Temporary residence permits shall not be issued to foreigners who have unexpired permanent residence cards or temporary residence cards.

Foreigners may temporarily reside in Vietnam throughout the duration of the temporary residence permit issued.
The time limit for temporary residence may be shortened or invalidated by the immigration authority when the foreigner violates Vietnam’s law.

1.2. Declaration of temporary residence:

2.1. Declaration and acknowledgement of information on temporary residency of foreigners on the website:

Step 1: Registering a declaration account on the website of the management agency where temporary residence establishments:

Declarant of temporary residency shall access the website and input the name, type, address, telephone number and email address of the accommodation establishment and the declarant’s name, date of birth, telephone number, ID card number or citizenship identity card number or passport number to obtain a declaration account.
Changes to the information concerning the declaration account shall be updated promptly on the website.

Step 2: Declaration of temporary residence:

Declarant of temporary residency shall access the website and log on the declaration account to declare the information on temporary residency immediately upon the foreigner’s registration of temporary residency.
The declared information on temporary residency includes the foreigner’s full name, gender, date of birth, nationality, passport number or equivalent paper, and expected duration of temporary residency.

The declarant shall examine and revise the information before saving it. In addition, the declarant shall check the section of temporary residency information management to confirm the system’s acknowledgement and re-input the information that is yet acknowledged.

Step 3: Acknowledgement of information on temporary residency:

The immigration office of the provincial police department shall acknowledge the information on foreigners' temporary residency declared on the website on 24/7 basis and notify border guard stations in border areas where foreigners reside temporarily in local accommodation establishments.

Declaration and acknowledgement of information on temporary residency of foreigners declared via temporary residency declaration form:

Step 1: Completion and submission of temporary residency declaration form

Declarant of temporary residency shall contact the officer on duty in the police station of the relevant commune, ward to obtain Form No. NA17 for temporary residency declaration, which is annexed to the Circular No. 04/2015/TT-BCA.

Declarant of temporary residency shall fill in and submit the form by hand to the officer on duty of the communal police of the locality where the accommodation establishment is located in 12 hours or, if the locality is remote, in 24 hours upon the foreigner’s registration of temporary residency.
The form may be faxed or information may be furnished on phone to the officer on duty of the communal police before the form is submitted by the deadline defined

Step 2: Acknowledgement of temporary residency declaration form:

The officer on duty of the communal police shall acknowledge information of foreigners’ temporary residency declared via the form on a 24/7 basis.
The officer on duty of the communal police shall examine the form, request immediate supplements to the missing information, confirm and photocopy the form or write the information acknowledged into the duty logbook then return the form to the declarant. In addition, a notification shall be sent to the border guard station in the border area where the foreigner temporarily resides in a local accommodation establishment.

2.2. Issuing temporary residence cards:

Cases in which temporary residence cards are issued and symbols of temporary residence cards:

Foreigners being members of diplomatic missions, consular offices, representative offices of international organizations of the UN, intergovernmental organizations in Vietnam, their spouses, children under 18 years of age, and housemaid that go along during their term of office shall be issued with temporary residence cards with the symbol NG3.

Foreigners issued with LV1, LV2, ĐT, NN1, NN2, DH, PV1, LĐ, TT visas shall be issued with temporary residence cards with the same symbols.

Procedures for issuance of a temporary residence card:

Step 1: The application consists of

A written request for issuance of temporary residence card according to NA6 form of Circular No. 04/2015 / TT-BCA or application form for issuance of temporary residence card according to NA7 form of Circular No. 04/2015 / TT-BCA.
An application form for temporary residence card using form NA8 issued together with the Circular No.04/2015/TT-BCA with photo 2x3.
The passport.
Papers proving cases in which temporary residence cards are issued
Written guarantees entry
Two 2x3 photos (for pasting on temporary residence cards).

Step 2: Submit the application to the competent authority of the Ministry of Foreign Affairs or the immigration authority and pay the fee as prescribed:

Temporary residence card is valid for 1 to 2 years: 145 USD/card
Temporary residence card is valid for 2 to 5 years: 155 USD/card

Step 3: Within 05 working days from the receipt of sufficient documents, the immigration authority or the competent authority of the Ministry of Foreign Affairs shall consider issuing the temporary residence card.

Procedures for extension of temporary residence status:

Step 1: Preparing the file:

Application form for temporary residence extension according to the Circular No.04/2015/TT-BCA.
Passport.

Step 2: Submit the application to the competent authority of the Ministry of Foreign Affairs or the immigration authority and pay the fee as prescribed:

Temporary residence card is valid for 1 to 2 years: 145 USD/card
Temporary residence card is valid for 2 to 5 years: 155 USD/card

Duration of temporary residence card:

The duration of a temporary residence card is at least 30 days shorter than the remaining duration of the passport.
The duration of an NG3, LV1, LV2, ĐT or DH temporary residence card shall not exceed 05 years.
The duration of an NN1, NN2, TT temporary residence card shall not exceed 03 years.
The duration of an LĐ or PV1 temporary residence card shall not exceed 02 years.

2. Permanent residence:

Cases and conditions for the permanent residence status:

Foreigners who have contributed to the development and protection of Vietnam and are awarded medals or titles by Vietnam’s government.
Foreigners who are scientists or experts temporarily residing in Vietnam must be proposed by the Ministers, Heads of ministerial agencies or Governmental agencies in corresponding fields.
Any foreigner sponsored by his parent, spouse, or child who is a Vietnamese citizen and has a permanent residence in Vietnam, who have had a temporary residence in Vietnam for 03 consecutive years or more are determined on the basic entry and exit visa borne at the checkpoint within latest 4 years from the date on which the application for permanent residence is submitted.
Any person without nationalities who has had a temporary residence in Vietnam from 2000 or earlier.
Foreigners are considered for permanent residence if they have a legal residence and a stable income to ensure life in Vietnam.

Processes, procedures for issuing a permanent residence card:

Step 1: The application consists of:

A written request permanent residence status according to the NA12 form of Circular 04/2015 / TT-BCA;
A criminal record issued by a competent authority of the country of which the applicant is a citizen;
A diplomatic note from a diplomatic mission of the country, of which the applicant is a citizen, requesting grant of permanent residence status to the applicant;
Certified true copy of the passport;
Papers proving eligible to consider requirements for permanent residence.
A note of sponsorship applied to the foreigner sponsored by his parent, spouse, or child who is a Vietnamese citizen and has a permanent residence in Vietnam, according to the NA11 form of Circular 04/2015 / TT-BCA

Step 2: Submit application at the Immigration Administration Department:

Submit application at Immigration Administration Department for:

Foreigners who have contributed to the development and protection of Vietnam and are awarded medals or titles by Vietnam’s government.
Foreigners who are scientists or experts temporarily residing in Vietnam.

Submit application at Division of immigration administration of police authority of the province:

Any foreigner sponsored by his parent, spouse, or child who is a Vietnamese citizen and has a permanent residence in Vietnam.
Any person without nationalities who has had a temporary residence in Vietnam from 2000 or earlier.

Time to solve: Within 04 months from the receipt of sufficient documents, the Minister of Public Security shall consider granting the permanent residence status; if further investigation is deem necessary, the deadline may be extended for up to 02 months.
3: Receive a notice of resolution:
The immigration authority shall send a written notification of the result to the applicant and the police authority of the province where the foreigner wishes to have a permanent residence.
Within 05 working days from the receipt of the notification from the immigration authority, the police authority of the province shall notify the foreigner of the grant of permanent residence status.
Within 03 months from the receipt of the notification of the grant of permanent residence status, the foreigner must go to the immigration authority affiliated to the provincial police department to receive the permanent residence card.

Procedures for issuance of permanent residence cards to people without nationalities:

The application consists of:

A written request for grant of permanent residence status according to the NA12 form of Circular 04/2015 / TT-BCA;
Papers proving that he/she has had a temporary residence in Vietnam before 2000 including certification of temporary residence; temporary residence register; description of the duration of temporary residence in Vietnam certified by the police authority of commune/ward/ town where the applicant (without nationality) temporarily resides.

Place of application reception: Division of immigration administration of police authority of the province.

Time for consideration: The same to the case of issuance new permanent resident card.

Procedures for replacement, re-issuance of permanent residence cards:

Permanent residence cards out of date:

Every 10 years, every foreigner who has a permanent residence status must go to a provincial police authority to replace the permanent residence card.

The application consists of:

An application form for replacement of the permanent residence card according to the NA13 form of Circular 04/2015 / TT-BCA;
The permanent residence card;
A certified true copy of the passport, except for those without nationalities.

Permanent residence card is lost or, damaged, or its contents are changed:

If permanent residence card is lost or, damaged, or its contents are changed, its holder must follow the procedures for re-issuance of the card at the police authority of the province where he/she has the permanent residence.

The application consists of:

An application form for re-issuance of the permanent residence card according to the NA13 form of Circular 04/2015 / TT-BCA;
The permanent residence card (or a report on the loss of the card);
A certified true copy of the passport, except for those without nationalities;
Papers proving the changes to the contents of the permanent residence card.

Time for consideration: Within 20 days from the day on which sufficient documents are received, the police authority of the province shall reissue the card.

Fees for the issuance of permanent residence cards: 100 USD/card

Legal advisor: Thuy Vy – 0905.045.915

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