Conditions for considering grant of permanent residence card in Vietnam

Conditions for considering grant of permanent residence card in Vietnam (Internet image)

1. What is a permanent resident card?

According to Clause 14, Article 3 of the Law on Entry, exit, transit, and residence of foreigners in Vietnam 2014 (amended in 2019), permanent residence card is a document issued by an immigration authority to a foreigner who is permitted to reside indefinitely in Vietnam. This card has the same validity as a visa.

Specifically, foreigners are those who carry papers proving their foreign nationalities, or those without nationalities who enter, leave, transit through, or reside in Vietnam.

(Clause 1, Article 3 of the Law on Entry, exit, transit, and residence of foreigners in Vietnam 2014 (amended in 2019))

2. Cases in which grant of permanent residence status is considered in Vietnam

Cases in which grant of permanent residence status is considered are specified in Article 39 of the Law on Entry, exit, transit, and residence of foreigners in Vietnam 2014 (amended in 2019), specifically as follows:

(i) Foreigners who have contributed to the development and protection of Vietnam and are awarded medals or titles by Vietnam’s government.

(ii) Foreigners who are scientists or experts temporarily residing in Vietnam.

(iii) Any foreigner sponsored by his parent, spouse, or child who is a Vietnamese citizen and has a permanent residence in Vietnam.

(iii) Any person without nationalities who has had a temporary residence in Vietnam from 2000 or earlier.

3. Conditions for considering grant of permanent residence status in Vietnam

Specifically, in Article 40 of the Law on Entry, exit, transit, and residence of foreigners in Vietnam 2014 (amended in 2019), foreigners must meet the following conditions to be considered for issuance of permanent residence status in Vietnam:

- Any of the foreigners mentioned in Section 2 may be granted permanent residence status if he/she has a legitimate residence and is making a decent living in Vietnam.

- Foreigners mentioned in item (ii) Section 2 must be proposed by the Ministers, Heads of ministerial agencies or Governmental agencies in corresponding fields.

- Any of the foreigners mentioned in item (iii) Section 2  who have had a temporary residence in Vietnam for 03 consecutive years or more.

Specifically, The applicant has temporarily resided in Vietnam for at least consecutive 3 years according to the entry and exit visa borne at the checkpoint within latest 4 years from the date on which the application for permanent residence is submitted.

(Point a, Clause 2, Article 5 of Circular 31/2015/TT-BCA)

4. Application for granting for granting permanent residence status in Vietnam

According to Clause 1, Article 41 of the Law on Entry, exit, transit, and residence of foreigners in Vietnam 2014 (amended in 2019), any foreigners applying permanent residence status (hereinafter referred to as applicant) shall follow the procedures at an immigration authority. The application consists of:

- A written request permanent residence status;

- A criminal record issued by a competent authority of the country of which the applicant is a citizen;

- A diplomatic note from a diplomatic mission of the country, of which the applicant is a citizen, requesting grant of permanent residence status to the applicant;

- Certified true copy of the passport;

- Papers proving the fulfillment of requirements mentioned in Section 3;

- A note of sponsorship (applied to the foreigner mentioned in Clause 3 Article 39 of Law on Entry, exit, transit, and residence of foreigners in Vietnam 2014 (amended in 2019)).

In particular, the receiving body of application for permanent residence status:

- Foreigners who have contributed to the development and protection of Vietnam and are awarded medals or titles by Vietnam’s government or foreigners who are scientists or experts temporarily residing in Vietnam shall submit application at Immigration Administration Department.

- Any foreigner sponsored by his parent, spouse, or child who is a Vietnamese citizen and has a permanent residence in Vietnam or any person without nationalities who has had a temporary residence in Vietnam from 2000 or earlier shall submit application at Division of immigration administration of police authority of the province.

(Clause 3, Article 5 of Circular 31/2015/TT-BCA)

Thanh Rin

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