Procedures For Extending Temporary Residence For Foreigners

In recent times, Vietnam has become an attractive destination for many investors, experts, and foreign employees who wish to live and work long-term in the country. However, ensuring legal residency requires understanding and complying with relevant legal regulations, which is crucial. Among these, extending temporary residence is an essential procedure for foreigners intending to reside long-term in Vietnam. Below are the Procedures For Extending Temporary Residence For Foreigners under current legal regulations.

Conditions for Extending Temporary Residence

According to clause 1, Article 35 of the Law on Entry, Exit, Transit, and Residence of Foreigners in Vietnam 2014 (“Law on Entry and Exit“), foreigners currently residing temporarily in Vietnam may be considered for a temporary residence extension if they have a need and meet certain conditions as followss:

• Valid passport or valid international laissez-passer of the foreigner; and
• Legally residing in Vietnam and have declared temporary residence through the National Public Service Portal or the Ministry of Public Security’s Public Service Portal.

The competent authority responsible for extending temporary residence.

According to clause 2, Article 35 of the Law on Entry and Exit, the agencies, organisations, or individuals inviting or sponsoring a foreigner must carry out procedures at the immigration management authority (Vietnam Immigration Division) or the competent authority of the Ministry of Foreign Affairs (Consular Department of the Ministry of Foreign Affairs). Specifically:

• Competent authority of the Ministry of Foreign Affairs shall consider and decide on the extension of temporary residence in the following cases:
• Members of the guest delegations invited by the General Secretary of the Central Committee of the Communist Party of Vietnam, the President, the President of the National Assembly, or the Prime Minister (visa code NG1).
• Members of the guest delegations invited by the Standing Member of the Secretariat of the Communist Party of Vietnam, the Vice President, the Vice Chairperson of the National Assembly, the Deputy Prime Minister, the Chairperson of the Central Committee of the Vietnam Fatherland Front, the Chief Justice of the Supreme People’s Court, the Prosecutor General of the Supreme People’s Procuracy, and the State Auditor General; members of the guest delegations at the same level of Ministers and equivalent, Provincial Party Secretaries, City Party Secretaries, Chairperson of People’s Councils, and Chairpersons of People’s Committees of provinces and centrally governed cities (visa code NG2).
• Members of diplomatic missions, consular office, representative offices of international organisations under the United Nations, and representative offices of intergovernmental organisations, along with their spouses, children under 18 years of age, and accompanying domestic workers during their term of office (visa code NG3).
• Persons entering to work with diplomatic missions, consular office, representative offices of international organisations under the United Nations, and representative offices of intergovernmental organisations, along with their accompanying spouses and children under 18 years of age; and persons entering to visit members of diplomatic missions, consular office, representative offices of international organisations under the United Nations, and representative offices of intergovernmental organisations (visa code NG4).
• The immigration authority shall consider and decide on the extension of temporary residence for the remaining cases of foreigners according to Article 8 of the Law on Entry and Exit, supplemented by points c, đ, g, i, clause 3, Article 1 of the Law on Entry and Exit, amended in 2019, except for the subjects in Section 2.1. above.

Procedures for Extending Temporary Residence for Foreigners

This section will delve into the Procedures for Extending Temporary Residence for Foreigners, in order to ensure legal compliance and avoid any unintended errors.

The components of the dossier[1]

• Application form for visa issuance, stay extension (form NA5 issued together with Circular No. 22/2023/TT-BCA dated 30 June 2023);
• Visa (except for visa exemption cases) or temporary residence card or temporary residence extension confirmation with valid term issued by a competent authority of Vietnam;
• Temporary residence confirmation issued by the landlord/ apartment/ building management or local police; and
• Valid passport or valid international laissez-passer of the foreigner.

Procedure for implementation

According to Decision 6968/QD-BCA and clause 1, Article 35 of the Law on Entry and Exit, the procedure for extending temporary residence for foreigners in Vietnam will include the following steps:

• Step 1: Prepare the dossier as outlined in Section 3.1.
• Step 2: Submit application online via the Ministry of Public Security’s Public Service Portal using the account of the agency, organisation or individual inviting or sponsoring the foreigner
• Step 3: Pay the fee online and original documents directly at the Vietnam Immigration Division, Ministry of Public Security or the Consular Department, Ministry of Foreign Affairs.

If the dossier is completed and valid, the dossier will be accepted and the competent authority will notify on the Ministry of Public Security’s Public Service Portal that the agency, organisation or individual inviting or sponsoring the foreigner will pay the temporary residence extension fee for the foreigner online and submit the original application directly to the Immigration Division, Ministry of Public Security or the Consular Department, Ministry of Foreign Affairs. After receiving the valid original dossier, the officer receiving the application will issue an appointment letter to return the results to the applicant.

If the dossier is missing or invalid, the officer receiving the dossier will provide instructions or notify on the Ministry of Public Security’s Public Service Portal for the applicant to complete the dossier.

In case the dossier is not qualified, the competent authority shall notify that the dossier is not accepted and notify on the Ministry of Public Security’s Public Service Portal and clearly state the reason.

• Step 4: Receive results

Within 5 working days or according to the deadline stated on the appointment letter for returning results, the agency, organisation, or individual inviting or sponsoring a foreigner can directly receive the results at the Immigration Division, Ministry of Public Security or the Consular Department, Ministry of Foreign Affairs or via postal service, if requested. When coming to receive the results directly, the authorised person of the agency, organisation, or individual inviting or sponsoring a foreigner must bring the appointment letter for returning results, a valid power of attorney, identification documents, and payment receipt for the officer to verify.

Fees for Procedures

According to the Fee schedule issued with Circular No. 25/2021/TT-BTC dated 07 April 2021, the fee for Procedures for Extending Temporary Residence for Foreigners is 10 USD per instance. Additionally, if the person requesting the extension of temporary residence falls under the category exempt from fees as per clause 1, Article 5 of this Circular, they are not required to pay this fee, including:

• Guests (including spouses or children) of the Party, the State, the Government, the National Assembly, or of Party, State, Government, and National Assembly leaders invited in a personal capacity.
• Officials and staff of foreign diplomatic missions, consular office, and representative offices of international organisations in Vietnam, as well as their family members (spouses and children under 18 years of age), regardless of the type of passport, who are not Vietnamese citizens and do not reside permanently in Vietnam, are exempt from the fee on a reciprocal basis.
• Cases of fee exemption under international treaties that Vietnam has signed or participated in or based on the principle of reciprocity.
• Foreigners entering Vietnam to carry out relief or humanitarian work for Vietnamese organisations or individuals.
• Fee exemption applies in cases of issuing visas or temporary residence for foreigners in Vietnam who have violated the law and are being dealt with, but who lack financial means, and when the diplomatic mission of the country of the violator’s citizenship does not bear the costs or there is no diplomatic mission for that country in Vietnam. The determination of whether a foreigner in Vietnam who has violated the law and is being dealt with qualifies for a fee exemption in this case shall be decided by the fee collection organisation on a case-by-case basis, and it shall take responsibility in accordance with the law.

The Procedure For Extending Temporary Residence For Foreigners is an important part of managing foreign nationals in Vietnam. A thorough understanding of the legal provisions and staying updated on any changes related to this procedure is crucial to ensuring a smooth and efficient process. When carried out correctly, this procedure helps safeguard the legal rights of foreign nationals while ensuring transparency and fairness throughout the review process.

The above is an overview of The Procedure For Extending Temporary Residence For Foreigners. If you have difficulties in finding a Law Firm to advise and support in the relevant legal field, please contact us. Phuoc & Partners is a professional consulting firm established in Vietnam and currently has nearly 100 members working in three offices in Ho Chi Minh City, Hanoi and Danang. Phuoc & Partners is also rated as one of the leading consulting firms in Vietnam with highly specialised teams in top legal fields such as Labour and Employment, Taxation, Merger and acquisition, Litigation. We are confident in providing customers with optimal and effective service.

[1] Article 35.1 of the Law on Entry and Exit, form NA5 Circular No. 22/2023/TT-BCA