Foreign investors who plan to invest and conduct business in Vietnam must get a temporary residency permit during their visit. For the benefit of everybody, we detail the method for extending a temporary residency card for foreign investors in accordance with Vietnam’s most recent regulations.
Overview
According to the Immigration Law 2019, a temporary residency card is a document that confirms a foreigner’s term of presence in Vietnam, rather than a Vietnam visa. To temporarily remain in Vietnam, travelers only need to confirm the validity of their visa or temporary residency card.
Vietnamese law does not provide exact regulations on how many days in advance a temporary residence card can be extended. Therefore, foreign investors only need to apply for an extension before the expiration date. It is important not to submit the application too early to avoid the risk of the competent officer returning the dossier. In fact, it is recommended to apply for an extension no more than 5 working days before the temporary residence card expires.
Subjects allowed to extend temporary residence card in Vietnam
The following individuals are eligible to apply for an extension of their temporary residence card in Vietnam:
– Foreign investors with an investment license term of at least 1 year.
– Heads of non-governmental organization (NGO) offices with at least 1 year remaining.
– Foreign workers with valid work permits of at least 1 year. If the work permit is about to expire, the procedure for extending it must be completed 30 days before the expiration date, followed by the procedure for extending the temporary residence card.
– Foreigners with Vietnamese spouses.
Conditions for extending temporary residence cards for foreign investors in Vietnam
Previously, foreign investors were granted a long-term temporary residency permit if they participated in establishing a business, donated cash, or acquired stock in a Vietnamese firm. This was seen as a privilege designed to attract international investors to Vietnam.
However, this legislation also made managing foreigners in Vietnam more difficult and was a way of avoiding extending temporary resident status to foreigners who came to the country without making valid investments.
As a result, the 2019 Immigration Law modified the provisions governing the issuance of temporary residency cards to foreigners. To obtain a temporary residency permit, foreigners must meet the following requirements:
To lawfully obtain long-term temporary residence in Vietnam, foreigners must have a valid reason, such as:
– Holding a certificate of business registration or certificate of investment registration with a name that matches foreign investors and an equity capital of more than 3 billion VND.
– Being legal employees with a Work Permit or Certificate of non-work permit issuance.
– Being related to Vietnamese citizens as a spouse, parent, or child.
Secondly, foreigners arrive with the intention of staying for an extended period of time. The new Immigration Law specifies the mechanism for modifying the purpose of temporary residence after entrance, but companies will still face challenges when carrying out the procedures for awarding temporary residence cards in these circumstances.
Thirdly, foreigners apply for a temporary residency card while holding a valid Vietnam visa and declaring their temporary residence at their present address.
If the foreign investor all meet these three requirements, as well as the correct implementation of the processes for applying for a temporary residence card, the immigration office will give the foreigner a long-term temporary residency card.
Procedure for extension of temporary residence card for foreign investors in Vietnam
Step 1: Prepare the dossier according to the regulation
Step 2: Submit the dossier
– Vietnamese agencies and organizations, Vietnamese citizens and foreigners lawfully residing in Vietnam, submit dossiers at one of two working offices of the Immigration Department – Ministry of Public Security.
– The officer receiving the application shall check the legality and content of the application:
+ If it is complete and valid, then receive the application, print and hand over the receipt, and schedule a date to return the results.
+ If the dossier is not valid, the dossier-receiving officer shall guide the applicant to supplement the dossier for completeness.
* Time to submit application: from Monday to Saturday morning (except New Year’s Day, public holiday).
Step 3: Get the result
a) The person who comes to receive the result shall give the receipt to the officer who returns the test results and compare, if there is a result of the extension of temporary residence, the person who comes to receive the result must pay the fee and sign for it.
b) Time: from Monday to Friday every week (except New Year’s Day and public holidays).
Time limit for settlement: no more than 05 working days from the date of receipt of complete dossiers.
Agency implementing administrative procedures: Immigration Department – Ministry of Public Security.
Results of administrative procedures: extension of temporary residence.
Fee (if any): 10 USD.
About us
HMLF is a Law Firm to provide legal services to foreigner who wishing to extend TRC in Vietnam. With a team of experts and staff of HMLF try to provide optimal solutions to bring customers satisfaction when experiencing legal services.
Harley Miller Law Firm “HMLF”
Head office: 14th floor, HM Town building, 412 Nguyen Thi Minh Khai, Ward 05, District 3, Ho Chi Minh City.
Phone number: 0937215585
Website: hmlf.vn Email: miller@hmlf.vn
