To lawfully reside in the territory of Vietnam, foreigners are required to comply with the regulations on entry, stay, and, in particular, temporary residence. However, in practice, a considerable number of foreigners reside in Vietnam without fully declaring their temporary residence or with expired temporary residence, resulting in numerous legal consequences. NPLaw will analyze the current legal framework governing the legalization of temporary residence status for foreigners in Vietnam through the following article. 

I. Current situation of legalization of temporary residence status for foreigners

In recent years, with the increasing number of foreigners coming to live, study, work, and invest in Vietnam, the demand for legalization of temporary residence status has become more common.

However, many foreigners are still unfamiliar with the relevant legal provisions or encounter difficulties in implementing administrative procedures related to temporary residence. Some cases of illegal residence due to expired visas, failure to declare temporary residence, or relocation without notifying the competent authority. Such circumstances significantly affect their personal rights and pose challenges for the competent authorities in managing residence.

II. Understanding of legalization of temporary residence status for foreigners?

1. When is legalization of temporary residence status required?

  • When the visa or temporary residence card expires but has not yet been renewed;
  • When changing place of residence without declaration;
  • When residing without complying with proper temporary residence declaration procedures;
  • When changing the purpose of residence (e.g., from tourism to employment, investment, etc.).

2. Necessary issues on legalization of temporary residence status for foreigners

  • Duration and conditions for submitting applications for adjustment of residence status;
  • Complete dossiers in the prescribed form;
  • Administrative sanctions if residing illegally before legalization;
  • A written explanation for the delay, accompanied by supporting documents (in certain cases).

III. Legal regulations on legalization of temporary residence status for foreigners

1. Relevant legal provisions

  • Law on Entry, Exit, Transit, and Residence of Foreigners in Vietnam 2014, as amended and supplemented in 2019;
  • Circular No. 53/2016/TT-BCA providing regulations on procedures for declaration and reception of temporary residence information of foreigners in Vietnam;
  • Circular No. 31/2015/TT-BCA on issuance of visas, temporary residence cards, exit and entry permits, and settlement of permanent residence for foreigners in Vietnam, effective from August 20, 2015, as amended and supplemented by Circular No. 65/2022/TT-BCA.

Pursuant to Article 31 of the Law on Entry, Exit, Transit, and Residence of Foreigners in Vietnam 2014, as amended and supplemented in 2019, foreigners entering Vietnam without a valid permanent or temporary residence card shall be granted a certificate of temporary residence at the border gate with the following duration:

  • Temporary residence corresponding to the visa duration; in case of visas with the symbol DL exceeding 30 days, 30-day temporary residence shall be granted and may be extended in accordance with Article 35 of the Law;
  • For foreigners exempted from visas under international treaties to which Vietnam is a member, the duration of temporary residence shall be in accordance with such treaties; if no duration is specified, 30-day temporary residence shall be granted;
  • For nationals of countries unilaterally exempted from visa by Vietnam, 15-day temporary residence shall be granted; if entering a special administrative–economic unit or coastal economic zone as prescribed in Clause 3a, Article 12 of this Law, temporary residence shall be granted as stipulated at Point d of this Clause;
  • For foreigners not falling under Points a and b, entering a border-gate economic zone, 15-day temporary residence shall be granted; if entering a special administrative–economic unit or coastal economic zone as prescribed in Clause 3a, Article 12 of this Law, 30-day temporary residence shall be granted.

Foreigners residing in Vietnam must declare their temporary residence through the person directly managing or operating the accommodation establishment, who shall then submit the declaration to the Commune/ Ward/ Township Police or local Police stations as prescribed in Article 33 of the Law on Entry, Exit, Transit, and Residence of Foreigners in Vietnam 2014, as amended in 2019. This provision is further guided by Circular No. 53/2016/TT-BCA.

2. Violations relating to legalization of temporary residence status

Under Article 18 of Decree No. 144/2021/ND-CP:

  • A fine ranging from 500,000 VND to 2,000,000 VND shall be imposed for:
    + Foreigners entering restricted areas without the required permit, or moving beyond the permitted scope or duration;
    + Foreigners overstaying temporary residence, extension of temporary residence, temporary residence card, or permanent residence card in Vietnam for less than 16 days without authorization.
     
  • A fine ranging from 3,000,000 VND to 5,000,000 VND shall be imposed for:
    + Foreigners overstaying temporary residence, extension of temporary residence, temporary residence card, or permanent residence card in Vietnam from 16 to less than 30 days without authorization;
    + Accommodation establishments failing to connect with the Immigration Department of provincial/municipal Police via the internet or computer networks to transmit temporary residence information;
    + Accommodation establishments for overnight without declaring temporary residence or without updating information; or foreigners failing to provide information or providing false one to the establishments for declaration purposes.
  • A fine ranging from 5,000,000 VND to 10,000,000 VND shall be imposed for foreigners overstaying temporary residence, extension of temporary residence, temporary residence card, or permanent residence card in Vietnam from 30 to less than 60 days.
  • A fine ranging from 10,000,000 VND to 15,000,000 VND shall be imposed for foreigners overstaying temporary residence, extension of temporary residence, temporary residence card, or permanent residence card in Vietnam from 60 to less than 90 days.
  • A fine ranging from 15,000,000 VND to 20,000,000 VND shall be imposed for foreigners overstaying temporary residence, extension of temporary residence, temporary residence card, or permanent residence card in Vietnam for 90 days or more.

IV. Questions regarding legalization of temporary residence status for foreigners

1. If a foreigner has previously violated temporary residence regulations, will legalization be difficult?

It may be challenging but still possible. The Immigration Authority will consider each case based on the degree of violation, justification (if any), and supplementary documents.

2. Can foreigners contribute capital or establish enterprises while awaiting legalization of their temporary residence status?

Generally, foreigners must have lawful residence status to implement procedures for capital contribution or enterprise establishment. Obtaining violation settlement or without valid temporary residence confirmation, such requests may be suspended or denied.

3. What risks arise if temporary residence status is not legalized?

  • Administrative fines ranging from 500,000 VND to several million;
  • Deportation from Vietnam;
  • Denial of visa extension or issuance of work permit/temporary residence card;
  • Loss of rights in long-term residence applications, marriage, investment, or business.

4. Is it necessary to prove financial capacity when legalizing temporary residence status?

Not mandatory in all cases. However, for foreigners legalizing residence for investment, employment, or family sponsorship, financial evidence may be required.

5. If the temporary residence document has expired, can a foreigner still legalize their status?

Foreigners with expired temporary residence may apply for the extension by requesting the sponsoring organization, entity, or individual to implement procedures with the Immigration Authority or the competent agency of the Ministry of Foreign Affairs.

V. Should legal assistance be sought regarding legalization of temporary residence status for foreigners?

Legalization of temporary residence involves multiple legal procedures and may be subject to rejection or sanctions if regulations are misunderstood. Therefore, consulting an immigration and residency lawyer is highly advisable.

For further assistance regarding legalization of temporary residence status for foreigners, please contact NPLaw for direct consultation and guidance.