PROCEDURES FOR ISSUING PERMANENT RESIDENCE CARDS TO FOREIGNERS IN VIETNAM - OTIS LAWYERS

What is a Permanent Residence Card?

According to Clause 14, Article 3 of the Law on Entry, Exit, Transit, and Residence of Foreigners in Vietnam 2014 (amended 2019), a permanent residence card is a document issued by the immigration management authority allowing foreigners to reside indefinitely in Vietnam and serves as a substitute for a visa.

Specifically, a foreigner is a person holding documents identifying foreign nationality or a stateless person entering, exiting, transiting, and residing in Vietnam.

(Clause 1, Article 3 of the Law on Entry, Exit, Transit, and Residence of Foreigners in Vietnam 2014 (amended 2019))

Conditions for Foreigners to be Granted a Permanent Residence Card in Vietnam

According to Article 40 of the Law on Entry, Exit, Transit, and Residence of Foreigners in Vietnam 2014 (amended 2019), foreigners must meet the following conditions to be considered for a permanent residence card in Vietnam:

- Foreigners specified in Article 39 of the Law on Entry, Exit, Transit, and Residence of Foreigners in Vietnam 2014 (amended 2019) will be considered for a permanent residence card if they have legal accommodation and stable income to ensure their living in Vietnam:

(i) Foreigners who have contributed to the construction and protection of the Vietnamese Fatherland, awarded medals or state honorary titles by the Vietnamese government.

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

(iii) Foreigners being sponsored by their parents, spouses, or children who are Vietnamese citizens permanently residing in Vietnam.

(iv) Stateless persons who have been continuously residing in Vietnam since before 2000.

- Foreigners specified in (ii) must be recommended by the Minister, Heads of ministerial-level agencies, or agencies under the government that manage the field of the foreigner's expertise.

- Foreigners specified in (iii) must have continuously resided in Vietnam for three years or more.

Specifically, continuous temporary residence in Vietnam for three years or more is determined based on the entry and exit stamps issued at border gates, with a total residence time in Vietnam of three years or more within the four most recent years from the date of application for a permanent residence card.

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

Procedures for Issuing a Permanent Residence Card to Foreigners in Vietnam

Application for a Permanent Residence Card for Foreigners in Vietnam

According to Clause 1, Article 41 of the Law on Entry, Exit, Transit, and Residence of Foreigners in Vietnam 2014 (amended 2019), the application for a permanent residence card for foreigners in Vietnam includes:

- Application for a permanent residence card;

- Judicial record issued by the competent authority of the country of which the person is a citizen;

- Official letter from the representative agency of the country of which the person is a citizen requesting Vietnam to grant the person permanent residence;

- Notarized copy of passport;

- Documents proving eligibility for a permanent residence card as specified in section 2;

- Guarantee document for foreigners specified in Clause 3, Article 39 of the Law on Entry, Exit, Transit, and Residence of Foreigners in Vietnam 2014 (amended 2019).

Where to submit the application:

- Foreigners who have contributed to the construction and protection of the Vietnamese Fatherland, awarded medals or state honorary titles by the Vietnamese government, or are scientists or experts currently residing temporarily in Vietnam, should submit their applications to the Immigration Department.

- Foreigners being sponsored by their parents, spouses, or children who are Vietnamese citizens permanently residing in Vietnam, or stateless persons who have been continuously residing in Vietnam since before 2000, should submit their applications to the Immigration Management Office of the provincial or central city police department where they apply for a permanent residence card.

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

Processing Time for Issuing a Permanent Residence Card for Foreigners in Vietnam

Within four months from the date of receiving a complete application, the Minister of Public Security will review and decide on the permanent residence. If further verification is needed, this period may be extended by up to two months.

The immigration management authority is responsible for notifying in writing the result of the application for permanent residence to the applicant and the provincial or central city police department where the foreigner applies for permanent residence.

Within five working days from the date of receiving the notification from the immigration management authority, the provincial or central city police department where the foreigner applies for permanent residence must inform the foreigner of the decision.

Within three months from the date of receiving the notification of the decision, the foreigner must go to the immigration management authority of the provincial or central city police department where they apply for permanent residence to receive the permanent residence card.

(Clauses 2, 3, 4, and 5 of Article 41 of the Law on Entry, Exit, Transit, and Residence of Foreigners in Vietnam 2014 (amended 2019))

For any questions or comments, please contact:
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