How long must a foreign national temporarily reside in Vietnam to be eligible for permanent residency?

I have a husband who is Dutch, and both of us registered our marriage in Vietnam and have been living in Vietnam since then. He has already had a temporary residence card in Vietnam for 2 years. Now, I want to sponsor my husband to apply for a permanent residence card. Given my situation, can we apply for it? What documents do I need to prepare?

According to Clause 3, Article 39 of the Law on Entry, Exit, Transit, and Residence of Foreigners in Vietnam 2014, foreigners with a parent, spouse, or child who is a Vietnamese citizen residing in Vietnam may be considered for permanent residence.

Clause 3, Article 40 of the Law on Entry, Exit, Transit, and Residence of Foreigners in Vietnam 2014 stipulates the conditions for being considered for permanent residence as follows:

- Foreigners specified in Article 39 of this Law may be considered for permanent residence if they have legal accommodation and a stable income to ensure their livelihood in Vietnam.

- Foreigners specified in Clause 2, Article 39 of this Law must be recommended by the Minister, Heads of ministerial-level agencies, or agencies under the Government of Vietnam that manage the state activities relevant to their profession.

- Foreigners specified in Clause 3, Article 39 of this Law must have continuously resided in Vietnam for three or more years.

Accordingly, in the case of your husband, a foreigner whom you sponsor, he must have continuously resided in Vietnam for three or more years.

According to Point a, Clause 2, Article 5 of Circular 31/2015/TT-BCA, foreigners who have continuously resided in Vietnam for three or more years are determined based on the entry and exit stamps issued at the port of entry, with a total temporary residence time of three or more years within the last four years up to the date of application for permanent residence.

As such, in the case of your husband who has only resided in Vietnam for two years, he does not yet meet the conditions to be granted a permanent residence card.

Sincerely!

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