A temporary resident card is a valid substitute for a visa. Foreigners in Vietnam, at the expiration of their temporary residence, may apply for an extension of their temporary residence or temporary resident cards in accordance with the provisions of the law. In the following article, NPLaw provides you with information about the extension of the temporary resident card for foreigners in Vietnam to help you understand important conditions and procedures for extending the temporary resident card for foreigners in Vietnam.

I/ What is the extension of the temporary resident card for foreigners in Vietnam?

Pursuant to the provisions of Clause 13 Article 3 of the Law on Entry, Exit, Transit, and Residence of Foreigners in Vietnam 2014, a temporary resident card is a type of document issued by the Immigration Department or the competent authority of the Department of Foreign Affairs to foreigners who are allowed to reside in Vietnam for a specific duration and have value as a visa.

Accordingly, a temporary resident card is also valid as a visa, issued by the Vietnamese Immigration Department to a foreigner to allow this person to reside and work in Vietnam for a long time. When the card is expiring and the foreigner still wants to stay in Vietnam, it is necessary to go through procedures for the extension in accordance with the provisions of the law. 

Foreigners who wish to continue to stay in Vietnam need to meet all the conditions for the extension of the temporary resident card before it can be approved and extended by the competent authorities.

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II/ Legal provisions on the extension of the temporary resident card for foreigners in Vietnam

1. Candidates for the extension of the temporary resident card for foreigners in Vietnam

Candidates allowed to extend the temporary resident card for foreigners include:

- Foreigners whose spouses are Vietnamese nationals;

- Foreigners enter Vietnam to invest; 

- Foreign workers have been granted a work permit in Vietnam;

- Head of office or representative of non-governmental organizations.

2. Conditions for the extension of the temporary resident card for foreigners in Vietnam

To be eligible for the extension of the Vietnam temporary resident card, foreigners in Vietnam need to meet the following conditions:

- Candidates who have been granted the extension of the temporary resident card for foreigners in Vietnam;

- Foreigners' passports need to be valid for more than one year;

- If foreign workers have their work permits, they need to be valid for at least one year. If such work permits are about to expire, foreigners need to proceed to extend the permit before extending the temporary resident card;

- Foreigners need to stay in Vietnam for a certain duration with certificates of temporary residence in the locality where they are staying;

- If foreigners have passports that have run out of pages or have lost that they need to apply for a new passport to extend the temporary resident card, such new passports must never have been used to immigrate to Vietnam and not have a new visa attached.

III/ Dossiers and procedures for the extension of the temporary resident card for foreigners in Vietnam 

1. Dossiers for the extension of the temporary resident card for foreigners in Vietnam

Pursuant to the provisions of Clause 2, Article 5 of Circular No. 04/2016/TT-BNG on Notice/Proposal Dossiers for the extension of the temporary residence, as follows: 

- A written document or official dispatch for notice or proposal for the extension, which specifies name, date of birth, nationality, gender, passport’s number and symbol, passport’s date of issue and expiration, occupation, position, purpose of entry, proposal duration for the extension of the temporary residence and the need for a new visa (if any) of a foreigner.

- Foreigners' passports are valid for more than 30 days compared to the extension period.

- A written declaration for issuing visa and extending the temporary residence according to the template, with confirmation and mark of the agencies or organizations inviting or guaranteeing of foreigners.

- For foreigners who enter Vietnam to visit members of foreign representative offices in Vietnam, it is necessary to have 01 photocopy of the identification card of members of such representative offices, issued by the Directorate of State Protocol or the Ho Chi Minh City Department of Foreign Affairs.

- For foreigners who are contractual employees working at foreign representative offices in Vietnam, one copy of valid employment contracts must be accompanied.

According to regulations, dossiers for the extension of the temporary resident card for foreigners in Vietnam need to prepare the above-mentioned documents.

2. Procedures for the extension of the temporary resident card for foreigners in Vietnam

Procedures for resolving the extension proposal of the temporary residence for foreigners according to Regulation at Article 5 of Circular 04/2016/TT-BNG are as follows:

- Foreigners who have been issued NG1, NG2 and NG4 visas, after entering Vietnam, if there is a need to extend the temporary residence, it is necessary to adopt authorities or organizations inviting or guaranteeing foreigners into Vietnam to send notice or proposal dossiers for the temporary residence extension to the Consular Department or the Ho Chi Minh City Department of Foreign Affairs.

- Notice or proposal dossiers for the extension: Dossiers for the extension of the temporary resident card for foreigners in Vietnam need to be prepared with the above-mentioned documents.

- Resolving the extension proposal for temporary residence:

- Within five (05) working days from the date of receiving sufficient valid dossiers as prescribed, the Consular Department or the Department of Foreign Affairs will consider the extension of the temporary residence and the issuance of a new visa (if necessary) to foreigners.

- The duration of extended temporary residence and the duration of the newly issued visa (if any) are appropriate for purposes of entry and proposals of agencies or organizations inviting or guaranteeing, and have a duration not exceeding 12 months, shorter than the duration of the passport of a foreigner by at least 30 days.

- For foreigners have passports that have run out of pages or have lost, the duration of temporary residence is extended and the new visa is issued (if any) are appropriate for purposes of entry and proposals of agencies or organizations inviting or guaranteeing, and has a duration that is consistent with the legal provisions and the identification card duration of members of foreign representative offices in Vietnam issued by the Directorate of State Protocol or the Department of Foreign Affairs.

- Foreigners who have entered Vietnam with visa-free NG1, NG2, NG3, NG4 (=> according to visa exemption cases for NG1, NG2, NG3 and NG4 visas) are considered by the Consular Department or the Department of Foreign Affairs to extend their temporary residence once or more times, with the duration of each extension not exceeding the temporary residence duration previously issued on the basis of dossiers submitted in accordance with the regulations, except in the case of international treaties to which Vietnam is a member otherwise stipulated.

- The Chief of the Consular Department decides to extend temporary residence and issue new visas (if necessary) for foreigners belonging to NG1, NG2, NG3 and NG4 cases who have entered Vietnam with a SQ visa.

- The Minister of Foreign Affairs decides or authorizes the Chief of the Consular Department to decide the application for repatriation with countries in the extension of temporary residence for foreigners, in accordance with the Law on Entry, Exit, Transit, and Residence of Foreigners in Vietnam 2014.

IV/ Questions about the extension of the temporary resident card for foreigners in Vietnam 

1. Will foreigners who lose their temporary resident cards be eligible for the extension?

Candidates are not allowed to extend temporary resident cards for foreigners in Vietnam as follows:...

- Foreigners have their temporary resident cards, but they are damaged or lost. In this case, foreigners need to prepare dossiers to issue a new temporary resident card for the reason that the old one was lost or damaged.

- Foreign nationals have passports, but they have less than 12 months of validity.

- The duration of the temporary resident card is at least one month shorter than that of the passport.

Accordingly, foreigners who lose their temporary resident cards in Vietnam are not allowed to extend the temporary resident card. 

2. The Immigration Department is the only agency that extends temporary resident cards for foreigners in Vietnam.

Pursuant to regulations at Clause 1 and Point a, Clause 3, Article 3 of Circular No. 04/2016/TT-BNG on the competence of the relevant authorities in issuing visas, extending temporary residence cards and issuing temporary resident cards:

- The Consular Department and the Ministry of Foreign Affairs shall receive and deal with (resolve) proposals or notices for issuing visas and extending temporary residence cards to foreigners belonging to NG1, NG2, NG3 and NG4 cases as defined by Clauses 1, 2, 3 and 4, Article 8 of the Law on Entry and Exit.

- The Department of External Relations of Ho Chi Minh City and the Ministry of Foreign Affairs shall receive and resolve proposals of issuing visas and extending temporary residence cards to foreigners belonging to NG1, NG2 and NG4 cases as defined by Clauses 1, 2 and 4, Article 8 of the Law on Entry and Exit at provinces from Quang Nam province and Da Nang City to South areas.

Accordingly, the Immigration Department is not the only agency that extends the temporary resident card for foreigners in Vietnam.

V/ Legal consultation services related to the extension of the temporary resident card for foreigners in Vietnam 

One of the prestigious law firms that provides legal services on the extension of the temporary resident card for foreigners in Vietnam is Ngoc Phu Law Company Limited / Co., Ltd.

When using our services, valued Clients will be supported by highly qualified and experienced experts and lawyers. Valued Clients will be advised on extending the temporary resident card for foreigners in Vietnam with the best solutions. After that, valued Clients may decide to choose a professional lawyer of NPLaw to support Clients in implementing the procedures as well as protecting Clients’ legitimate rights and interests.

If valued Clients need legal assistance regarding the extension of the temporary residence card for foreigners in Vietnam in order to protect your legitimate rights and interests, you can contact NPLaw immediately for timely assistance via the following contact information: