Legal regulations on applying for temporary residence visas for foreigners

With a dynamic developing economy and significant tourism potential, Vietnam is increasingly attracting foreigners to study, work, and live. To ensure that their entry and residence comply with Vietnamese law, the temporary residence visas have become one of indispensable legal documents. So, how does the process and procedures for applying for temporary residence visas for foreigners currently work? Please follow the below article by NPLaw to better understand the applicable legal regulations and main considerations.

I. Current situation of applying for temporary residence visas for foreigners

At present, many foreigners enter Vietnam on tourist or short-term visas, but in fact, they seek longer purposes for work or life. Due to insufficient knowledge of the law, such foreigners often fail to convert their status to appropriate temporary residence visas in a timely manner, including participating in untrustworthy intermediaries, resulting in rejected or significantly delayed applications. Some individuals are even sanctioned for overstaying or for using visas for purposes other than those originally issued. 

II. Understanding of the application for temporary residence visas for foreigners?

1. What should foreigners residing in Vietnam without valid temporary residence visas do?

According to point c, clause 2, Article 44 of the Law on Entry, Exit, Transit, and Residence of Foreigners in Vietnam 2014 (as amended in 2019 and 2023), foreigners entering, exiting, and residing in Vietnam have obligations, including:

• Obtaining passports or valid international travel documents, together with documents related to residence in Vietnam, and presenting them upon request by competent authorities.
• Presenting passports or valid international travel documents, along with documents related to residence in Vietnam, to accommodation establishments to complete temporary residence declarations as required.

Foreigners residing in Vietnam without valid visas or temporary residence cards (or whose visas or cards have expired without renewal or reissuance) are considered to be residing illegally.

In such cases, foreigners must promptly contact the immigration authority for guidance on renewal and comply with any administrative sanctions prescribed by law. They may also seek timely consultation and assistance from lawyers to avoid serious consequences.

2. Main considerations when applying for temporary residence visas for foreigners

When applying for a temporary residence visa in Vietnam, foreigners should pay attention the following to ensure compliance and smooth processing:

• Correctly identifying the accurate type of visa and purpose of entry in order to apply for the appropriate visa or temporary residence cards.
• Reviewing the conditions of entry and eligibility for temporary residence based on the applicant’s specific circumstances.
• Preparing a complete application document and submitting them to the competent authority within the prescribed timeframe.
• Monitoring the processing status and providing supplementary documents or clarifications upon request.

A clear understanding of these legal elements ensures that the application is properly received and processed promptly in compliance with applicable regulations.

3. What types of temporary residence visas exist and what are their conditions?

Pursuant to Article 8 of the Law on Entry, Exit, Transit, and Residence of Foreigners in Vietnam 2014 (as amended in 2019 and 2023), Vietnam currently issues 21 categories of visas to foreigners.

The conditions for visa issuance under Article 10 include:

• Possessing a passport or valid international travel document.
• Having an agency, organization, or individual in Vietnam to invite or sponsor, except in cases under Articles 16a, 16b, and clause 3, Article 17 of this law.
• Not falling into categories prohibited from entry under Article 21.
• In the following cases, applicants for visa issuance must provide supporting documents for the stated purpose of entry:
  + Foreign investors must provide investment documents as required by the Law on Investment.
  + Foreign practicing as lawyers must hold practicing certificates in accordance with the Law on Lawyers.
  + Foreign entering Vietnam for employment must hold work permits under the Labor Code.
  + Foreign entering Vietnam for study purposes must provide admission letters from Vietnamese schools or educational institutions.
• An electronic visa (e-visa) may be issued to foreigners holding valid passports, provided they do not fall into categories excluded under Article 8.

Accordingly, foreigners seeking entry and residence must meet the conditions for visa issuance corresponding to their circumstances.

III. Legal provisions on applying for temporary residence visas for foreigners

1. Are there special regulations under international treaties regarding temporary residence visas?

Vietnam has entered into a number of bilateral and multilateral agreements with countries such as Japan, the Republic of Korea, the Russian Federation, etc., under which citizens of these countries may be exempted from visa requirements or granted temporary visas under more preferential conditions than those generally applicable.

International treaties to which Vietnam is a party often provide visa-related incentives; however, foreigners are still required to clearly understand and comply with the specific applicable conditions in order to ensure lawful residence in Vietnam.

2. In what cases are foreigners denied temporary residence visas despite meeting conditions?

Under Article 21 of the Law on Entry, Exit, Transit, and Residence of Foreigners in Vietnam 2014 (as amended in 2019 and 2023), the following categories are denied entry:

• Failing to meet conditions under clause 1, Article 20 of this Law.
• Children under 14 years of age who are not unaccompanied by parents, legal guardians, or an authorized person.
• Using forged documents or providing false information in order to obtain documents valid for entry, exit, exit, transit, or residence.
• Persons with mental illness or infectious diseases that pose a threat to public health.
• Persons deported from Vietnam within the past three years.
• Having been subject to expulsion within the past six months.
• For reasons for epidemic prevention, natural disaster, national defense, security, public order, or social safety.

Accordingly, any foreigners falling under one of the circumstances are ineligible for entry in accordance with the applicable law.

3. What is the procedure for applying for temporary residence visas for foreigners?

As provided in clause 2, Article 37 of the Law on Entry, Exit, Transit, and Residence of Foreigners in Vietnam 2014 (as amended in 2019 and 2023), the procedure for issuance of a Temporary Residence Card to foreigners are as follows:

• Foreign diplomatic missions or consulates, or other authorized foreign agencies in Vietnam submit applications for NG3 residence cards to the Ministry of Foreign Affairs.
• Agencies, organizations, or individuals inviting or sponsoring foreigners falling under the cases prescribed in Point b, Clause 1, Article 36 of this law shall directly submit applications for residence cards to the Immigration Department where they are based.
• Within five (05) working days of receiving a complete and valid dossier, the Immigration Department or or competent authority of the Ministry of Foreign Affairs will review and issue residence cards. 

Strict compliance with procedures and duration helps expedite processing time and avoid unnecessary costs.

4. What documents are required for temporary residence visa applications?

Pursuant to clause 1, Article 37 of the Law on Entry, Exit, Transit and Residence of Foreigners in Vietnam 2014 (as amended and supplemented in 2019 and 2023), the application dossier for issuance of a Temporary Residence Card to a foreigner shall includes:

• A written request from the inviting/sponsoring agency, organization, or individual carrying out the procedures.
• An application form for issuance of a temporary residence card, with an attached photo.
• The passport of the foreigner.
• Supporting documents proving eligibility under clause 1, Article 36 of this law.

Accordingly, the preparation of a complete and proper set of documents is a key determining factor in the successful processing of an application for a temporary residence card.

IV. Questions on temporary residence visa applications for foreigners

1. What is the validity period of temporary residence visas? 

Under Article 38 of the Law on Entry, Exit, Transit, and Residence of Foreigners in Vietnam 2014 (as amended in 2019 and 2023), the validity depends on visa type:

• Temporary residence visas with symbol ĐT1: up to 10 years.
• Temporary residence visas with symbols NG3, LV1, LV2, LS, ĐT2, DH: up to 5 years.
• Temporary residence visas with symbols NN1, NN2, ĐT3, TT: up to 3 years.
• Temporary residence visas with symbols LĐ1, LĐ2, PV1: up to 2 years.
• Always at least 30 days shorter than the passport validity.

2. Can foreigners extend temporary residence visas, and what is the process?

Pursuant to Clause 1, Article 35 of the Law on Entry, Exit, Transit, and Residence of Foreigners in Vietnam 2014 (as amended and supplemented in 2019 and 2023) regarding extension of temporary residence: A foreigner who are temporarily residing in Vietnam and wish to extend their temporary residence must request the inviting or sponsoring agency, organization, or individual to implement procedures at the Immigration Department or the competent authority of the Ministry of Foreign Affairs.

The procedures for extension of temporary residence as stipulated in Clauses 2 and 3 of this Article ,are as follows:

• The inviting or sponsoring agency, organization, or individual as provided in Clause 1 of this Article shall directly submit a written request for extension of temporary residence, together with the passport or valid international travel document of the foreigner, to the competent authority of the Ministry of Foreign Affairs for cases specified in Clauses 1, 2, 3, and 4 of Article 8 of this Law, and to the Immigration Department for cases specified in Clause 1, Article 16 of this Law.
• Within five (05) working days from the date of receipt of the complete application, the Immigration Department or the competent authority of the Ministry of Foreign Affairs shall consider and process the extension of temporary residence.

Accordingly, foreigners whose temporary residence visas are about to expire may be considered for an extension, provided that the above legal requirements and procedures are fully complied with.

3. Who is entitled to submit applications for foreigners?

Pursuant to Point b, Clause 2, Article 37 of the Law on Entry, Exit, Transit and Residence of Foreigners in Viet Nam 2014 (as amended and supplemented in 2019 and 2023) regarding the procedures for issuance of temporary residence cards:

• The inviting or sponsoring agency, organization, or individual shall directly submit the application dossier for issuance of a temporary residence card for a foreigner falling under the cases prescribed in Point b, Clause 1, Article 36 of this Law to the immigration authority at the place where the inviting or sponsoring agency or organization is headquartered, or where the inviting or sponsoring individual resides.

Accordingly, the inviting or sponsoring agency, organization, or individual is the legally competent subject entitled to submit the application dossier for the issuance of a temporary residence card to a foreigner, in accordance with the above provisions of law.

4. What are common reasons for refusal for temporary residence visas?

The common reasons why foreigners are not issued temporary residence visas in Vietnam include:

• The application dossier is incomplete or invalid.
• The foreigner fails to meet the statutory conditions for entry.
• Falling under categories in Article 21 of the Law on Entry, Exit, Transit, and Residence of Foreigners in Vietnam 2014 (as amended in 2019 and 2023).

Accordingly, the refusal to grant a temporary residence visa to a foreigner may arise from reasons related to the application dossier and procedural compliance, as well as reasons related to entry conditions or other grounds stipulated by applicable laws and regulations.

5. Is an interview required for temporary residence visa applications?

In general, the application for a temporary residence visa for foreigners in Viet Nam does not require a direct interview with the foreigner.

However, where the competent authority considers that the visa or temporary residence card application dossier contains unclear information or raises issues requiring clarification, it may request the foreigner and/or the sponsoring individual or organization to provide explanations or additional information in accordance with law.

V. Should it consult regarding temporary residence visa applications?

The above article by NPLaw outlines current legal provisions on applying for temporary residence visas for foreigners. With an experienced team of lawyers and legal experts, NPLaw provides professional legal services to safeguard clients’ lawful interests. Should you require assistance, please contact NPLaw for consultation and support.