Can foreigners who already have a temporary residence card sponsor their siblings to come to Vietnam for family visits?
- Under what circumstances will the temporary residence card be issued and how long will the prescribed temporary residence card expire in Vietnam?
- Can foreigners who already have a temporary residence card sponsor their siblings to come to Vietnam for family visits?
- What are the obligations of foreigners entering, exiting or residing in Vietnam?
Under what circumstances will the temporary residence card be issued and how long will the prescribed temporary residence card expire in Vietnam?
Pursuant to Article 36 of the Law on Entry, Exit, Transit and Residence of Foreigners in Vietnam 2014 as amended by Clause 14 Article 1 of the Law on Entry, Exit, Transit and Residence of foreigners in Vietnam amended in 2019 provides for the following cases where temporary residence cards are issued:
Article 36. Cases of issuance of temporary resident cards and symbols thereof
1. Cases of issuance of temporary resident cards include:
a) Foreigners who are members of diplomatic missions, consular missions, representative offices of international organizations affiliated to United Nation, intergovernmental organizations in Vietnam and spouses, children under 18 years of age and helpers accompanying on missions;
b) Foreigners making entry on LV1, LV2, LS, DT1, DT2, DT3, NN1, NN2, DH, PV1, LD1, LD2 and TT visas.
2. Temporary resident cards shall be granted symbols as follows:
a) Temporary resident cards for individuals specified in Point a Clause 1 of this Article shall be granted NG3;
b) Temporary residence cards for individuals specified in Point b Clause 1 of this Article shall be granted symbols similar to visa symbols.
At the same time, according to Article 38 of the Law on Entry, Exit, Transit and Residence of foreigners in Vietnam 2014 as amended by Clause 16, Article 1 of the Law on Entry, Exit, Transit and Residence of foreigners in Vietnam amended in 2019, the term of temporary residence cards is as follows:
Article 38. Validity of temporary resident card
1. Validity of issued temporary resident cards shall be at least 30 days shorter than remaining validity of passports.
2. Validity of DT1 temporary residence cards does not exceed 10 years.
3. Validity of NG3, LV1, LV2, LS, DT2 and DH temporary residence cards do not exceed 5 years.
4. Validity of NN1, NN2, DT3 and TT temporary residence cards do not exceed 3 years.
5. Validity of LD1, LD2 and PV1 temporary residence cards do not exceed 2 years.
6. An expired temporary resident card shall be considered for issuance anew.”
Thus, the issuance of temporary residence cards is for those who are members of diplomatic missions, consular offices, representative offices of international organizations under the United Nations, intergovernmental organizations in Vietnam and spouses, children under 18 years old, maids traveling for the same term.
Or foreigners entering the country on a visa with the symbols LV1, LV2, LS, DT1, DT2, DT3, NN1, NN2, DH, PV1, LĐ1, LĐ2, TT.
Can foreigners who already have a temporary residence card sponsor their siblings to come to Vietnam for family visits?
Can foreigners who already have a temporary residence card sponsor their siblings to come to Vietnam for family visits?
Article 44 of the Law on Entry, Exit, Transit and Residence of foreigners in Vietnam 2014 stipulates as follows:
Article 44. Rights and obligations of foreigners
1. Foreigners that enter, leave, transit through, or reside in Vietnam are entitled to:
a) Have the life, dignity, property, the lawful rights and interests protected in accordance with Vietnam’s Law while they are staying within the territory of Socialist Republic of Vietnam;
b) Every holder of a temporary residence card may sponsor his/her grandparents, parents, spouse, and children to visit Vietnam; for his/her spouse and children under 18 years of age to stay in Vietnam during the validity period of the temporary residence card if agreed by the organization that invites or sponsors the card holder.
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Thus, foreigners with temporary residence cards are only allowed to sponsor grandfathers, grandmothers, fathers, mothers, spouses and children to visit Vietnam; to sponsor spouses and children under 18 years old to stay with them during the temporary residence card period if agreed by the agency or organization inviting or sponsoring that person.
If implemented, it is only possible to sponsor the younger brother to enter Vietnam to work as a foreign worker (work visa).
What are the obligations of foreigners entering, exiting or residing in Vietnam?
According to Clause 2, Article 44 of the Law on Entry, Exit, Transit and Residence of foreigners in Vietnam 2014 stipulates as follows:
Article 44. Rights and obligations of foreigners
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2. Foreigners that enter, leave, transit through, or reside in Vietnam are obliged to:
a) Comply with Vietnam’s law; respect Vietnam’s traditions and customs;
b) Engaged in activities in Vietnam in accordance with the stated purpose of entry;
c) Carry passports, laissez-passers, papers related to residence in Vietnam while traveling, and present them to competent authorities on request;
d) When a foreigner who has a permanent residence in Vietnam leaves Vietnam to permanently reside in another country, he/she must return the permanent residence card to the immigration unit at the border checkpoint.
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