GUIDE TO DECLARING TEMPORARY RESIDENCE FOR FOREIGNERS: IMPORTANT NOTES WHEN DECLARING TEMPORARY RESIDENCE

Do foreigners residing in Vietnam need to declare temporary residence? How is this issue regulated by the current law? Let's find out in the following article by OTIS LAWYERS!

Legal basic

Law on Entry, Exit, Transit, and Residence of Foreigners in Vietnam 2014, amended and supplemented in 2019.

Circular No. 04/2015/TT-BCA on the Form of Documents Related to Entry, Exit, and Residence of Foreigners in Vietnam.

Circular No. 57/2020/TT-BCA amending and supplementing certain provisions of Circular No. 04/2015/TT-BCA dated January 5, 2015, by the Ministry of Public Security on the form of documents related to entry, exit, and residence of foreigners in Vietnam.

Circular No. 53/2016/TT-BCA regulating the procedures for declaring and receiving temporary residence information of foreigners in Vietnam.

What is temporary residence registration?

Temporary residence registration is the act of individuals registering their temporary place of residence with the relevant authority of the State. Accordingly, foreigners temporarily residing in Vietnam are required to register their temporary residence through the person directly managing the accommodation facility.

Based on Article 33, Clause 1 of the Law on Entry, Exit, Transit, and Residence of Foreigners in Vietnam 2014, foreigners temporarily residing in Vietnam must declare their temporary residence through the person directly managing and operating the accommodation facility, and register it with the communal police, ward police, town police, or police station where the accommodation facility is located.

Declaration of temporary residence for foreigners

The period for temporary residence registration

In Clause 2 of Article 33 of the Law on Entry, Exit, Transit, and Residence of Foreigners in Vietnam 2014, there are provisions regarding the period for temporary residence registration as follows:

The person directly managing and operating the accommodation facility is responsible for fully recording the content of the temporary residence declaration form for foreigners and submitting it to the communal police, ward police, town police, or police station where the accommodation facility is located within a period of 12 hours. For remote and mountainous areas, the deadline is extended to 24 hours from the time the foreigner arrives at the accommodation facility.

Therefore, within a period of 12 to 24 hours from the time a foreigner arrives at the accommodation facility, they must complete the temporary residence declaration and submit it to the local police where the accommodation facility is located.

Forms of temporary residence registration

Currently, there are two forms of temporary residence registration for foreigners. Specifically:

– Declaration of temporary residence for foreigners using a temporary residence declaration form; or

– Declaration of temporary residence for foreigners through the electronic information portal.

Sequence and procedures for temporary residence declaration for foreigners

Declaration of temporary residence for foreigners using a temporary residence declaration form

Step 1: Foreigners fill in the information on the temporary residence declaration form

Individuals declaring temporary residence contact the local communal police or ward police (local police at the commune level) to obtain the temporary residence declaration form according to Form NA17, issued in conjunction with Circular No. 04/2015/TT-BCA.

Individuals declaring temporary residence record the information on the temporary residence declaration form and submit it directly to the local communal police where the accommodation facility is located within a period of 12 hours. For remote and mountainous areas, the deadline is extended to 24 hours from the foreigner's arrival for temporary residence registration. 

The temporary residence declaration form can be sent in advance via fax or the information can be provided by phone to the local communal police prior to submitting the actual temporary residence declaration form within the specified time frame.

Step 2: Receipt of the temporary residence declaration form

The local communal police receive the temporary residence information provided by the foreigner through the temporary residence declaration form within 24 hours/07 days. 

The local communal police check the temporary residence declaration form and, if any information is incomplete, they request immediate supplementation. They then confirm, photocopy, or record the received information in the police register and return the temporary residence declaration form to the individual declaring temporary residence. 

They also inform the local border guard station if the foreigner's temporary residence is at an accommodation facility located in the border area.

Declaration of temporary residence for foreigners through the electronic information portal

Step 1: Access the electronic information portal to register an account

– The individual declaring temporary residence accesses the electronic information portal of the Immigration Department under the provincial or centrally-governed City Police Department where the accommodation facility is located to register an account for declaration. 

– Electronic information portal: https://www.xuatnhapcanh.gov.vn/khai-bao-tam-tru (If you are staying in a specific province/city, you should complete the online temporary residence declaration in that province/city).

Note:

– In case of discovering stolen or misused declaration accounts that cannot be used, it is important to immediately notify the Immigration Department under the provincial or centrally-governed City Police Department.

– Declaration accounts will automatically be invalidated if there is no new declaration information within a 12-month period or if false declarations, incorrect information about the foreigner, or the accommodation facility are detected.

Step 2: Declare temporary residence information

The individual declaring temporary residence fills in the required information as requested. The data can be entered in the designated input fields or uploaded as an attachment using the provided template file on the electronic information portal. 

The individual declaring temporary residence checks, modifies, or supplements the information before confirming its submission and checks the information management section to ensure the system has received it. If not received, the information must be entered again.

Step 3: Receipt of the declare temporary residence information

The Immigration Department under the provincial or centrally-governed City Police Department receives the temporary residence information declared through the electronic information portal within 24 hours/07 days. 

They also notify the local border guard station if the foreigner's temporary residence is at an accommodation facility located in the border area.

Temporary residence declaration and visa consulting services for foreigners provided by OTIS LAWYERS

OTIS LAWYERS takes pride in being a professional firm specializing in consulting services for temporary residence declaration and visa for foreigners. With a team of highly knowledgeable and experienced lawyers, along with our commitment to client satisfaction, we believe in delivering the best, most professional services with reasonable costs and efficient processing times. We guarantee the absolute confidentiality of our clients' information and always prioritize their interests.

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