The application dossier for temporary residence cards for foreigners is a mandatory administrative procedure when foreigners reside in Vietnam for a certain period. Preparing the dossier fully and in compliance with regulations helps safeguard the lawful rights of the resident and supports state management. Below, NPLaw invites readers to explore the legal issues concerning the application dossier for temporary residence cards for foreigners.

I. The current impact of the application dossier for temporary residence cards for foreigners

In the context of globalization, international integration, and the increasing trend of labor, study, and tourism mobility, the dossier for temporary residence cards for foreigners plays an important role not only for the individual foreigner but also in terms of residence management, national security, and Vietnam’s investment climate.

Compliance with the lawful registration process enables competent authorities to monitor the residence status of foreigners in Vietnam, thereby facilitating administrative management, crime prevention, disease control, and the mitigation of unlawful activities. Particularly in the post-COVID-19 period, residence control has become increasingly important due to changes in entry policies and stricter supervision requirements for foreigners.

In addition, a transparent and lawful temporary residence dossier ensures that foreigners are better protected in exercising their rights while living, studying, or working in Vietnam, such as renting accommodation, opening bank accounts, entering into employment contracts, purchasing insurance, applying for visa extensions, or obtaining long-term residence card.

Example – a practical issue related to the temporary residence application dossier:

A South Korean engineer entered Vietnam to work in an industrial zone in Bac Ninh under a work visa. However, because his company failed to promptly complete the sponsorship and residence registration procedures with the local authority, he was subjected to an administrative fine during an unexpected inspection and faced difficulties in applying for a residence card. The lack of proper temporary residence registration also prevented him from being lawfully recognized in dealings with banks and tax authorities.

II. Understanding of the application dossier for temporary residence cards for foreigners?

1. Definition

An application dossier for temporary residence cards for foreigners is a set of required documents submitted by the foreigner (or the sponsoring organization/individual) to the Vietnamese immigration authority for consideration of granting a temporary residence certificate or card. This dossier demonstrates that the foreigner meets the legal conditions to lawfully reside in Vietnam for a specified period, depending on the purpose of entry (employment, study, investment, family reunion, etc.).

2. Why it is necessary to prepare the application dossier

The preparation of a temporary residence dossier for foreigners is essential for several reasons:

  • Legal compliance: Preparing the dossier is a mandatory requirement under Vietnamese law.
  • Lawful residence: The dossier ensures that foreigners have valid documentation proving their right to reside in Vietnam, thereby avoiding illegal residence or visa overstay.
  • Enjoyment of lawful rights: With valid residence, foreigners may work, study, live, open bank accounts, and engage in lawful transactions.
  • Avoidance of penalties or deportation: Lack of valid residence status or overstaying may result in fines, entry bans, or deportation.
  • State management: The dossier enables competent authorities to manage foreigners effectively, ensuring security and social order.

III. Legal regulations on the application dossier for temporary residence  cards

1. Required documents

Pursuant to Clause 1, Article 28 of the Law on Residence 2020, the application dossier includes:

  • Declaration of residence information changes;
  • For minors, the declaration must contain parental or guardian consent unless written consent has already been provided separately;
  • Proof of lawful accommodation, which may include:
    + Lease agreement or written confirmation of accommodation use;
    + Certificate of land use rights (red book) of the property owner;
    + Written confirmation of residence or approval for temporary stay from the household owner where the foreigner resides;
    + Business registration certificate of the lodging facility in case of hotels, guesthouses, etc.

2. Processing time

Under Clause 2, Article 28 of the Law on Residence 2020, upon submission of a complete and valid dossier at the local residence registration authority (typically the commune/ward police where the foreigner intends to reside), the competent authority will:

  • Examine the dossier;
  • Update the temporary residence information (location and duration) in the residence database;
  • Notify the applicant of the result.

This process must be completed within 03 working days from receipt of the valid dossier.

If the dossier is incomplete or invalid, the authority must guide the applicant to supplement the documents. Official processing will only commence upon receipt of a complete dossier. Where registration is denied, the authority must issue a written response specifying the reasons for refusal.

3. Sanctions for violations

Under Article 9 of Decree No. 144/2021/ND-CP, violations relating to temporary residence dossiers may result in administrative fines, such as:

  • 500,000 VND – 1,000,000 VND for failure to register temporary residence or failure to present documents upon request;
  • 1,000,000 VND – 2,000,000 VND for acts of erasing, altering, trading, lending, or misusing residence documents;
  • 2,000,000 VND – 4,000,000 VND for registering others at one’s residence for personal gain or obstructing residence rights;
  • 4,000,000 VND – 6,000,000 VND for providing false information, falsifying, or using counterfeit documents to register temporary residence, or failing to declare temporary residence for foreigners.

4. Priority cases

Although the law does not expressly specify prioritized cases, in practice, certain situations may be expedited, including:

  • Foreign diplomats or international organization staff entitled to privileges and immunities;
  • Foreigners in urgent circumstances such as medical treatment, pregnancy, disability, or humanitarian protection;
  • Foreign experts or investors engaged in major or strategic projects, supported by an official request from the sponsoring entity.

IV. Questions on the application dossier for temporary residence cards

1. Can foreigners submit the dossier themselves, or must it be done through a representative?

Clause 2, Article 28 of the Law on Residence 2020 allows foreigners to submit directly to the local residence authority. Representation is not mandatory; however, foreigners often authorize landlords, sponsors, or enterprises to handle procedures on their behalf, especially where language barriers or legal unfamiliarity exist.

2. Is an invitation letter required?

For short-term stays (tourism, family visit, short business trips), only the declaration and proof of accommodation are usually required. However, for long-term stays (work, study, investment, religious, or diplomatic activities), an invitation or sponsorship letter from an individual/organization in Vietnam is mandatory.

3. What happens if the dossier lacks required documents?

The authority will not officially accept the dossier but must instruct the applicant to supplement it. Once completed, the dossier will be officially processed, and a result will be provided within 03 working days. If refused, a written notice with reasons must be issued.

4. Must the dossier be notarized?

The law does not require notarization of the entire dossier. Therefore, notarization is not mandatory unless specifically required for certain supporting documents.

5. What do foreigners need to do if incorrect information is submitted?

Foreigners must amend inaccurate information by resubmitting the residence declaration with correct details, along with supporting documents (passport, visa, residence card, etc.), to the local police. Corrections are processed within 03 working days.

V. Should foreigners seek legal counsel when preparing the application dossier for temporary residence cards?

The above article by NPLaw provides an overview of the legal framework on application dossiers for temporary residence cards for foreigners. With a team of experienced lawyers and legal specialists, NPLaw is ready to provide professional legal services, ensuring the protection of clients’ lawful rights. For further support, please contact NPLaw.