From August 15, 2023: Will a national benefiting from unilateral visa-free entry treatment of Vietnam have his/her temporary residence period increased from 15 days to 45 days?
- From August 15, 2023: Will a national benefiting from unilateral visa-free entry treatment of Vietnam have his/her temporary residence period increased from 15 days to 45 days?
- How long is the validity of temporary resident card of foreigners in Vietnam?
- How to extend temporary residence status for foreigners in Vietnam?
From August 15, 2023: Will a national benefiting from unilateral visa-free entry treatment of Vietnam have his/her temporary residence period increased from 15 days to 45 days?
Clause 1, Article 31 of the Law on entry, exit, transit, and residence of foreigners in Vietnam 2014 is amended by Clause 13, Article 1 of the Law on amendments to a number of Articles of Law on entry, exit, transit and residence of foreigners in Vietnam 2019 amendments have regulations on temporary residence certificates as follows:
Temporary residence permit
1. A foreigner making entry without having a valid temporary resident card or permanent residence card shall be issued with a temporary residence certificate at the border checkpoint valid within definite period as follows:
a) Period of temporary residence granted shall equal his/her visa validity; in case his/her visa is encoded as DL and valid for more than 30 days, he/she shall be granted temporary residence for 30 days and shall be considered for extension of temporary residence as specified in Article 35 of this Law;
b) If he/she is benefitting from visa-free entry according to international agreements to which Vietnam is a signatory, period of temporary residence shall be granted according to the international agreements or for 30 days should the international agreements not specify period of temporary residence;
c) A national benefitting from unilateral visa-free entry treatment of Vietnam shall be granted temporary residence for 15 days if he/she enters special administrative - economic zones or for periods specified in Point d of this Clause if he/she enters coastal economic zones specified in Point 3a Article 12 of this Law;
d) He/she who does not fall into cases specified in Points a and b of this Clause and enters economic zones of border checkpoint areas shall be granted temporary residence of 15 days; he/she who enters special administrative – economic zones or coastal economic zones specified in Point 3a Article 12 of this Law shall be granted temporary residence for 30 days
Accordingly, in Clause 4, Article 2 of the Law on amendments to some Articles of Law on Entry and Exit of Vietnamese citizens and Law on Entry, Exit, Transit and Residence of Foreigners in Vietnam 2023, there are regulations on temporary residence duration as follows:
Amendments to some Articles of Law on Entry, Exit, Transit and Residence of Foreigners in Vietnam
...
4. Point c and point d Clause 1 Article 31 shall be amended as follows:
“c) A national benefitting from unilateral visa-free entry treatment of Vietnam shall be granted temporary residence for 45 days and considered for issuance of visa and extension of temporary residence according to regulations of this Law;
d) A person who does not fall into cases specified in Points a, b and c of this Clause and enters economic zones of border checkpoint areas shall be granted temporary residence for 15 days; a person who enters special administrative – economic zones or coastal economic zones specified in Point 3a Article 12 of this Law shall be granted temporary residence for 30 days.”.
According to the above regulations, citizens of countries that are unilaterally exempted from visas by Vietnam will have their temporary residence period increased from 15 days to 45 days and will be considered for visa issuance and temporary residence extension from August 15, 2023.
From August 15, 2023: Will a national benefiting from unilateral visa-free entry treatment of Vietnam have his/her temporary residence period increased from 15 days to 45 days? (Image from the Internet)
How long is the validity of temporary resident card of foreigners in Vietnam?
Article 38 of the Law on entry, exit, transit, and residence of foreigners in Vietnam 2014 is amended by Clause 16, Article 1 of the Law on amendments to a number of Articles of Law on entry, exit, transit and residence of foreigners in Vietnam 2019 amendment stipulates the validity of temporary resident card of foreigners as follows:
- Validity of issued temporary resident cards shall be at least 30 days shorter than remaining validity of passports.
- Validity of DT1 temporary residence cards does not exceed 10 years.
- Validity of NG3, LV1, LV2, LS, DT2 and DH temporary residence cards do not exceed 5 years.
- Validity of NN1, NN2, DT3 and TT temporary residence cards do not exceed 3 years.
- Validity of LD1, LD2 and PV1 temporary residence cards do not exceed 2 years.
- An expired temporary resident card shall be considered for issuance anew.
How to extend temporary residence status for foreigners in Vietnam?
The extension of temporary residence for foreigners in Vietnam is prescribed in Article 35 of the Law on entry, exit, transit, and residence of foreigners in Vietnam 2014.
- Any foreigner who is temporarily residing in Vietnam and wish to have the temporary residence status extended must request the inviting entity to follow the procedures at an immigration authority or a competent authority of the Ministry of Foreign Affairs.
- The inviting entity mentioned in Clause 1 of Article 35 of the Law on entry, exit, transit, and residence of foreigners in Vietnam 2014 shall directly send the written request for extension of the temporary residence status enclosed with a passport or laissez-passer of the foreigner to the competent authority of the Ministry of Foreign Affairs in the cases mentioned in Clauses 1, 2, 3, and 4 Article 8 of of the Law on entry, exit, transit, and residence of foreigners in Vietnam 2014, or at the immigration authority in the cases mentioned in Clause 1 Article 16 of the Law on entry, exit, transit, and residence of foreigners in Vietnam 2014.
- 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 extending temporary residence status.
Note: Law on amendments to some Articles of Law on Entry and Exit of Vietnamese citizens and Law on Entry, Exit, Transit and Residence of Foreigners in Vietnam 2023 take effect from August 15, 2023
LawNet