VI In the context of international integration and strong attraction of foreign investment, the presence of foreign workers, experts, and investors in Vietnam is steadily increasing. To ensure their rights and facilitate legal, long-term, and stable residence in Vietnam, the Temporary Residence Card (TRC) plays an extremely important legal role. This is not only proof of permitted temporary residence but also a tool to help foreigners simplify other administrative procedures during their life and work in the country. A thorough understanding of the regulations on the TRC granting procedure is a prerequisite for both foreigners and businesses employing foreign workers, ensuring compliance with Vietnamese law. Let’s delve into what a TRC is and the detailed procedure for applying for this card with Pham Consult.
- What is a Temporary Residence Card (TRC)?
A Temporary Residence Card (TRC) is a type of document issued by the immigration authority or the competent authority of the Ministry of Foreign Affairs to a foreigner who is permitted to reside in Vietnam for a fixed term and has the effect of a visa.
According to Clause 1, Article 36 of the Law on Entry, Exit, Transit, and Residence of Foreigners in Vietnam 2014 (amended and supplemented in 2019), cases eligible for a TRC include:
– Foreigners who are members of diplomatic missions, consular offices, representative offices of international organizations under the United Nations, and intergovernmental organizations in Vietnam, and their accompanying spouses, children under 18 years old, and servants accompanying the term of office: shall be granted a TRC type NG3.
– Foreigners entering Vietnam with visas type LV1, LV2, LS, ĐT1, ĐT2, ĐT3, NN1, NN2, DH, PV1, LĐ1, LĐ2, TT. The TRC in this case shall bear a symbol corresponding to the visa symbol.
- Conditions for Foreigners to be Granted a Temporary Residence Card
To be granted a TRC in Vietnam, a foreigner must meet all the following conditions:
– The foreigner’s current passport must be valid for at least the term of the TRC requested.
– The foreigner must have legally entered and be currently residing temporarily in Vietnam.
– The foreigner must complete the temporary residence registration procedure at the ward/commune police as prescribed.
– The foreigner must belong to the group of subjects eligible for a TRC.
– The foreigner must provide full legal documents and evidence to prove they are eligible for the TRC.
- Validity period of the Temporary Residence Card
The validity period of the TRC granted shall be consistent with the entry purpose and the request of the agencies, organizations, or individuals. The TRC is valid for 1 year to 5 years but must be shorter than the validity of the passport by at least 30 days.
According to Article 38 of the Law on Entry, Exit, Transit, and Residence of Foreigners in Vietnam 2014 (amended and supplemented in 2019), the validity period of the TRC in specific cases is as follows:
– TRC type ĐT1 is valid for no more than 10 years.
– TRC type NG3, LV1, LV2, LS, ĐT2, and DH are valid for no more than 05 years.
– TRC type NN1, NN2, ĐT3, TT are valid for no more than 03 years.
– TRC type LĐ1, LĐ2, and PV1 are valid for no more than 02 years.
– An expired TRC may be considered for a new issuance.
- Application dossier for a Temporary Residence Card
According to Clause 2, Article 16, and Clause 1, Article 37 of the Law on Entry, Exit, Transit, and Residence of Foreigners in Vietnam 2014 (amended and supplemented in 2019), the application dossier for granting a TRC to a foreigner includes the following documents:
(i) Written request from the agency, organization, or individual conducting the invitation or guarantee procedures;
(ii) Declaration form requesting a TRC with a photo attached;
(iii) Passport;
(iv) Documents proving eligibility for TRC consideration, which may include: a work permit, a confirmation of exemption from a work permit, or other documents proving eligibility for TRC issuance;
(v) 02 photos of size 2x3cm (01 photo glued onto the declaration form, 01 loose photo);
If submitting the application online, the passport must be sent via the public postal service to the receiving agency; other components of the dossier must be electronically certified as prescribed. If not yet electronically certified, the dossier must be sent to the receiving agency via the public postal service.
Note: For agencies and organizations applying for a TRC for a foreigner, they must submit the dossier prescribed in Clause 2, Article 16 of the Law on Entry, Exit, Transit, and Residence of Foreigners in Vietnam 2014 (amended and supplemented in 2019) at the immigration management agency, including:
– A certified copy of the license or decision of the competent authority regarding the establishment of the organization.
– A written introduction of the seal and signature of the authorized person of the organization. This dossier submission is only required once. When there are changes to the contents of the dossier, the agency or organization must notify in writing to supplement the dossier.
- Procedure for issuing Temporary Residence Cards to Foreigners
Step 1: Prepare the dossier according to legal regulations.
Step 2: Submit the dossier.
Diplomatic missions, consular offices, or other authorized foreign agencies in Vietnam shall submit the application for TRC type NG3 to the competent authority of the Ministry of Foreign Affairs.
The inviting or guaranteeing agency, organization, or individual shall directly submit the application for a TRC for foreigners falling under the case specified in Point b, Clause 1, Article 36 of the Law on Entry, Exit, Transit, and Residence of Foreigners in Vietnam to the immigration management agency where the inviting/guaranteeing agency/organization is headquartered or where the inviting/guaranteeing individual resides. Alternatively, the dossier can be submitted online via the National Public Service Portal or the Ministry of Public Security Public Service Portal, with supplementary documents sent via the public postal service as instructed by the Immigration Department on the portals (if applicable).
Step 3: Within 05 working days from the date of receiving a complete dossier, the immigration management agency or the competent authority of the Ministry of Foreign Affairs shall consider granting the TRC.
