Procedures for permanent residence registration for foreigners in Vietnam

My husband is a foreigner who wants to permanently reside in Vietnam. What are the cases in which grant of permanent residence status in Vietnam is considered? - Van Anh (HCMC, Vietnam)

Procedures for permanent residence registration for foreigners in Vietnam (Source: Internet)

1. Cases in which grant of permanent residence status is considered

Article 39 of Vietnam's Law on Entry, exit, transit, and residence of foreigners in Vietnam 2014 provides for the following cases to be considered for permanent residence:

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

- Foreigners who are scientists or experts temporarily residing in Vietnam.

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

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

2. Conditions for considering grant of permanent residence status

Pursuant to Article 40 of Vietnam's Law on Entry, exit, transit, and residence of foreigners in Vietnam 2014 stipulates the conditions for permanent residence as follows:

- Foreigners specified in Article 39 of Vietnam's Law on Entry, exit, transit, and residence of foreigners in Vietnam 2014 may be granted permanent residence status if he/she has a legitimate residence and is making a decent living in Vietnam.

- Foreigners specified in Clause 2, Article 39 of Vietnam's Law on Entry, exit, transit, and residence of foreigners in Vietnam 2014 must be proposed by the Ministers, Heads of ministerial agencies or Governmental agencies in corresponding fields.

- Foreigners specified in Clause 3, Article 39 of Vietnam's Law on Entry, exit, transit, and residence of foreigners in Vietnam 2014 who have had a temporary residence in Vietnam for 03 consecutive years or more.

3. Procedures for granting permanent residence status for foreigners

Procedures for permanent residence are specified in Clause 1, Article 41 of Vietnam's Law on Entry, exit, transit, and residence of foreigners in Vietnam 2014 as follows:

Step 1: Submit your application

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 Article 40 of this Law;

- A note of sponsorship (applied to the foreigner mentioned in Clause 3 Article 39 of this Law).

Time limit for processing permanent residence applications of foreigners:

Within 04 months from the receipt of sufficient documents, the Minister of Public Security shall consider granting the permanent residence status; if further investigation is deem necessary, the deadline may be extended for up to 02 months.

Step 2: Settlement of records

The immigration authority shall send a written notification of the result to the applicant and the police authority of the province where the foreigner wishes to have a permanent residence.

Step 3: Return the result

 Within 05 working days from the receipt of the notification from the immigration authority, the police authority of the province shall notify the foreigner of the grant of permanent residence status.

Step 4: Granted a permanent resident card

Within 03 months from the receipt of the notification of the grant of permanent residence status, the foreigner must go to the immigration authority affiliated to the provincial police department to receive the permanent residence card.

Ngoc Nhi

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