In the era of globalization today, choosing to work and study abroad is not a strange thing. And Vietnam has been attracting more and more foreigners to live, work and study thanks to its potential. From a legal perspective, a temporary residence card for foreigners is a required document when a citizen of another country wants to come to Vietnam to work or study for a long time.
Temporary residence card for foreigners means a document issued by an immigration authority or a competent authority of the Ministry of Foreign Affairs to a foreigner who is permitted to reside for a definite period in Vietnam and is valid for a visa. (According to Article 3 of the Law on Entry, exit, transit, and residence of foreigners in Vietnam issued on June 16, 2014). The value and benefits of the temporary residence card are extremely important.
Firstly , a residence card guarantees legal residence under Vietnamese law.
Secondly, the residence card acts as a visa to help foreigners enter and exit many times.
Thirdly, residence card is exempt from visa upon exit and entry within the term of the card.
In summary, the residence card replaces a visa, however, making the residence card saves time, effort, and cost because foreigners do not need to go to extend as the Vietnam visa. Simultaneously, it also minimizes the risks in the process of moving as well as the discomfort and hassle of handling. In this article, the conditions, documents, and procedures to apply for the temporary residence card for foreigners in Vietnam shall be analyzed and relevant issues might be discussed as well.
I. Conditions for obtaining the temporary residence cards
The temporary residence cards will be issued in the following cases:
- Foreigners being members of a diplomatic mission, consulate, representative agency of an international organization affiliated with the United Nations, or inter-governmental organization in Vietnam and their accompanying spouse and/or child/children under 18 years of age and their helpers for their term [of office].
II. Procedures for issuance of temporary residence card
1. An application for the temporary residence card consists of:
- A written request from the inviting entity;
- A declaration bearing a picture;
- The passport;
- Documents proving that the applicant falls within the cases in which the temporary residence cards will be issued.
2. An application for a temporary residence card shall be processed as follows:
- The diplomatic mission, consular office, or another agency authorized by the foreigner in Vietnam shall send the application for the NG3 temporary residence card to a competent authority of the Ministry of Foreign Affairs.
- The agency, organization or individual inviting or sponsoring [the foreigner] directly lodges the application for issuance of a temporary residence card for the foreign applicant falling within the cases prescribed in article 36.1(v) of Law entry, exit, transit, and residence of foreigners in Vietnam amended and supplemented in 2019 with the agency for management of immigration in the locality where such agency or organization providing the invitation or sponsorship has its headquarters or in the locality where the individual providing the invitation or sponsorship resides.
- 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.
III. Duration of temporary residence card
Depending on the entity and the purpose of entry, a temporary residence card will have different duration, specifically:
- The duration of a temporary residence card shall be at least 30 days shorter than the residual term of the passport.
- The duration of a temporary residence card with the symbol DT1 is no longer than 10 years.
- The duration of a temporary residence card with the symbol NG3, LV1, LV2, LS, DT2 or DH is no longer than 5 years.
- The duration of a temporary residence card with the symbol NN1, NN2, DDT3 or TT is no longer than 3 years.
- The duration of a temporary residence card with the symbol LD1, LD2 or PV1 is no longer than 2 years.
A temporary residence cards which have expired shall be considered for re-issuance.
Clause 1, Article 36 of the Law on Entry, exit, transit, and residence of foreigners in Vietnam
Clause 1, Article 37 of the Law on Entry, exit, transit, and residence of foreigners in Vietnam
Clause 2, Article 37 of the Law on Entry, exit, transit, and residence of foreigners in Vietnam
Article 38 of the Law on Entry, exit, transit, and residence of foreigners in Vietnam