Proof of temporary residence of foreigners under current legal regulations

In the context of deep international integration, the number of foreigners coming to live, study, and work in Vietnam has been steadily increasing. The management of residence, particularly the temporary residence status of foreigners, has become an important issue of immigration administration, ensuring public order and implementing socio-economic policies. The below article by NPLaw clarifies the relevant legal provisions on proof of temporary residence of foreigners in Vietnam.

In the context of deep international integration, the number of foreigners coming to live, study, and work in Vietnam has been steadily increasing. The management of residence, particularly the temporary residence status of foreigners, has become an important issue of immigration administration, ensuring public order and implementing socio-economic policies. The below article by NPLaw clarifies the relevant legal provisions on proof of temporary residence of foreigners in Vietnam.

I. Introduction to proof of temporary residence of foreigners in the current period

1. Definition

The proof of temporary residence of foreigners is understood as the act of the foreigner providing documents or information to confirm their lawful temporary residence in Vietnam during their stay.

This may be done through a temporary residence card issued by the local police authority or via the online temporary residence declaration system of the Ministry of Public Security.

2. Reasons for requiring proof of temporary residence of foreigners

Ensuring compliance with laws on immigration and residence.
Serving as a condition for implementing administrative procedures, such as: application for work permits, business registration, tax declaration, property purchase, marriage, etc.
Contributing to population management and the maintenance of public security and order.

3. Common forms of proof of temporary residence of foreigners

Temporary Residence Card issued by the ward/commune police authority.
Temporary Residence Declaration Form confirmed or recorded in the National Database.
Online Temporary Residence Confirmation through the residence management system of the Ministry of Public Security.

II. Legal provisions on proof of temporary residence of foreigners

1. Relevant legal regulations

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

2. Sanctions for violations relating to proof of temporary residence of foreigners

Pursuant to 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 any of the following acts:
+ Foreigners entering areas subject to permits without such permits, or traveling beyond the permitted scope or duration;
+ Foreigners using temporary residence certificates, temporary residence extensions, temporary residence cards, and permanent residence cards that have not been issued or exchanged in Vietnam for more than 16 days without permission from the competent authority.
A fine ranging from 3,000,000 VND to 5,000,000 VND shall be imposed for any of the following acts:
+ Foreigners using temporary residence certificates, temporary residence extensions, temporary residence cards, and permanent residence cards that have not been issued or exchanged in Vietnam for more than 16 days but less than 30 days without permission from the competent authority;
+ Tourist accommodation establishments failing to establish internet or computer network connections with the provincial/municipal immigration management authority to transmit temporary residence declaration information of foreigners;
Accommodation establishments for staying overnight without declaring temporary residence or failing to update temporary residence information as required; or foreigners failing to provide information or providing false one to the accommodation establishment for temporary residence declaration in accordance with the law.
A fine ranging from 5,000,000 VND to 10,000,000 VND shall be imposed for foreigners using temporary residence certificates, temporary residence extensions, temporary residence cards, and permanent residence cards that have not been issued or exchanged in Vietnam for 30 days to less than 60 days without approval.
A fine ranging from 10,000,000 VND to 15,000,000 VND shall be imposed for foreigners using temporary residence certificates, temporary residence extensions, temporary residence cards, and permanent residence cards that have not been issued or exchanged in Vietnam for 60 days to less than 90 days without approval.
A fine ranging from 15,000,000 VND to 20,000,000 VND shall be imposed for foreigners using temporary residence certificates, temporary residence extensions, temporary residence cards, and permanent residence cards that have not been issued or exchanged in Vietnam for 90 days or more without approval.

III. Questions on proof of temporary residence of foreigners

1. Can an employment contract be used as proof of temporary residence of foreigners?

An employment contract is not considered evidence of temporary residence. However, it may be used in combination with a temporary residence confirmation to demonstrate residency for related administrative procedures.

2. What is the solution if the temporary residence of a foreigner is not confirmed?

Foreigners are required to contact the commune/ward police authority of the place of residence to declare temporary residence and request a confirmation. If the failure results from the accommodation establishments, they shall take responsibility.

3. If a foreigner has multiple temporary residence addresses, is proof of all addresses required?

Depending on the purpose of use (e.g., work permit application, business registration, etc.), foreigners are only required to prove their current, lawful temporary residence address with a duration consistent with the requirements of the competent authority.

4. Can proof of temporary residence be conducted online?

Many localities have implemented an online temporary residence declaration system.

Foreign nationals and accommodation providers may declare and download temporary residence confirmation forms online through the system of the Ministry of Public Security (or the provincial/municipal police authority).

5. Is proof of temporary residence required when applying for a work permit?

According to Article 9 of Decree No. 152/2020/ND-CP, foreigners are not required to prove temporary residence status when applying for work permits. However, the application dossier must include a criminal record certificate issued abroad or Criminal Record Form No. 1 issued in Vietnam, together with certified copies of all pages of the passport and visa.

IV. Should foreigners seek legal consultation for support in matters of proof of temporary residence?

Proof of temporary residence may encounter difficulties due to language barriers, complex legal frameworks, and inconsistent application across localities. Therefore, seeking legal consultation is highly advisable, particularly in cases where:

Foreigners wish to apply for visas or work permits;
Issues arise with temporary residence confirmations or sanctions are imposed;
Issues regarding long-term residence rights, visa conversion, or legalization of residence addresses.