What are the cases in which temporary residence cards are issued and symbols of temporary residence cards in Vietnam? What are the procedures for issuance of temporary residence card? - Minh Hao (Phu Yen, Vietnam)
Regarding this issue, LawNet would like to answer as follows:
1. What is temporary residence card?
According to Clause 13, Article 3 of the Law on Entry, exit, transit, and residence of foreigners in Vietnam 2014, temporary residence card is a document issued by an immigration authority or a competent authority of the Ministry of Foreign Affairs to a foreigner who is permitted to reside in Vietnam for a certain period of time. This card has the same validity as a visa.
Cases in which temporary residence cards are issued and symbols of temporary residence cards in Vietnam (Internet image)
2. Cases in which temporary residence cards are issued and symbols of temporary residence cards in Vietnam
According to Clause 14, Article 1 of the Law on Entry, exit, transit, and residence of foreigners in Vietnam amended in 2019, cases of issuance of temporary resident cards include:
(1) 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;
(2) Foreigners making entry on LV1, LV2, LS, DT1, DT2, DT3, NN1, NN2, DH, PV1, LD1, LD2 and TT visas.
* Temporary resident cards shall be granted symbols as follows:
- Temporary resident cards for individuals specified in (1) shall be granted NG3;
- Temporary residence cards for individuals specified in (2) shall be granted symbols similar to visa symbols.
3. Procedures for issuance of temporary residence card in Vietnam
Procedures for issuance of temporary residence card in Vietnam are specified in Article 37 of the Law on Entry, exit, transit, and residence of foreigners in Vietnam 2014 (amended by the Law on Entry, exit, transit, and residence of foreigners in Vietnam amended in 2019), according to which:
- An application for the temporary residence card consists of:
+ A written request from the inviting entity;
+ A declaration bearing a picture;
+ The passport;
+ Documents proving eligibility specified in Clause 1 Article 36 of the Law on Entry, exit, transit, and residence of foreigners in Vietnam 2014.
- An application for a temporary residence card shall be processed as follows:
+ The diplomatic mission, consular office, or another agency authorized by the foreigner in Vietnam shall send the application for the NG3 temporary residence card to a competent authority of the Ministry of Foreign Affairs;
+ Agencies, organizations and individuals directly inviting or sponsoring shall submit application for issuance of temporary resident cards for foreigners specified in Point b Clause 1 Article 36 of the Law on Entry, exit, transit, and residence of foreigners in Vietnam 2014 at immigration authorities where the inviting or sponsoring agencies or organizations are based or where the inviting or sponsoring individuals reside
+ 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 issuing the temporary residence card.
4. Validity of temporary resident card in Vietnam
Article 38 of the Law on Entry, exit, transit, and residence of foreigners in Vietnam 2014 (amended by the Law on Entry, exit, transit, and residence of foreigners in Vietnam amended in 2019), the validity of temporary resident cardd is as follows:
- The duration of a temporary residence card is at least 30 days shorter than the remaining duration of the passport.
- The duration of a NG3, LV1, LV2, ĐT or DH temporary residence card shall not exceed 05 years.
- The duration of a NN1, NN2, TT temporary residence card shall not exceed 03 years.
- The duration of a LĐ or PV1 temporary residence card shall not exceed 02 years.
- Expired temporary residence cards may be extended.
5. Rights of foreigners with temporary residence cards in Vietnam
In addition to the rights and obligations of foreigners specified in Article 44 of theLaw on Entry, exit, transit, and residence of foreigners in Vietnam 2014, 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.
Nhu Mai
- Key word:
- temporary residence cards in Vietnam