04 Cases in which grant of permanent residence status is considered in Vietnam

04 Cases in which grant of permanent residence status is considered in Vietnam (Internet image)

Regarding this issue, LawNet would like to answer as follows:

1. Who is considered a foreigner?

According to Clause 1, Article 3 of the Law on Entry, exit, transit, and residence of foreigners in Vietnam 2014, foreigners are those who carry papers proving their foreign nationalities, or those without nationalities who enter, leave, transit through, or reside in Vietnam.

2. 04 Cases in which grant of permanent residence status is considered in Vietnam

Specifically, in Article 39 of the Law on Entry, exit, transit, and residence of foreigners in Vietnam 2014, the cases in which foreigners are considered for permanent residence in Vietnam are as follows:

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

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

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

(4) 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

Conditions for considering grant of permanent residence status specified in Article 40 of the Law on Entry, exit, transit, and residence of foreigners in Vietnam 2014 are as follows:

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

- Any of the foreigners mentioned in (3) of Section 2 who have had a temporary residence in Vietnam for 03 consecutive years or more.

4. Procedures for granting permanent residence status in Vietnam

Procedures for granting permanent residence status in Vietnam are prescribed as follows:

- 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 the Law on Entry, exit, transit, and residence of foreigners in Vietnam 2014;

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

- 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.

- 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.

- Within 04 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.

- 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.

(Article 41 of the Law on Entry, exit, transit, and residence of foreigners in Vietnam 2014)

5. Grant of permanent residence status to people without nationalities in Vietnam

According to Article 42 of the Law on Entry, exit, transit, and residence of foreigners in Vietnam 2014, the grant of permanent residence status to people without nationalities is carried out as follows:

- Any of the people without nationalities mentioned in Clause 4 Article 39 of the Law on Entry, exit, transit, and residence of foreigners in Vietnam 2014 may submit an application to the immigration authority affiliated to the police authority of the province where he/she has a temporary residence.

The application consists of:

+ A written request for grant of permanent residence status;

+ Papers proving that he/she has had a temporary residence in Vietnam before 2000 and satisfy all requirements in Clause 1 Article 40 of the Law on Entry, exit, transit, and residence of foreigners in Vietnam 2014.

- Procedures for granting permanent residence status to people without nationalities shall comply with Clauses 2, 3, 4, and 5 Article 41 of the Law on Entry, exit, transit, and residence of foreigners in Vietnam 2014.

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