1. What is a temporary residence card for foreigners?
According to Clause 13 Article 3 of the Law on entry, exit, transit and residence of foreigners in Vietnam 2014, it is stipulated:
“A temporary residence card is a document issued by an immigration authority or a competent agency of the Ministry of Foreign Affairs to a foreigner who is allowed to reside in Vietnam for a definite period and is valid in lieu of a visa.”
2. Cases of issuance of temporary residence cards to foreigners
According to the provisions of Law 51/2019/QH14 amending and supplementing a number of articles of the Law on entry, exit, transit and residence of foreigners in Vietnam, Vietnam temporary residence cards are issued to the following 14 subjects:
● NG3: Foreigners who are members of diplomatic missions, consular offices, representative offices of international organizations under the United Nations, intergovernmental organizations in Vietnam and their spouses, children under 18 years old, maids accompanying them – Valid for 5 years;
● LV1: Foreigners working with departments, agencies and units under the Central Committee of the Communist Party of Vietnam; The National Assembly, the Government, the Central Committee of the Vietnam Fatherland Front, the Supreme People’s Court, the Supreme People’s Procuracy, the State Audit, ministries, ministerial-level agencies and agencies attached to the Government; Provincial Party Committees, Party Committees, People’s Councils, People’s Committees of provinces and centrally-run cities – Valid for 5 years;
● LV2: Foreigners working with socio-political organizations, social organizations, Vietnam Chamber of Commerce and Industry – Valid for 5 years;
● LS: Foreign lawyer practicing in Vietnam – Valid for 5 years;
● DT1: Foreign investors in Vietnam and representatives of foreign organizations investing in Vietnam with contributed capital of VND 100 billion or more or investing in industries and trades preferential for investment and geographical areas decided by the Government – Valid for 10 years;
● DT2: Foreign investors in Vietnam and representatives of foreign organizations investing in Vietnam with contributed capital worth from VND 50 billion to less than VND 100 billion or investing in industries and trades encouraged for development investment decided by the Government – Valid for 5 years;
● DT3: Foreign investors in Vietnam and representatives of foreign organizations investing in Vietnam with contributed capital from VND 03 billion to less than VND 50 billion – Valid for 3 years;
● NN1: Foreigner is the head of representative offices, projects of international organizations or foreign non-governmental organizations in Vietnam – Valid for 3 years;
● NN2: Foreigners heading representative offices, branches of foreign traders, representative offices of foreign economic, cultural and other professional organizations in Vietnam – Valid for 3 years;
● DH: Foreigners entering internship and study – Valid for 5 years;
● Reporter and foreign press resident in Vietnam – Valid for 2 years;
● LD1: Foreigners working in Vietnam who certify that they are not eligible for work permits, unless otherwise provided for in treaties to which Vietnam is a contracting party – Valid for 2 years;
● LD2: Foreigners working in Vietnam are required to have a work permit – Valid for 2 years;
● TT: Foreigners who are spouses, children under 18 years old of foreigners who are granted visas marked LV1, LV2, LS, DT1, DT2, DT3, NN1, NN2, DH, PV1, LĐ1, LĐ2 or foreigners who are fathers, mothers, spouses, children of Vietnamese citizens – Valid for 3 years.
3. Dossier of issuance of temporary residence card for foreigners
● Notarized copy of Business Registration License, or Investment License, or Operation License of VPDD, branches, … depending on the type of business;
● Seal sample registration certificate or Written notice of posting information about the enterprise’s seal sample on the national business registration portal.
● Notarized copy of work permit or work permit exemption certificate of foreign worker valid for at least 12 months.
● Registration of first seal and signature form at XNC Agency (Form NA16)
● Letter and application for temporary residence card for foreigners (Form NA6)
● Declaration of application for temporary residence card for foreigners (Form NA8)
● A referral letter for Vietnamese employees to apply for a temporary residence card at the Immigration Office.
● Original passport (valid for at least 1 year, or 2 years if you want to apply for a 2-year temporary residence card. Passport with a visa for the right purpose, with the symbol of the labor or enterprise guaranteed by the company itself to apply);
● Certificate of temporary residence registration or temporary residence registration book of foreigners certified by the police of the ward or commune where the foreigner is temporarily residing in Vietnam (if any).
● 02 photos 2cmx3cm
4. Procedures for issuance of temporary residence cards to foreigners
The procedures for issuance of temporary residence cards are as follows:
● Diplomatic missions, consular offices or other authorized foreign agencies in Vietnam shall send dossiers of application for temporary residence card symbol NG3 at competent offices of the Ministry of Foreign Affairs;
● Agencies, organizations and individuals inviting or sponsoring directly submit dossiers of application for temporary residence cards to foreigners in case 2 at the immigration management office where the inviting agency or organization or guarantor is located or where the individual invites or guarantees residence;
● Within 05 working days from the date of receipt of complete documents, the immigration authority or the competent agency of the Ministry of Foreign Affairs shall consider issuing a temporary residence card.
(Clause 2, Article 37 of the Law on entry, exit, transit and residence of foreigners in Vietnam 2014, amended by Point b, Clause 5, Article 1 of the Law on entry, exit, transit and residence of foreigners in Vietnam amended in 2019)
Procedures for making a temporary residence card in special cases
Special cases of temporary residence card issuance such as: Renewing temporary residence card when expired, Losing temporary residence card, Changing passport number,…
● Temporary residence card extension
▪ Do so when the temporary residence card expires. In fact, the Immigration Department will revoke the old temporary residence card and issue the country a new temporary residence card.
▪ The application is similar to the first issuance of a temporary residence card, accompanied by the original expired temporary residence card.
▪ The reasonable time to renew the temporary residence card is about 7 days before it expires.
● Reissuance of temporary residence card
▪ Lost temporary residence card
▪ Damaged temporary residence card
▪ Change the information on the temporary residence card. That’s when foreigners lose their passports, then make new ones.
A dossier for reissuance of a temporary residence card includes:
▪ Original passport
▪ 02 photos 2×3
▪ Declaration of temporary residence in Vietnam
▪ Temporary residence card issued, original. If lost, a certificate from the police of the commune where the foreigner temporarily resides.
▪ Proof of being issued a temporary residence card
▪ Forms NA7 and NA8: Certified by the police of the commune where the sponsor resides.
▪ Or forms NA6 and NA8: Certified by the guarantor organization or company
5. Duration of temporary residence card
● The validity of the temporary residence card issued is at least 30 days shorter than the remaining validity of the passport.
● The temporary residence card with the symbol DT1 is valid for no more than 10 years.
● Temporary residence cards with symbols NG3, LV1, LV2, LS, DT2 and DH are valid for not more than 05 years.
● Temporary residence cards with symbols NN1, NN2, DT3, TT are valid for not more than 03 years.
● Temporary residence cards with symbols LĐ1, LĐ2 and PV1 are valid for not more than 02 years.
● Expired temporary residence cards are considered for new cards.
(Article 38 of the Law on entry, exit, transit and residence of foreigners in Vietnam 2014, amended by Clause 16 Article 1 of the Law on entry, exit, transit and residence of foreigners in Vietnam amended in 2019)
6. Temporary residence card service for foreigners at KALF
Temporary residence card service for foreigners at KALF is one of the legal fields that KALF specializes in providing. This involves assisting and representing foreigners in the process of applying for a temporary residence card, providing information, advising on regulations and requirements for issuing a temporary residence card in the country where the client wishes to reside temporarily or work. Comprise:
● Legal advice: Provide information on available temporary residence cards, conditions and requirements.
● Application support: Help foreigners collect and prepare necessary documents to apply for a temporary residence card, ensuring that the dossier fully meets the requirements of the authorities.
● Representative applying for temporary residence card: Representing and submitting applications for temporary residence cards for foreigners at authorities or embassies.
● Track progress: Monitor and report the progress of applying for temporary residence cards to customers, and deal with any additional problems or requests from authorities.
● Advice on card renewal: Assist in extending the duration of the temporary residence card when necessary.
● Emergency Counseling: Provide guidance and advice in case foreigners encounter problems or emergency situations related to temporary residence cards.
This service helps customers obtain a temporary residence card easily and ensures compliance with legal regulations in the country where they want to temporarily reside or work.
7. Frequently Asked Questions
Fees for issuance of temporary residence cards for foreigners and processing time?
According to Circular No. 219/2016/TT-BTC dated November 10, 11 of the Minister of Finance, the fee for issuing a temporary residence card is as follows:
● Temporary residence card valid from 01 year to 02 years: 145 USD / card
● Temporary residence card valid for more than 02 years to 05 years: 155 USD / card.
● Temporary residence card valid from more than 05 years to 10 years: 165 USD/card.
The time to make a temporary residence card for foreigners at the Immigration Department is 5 working days from the date of receipt of complete and valid documents.
How long is a temporary residence card valid for foreigners?
According to the provisions of the new Immigration Law, the duration of the temporary residence card depends on the type of temporary residence card. The temporary residence card for investors is valid for up to 10 years, depending on the value of investment/capital contribution. The maximum validity of the temporary residence card is 2 years, the maximum duration of the temporary residence card is 3 years. However, the validity of the temporary residence card issued is at least 30 days shorter than the remaining validity of the passport.
Can a temporary residence card be converted into a residence card?
In some cases, a temporary residence card can be converted into a residence card if you meet the country’s specific requirements.
Note that regulations and procedures regarding temporary residence cards may vary by country, so you should do your research before applying for a temporary residence card.
During the research process, if you have any questions, please contact us through the following information:
K & ASSOCIATES LAW FIRM
Address : 4th Floor, No. 05 Nguyen Thi Nhung, Van Phuc Urban Area, Thu Duc City, HCMC.
Email : info@k-associates.vn
Phone: (+84) 338747705 (Zalo, facebook, viber, Instagram)
Hotline. : (+84) 937298177
