From 15/8/2023: Increase temporary residence of a national benefitting from unilateral visa-free entry treatment of Vietnam to 45 days

From 15/8/2023: Increase temporary residence of a national benefitting from unilateral visa-free entry treatment of Vietnam to 45 days

Pursuant to Clause 1 Article 31 of the Law on Entry, exit, transit, and residence of foreigners in Vietnam in 2014 (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 in 2019) stipulating 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.

Pursuant to 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 in 2023 stipulating as follows:

Amendments to some Articles of Law on Entry, Exit, Transit and Residence of Foreigners in Vietnam

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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.

As regulations above, from 15/8/2023, the temporary residence of a national benefitting from unilateral visa-free entry treatment of Vietnam is increased from 15 days to 45 days.

What are regulations on declaration of temporary residence of foreigners in Vietnam?

Pursuant to Article 33 of the Law on Entry, exit, transit, and residence of foreigners in Vietnam in 2014 (amended by Clause 5 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 in 2023) stipulating declaration of temporary residence of foreigners in Vietnam as follows:

- Any foreigner that temporarily resides in Vietnam shall, via the person directly managing and operating the operation of the accommodation establishment, declare his/her temporary residence to the police of the commune, ward, and township or at the local police authority/station where the accommodation establishment is located.

Accommodation establishments shall be responsible for requesting foreigners to present their passports or international travel documents, and documents related to residence in Vietnam to register temporary residence before admitting them.

If the border guard post/station receives the declaration of temporary residence of a foreigner under regulations of an international treaty to which Vietnam is a signatory, the border guard post/station shall immediately notify the police of the commune, ward, township or the police authority/station where the foreigner temporarily resides.

- The declaration of temporary residence of foreigners can be sent to the police in either electronic or paper form.

In case of applying for temporary residence in the paper form, the person directly managing and operating the operation of the accommodation establishment shall be responsible for filling in all information about the foreigner on the temporary residence declaration form and sending it to the police of the commune, ward, township or the police authority/station where the accommodation establishment is located within 12 hours (24 hours for remote areas) from the time the foreigner arrives at the accommodation establishment.

- In case where foreigners change their address of temporary residence stated in their permanent residence cards or when there is any change in information in their passports, the declaration of temporary residence must be remade as prescribed in Clause 1 of this Article.

What are cases of issuance of temporary residence cards for foreigners in Vietnam?

Pursuant to Article 36 of the Law on Entry, exit, transit, and residence of foreigners in Vietnam in 2014 (amended by Clause 14 Article 1 of the Law on amendments to a number of Articles of Law on entry, exit, transit and residence of foreigners in Vietnam in 2019) stipulating cases of issuance of temporary residence cards for foreigners in Vietnam as follows:

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.

As regulations above, 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.

Note: 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 in 2023 takes effect from 15/8/2023.

Best regards!