VI Foreigners staying in Vietnam beyond the expiration date of their temporary residence cards is a violation of the law, affecting the immigration management of the authorities. This situation can stem from many causes, such as lack of understanding of the law, subjectivity, or unforeseen objective reasons. The consequences of overstaying a temporary residence card do not stop at being fined, but can also lead to deportation and a ban on entering Vietnam in the future. Therefore, it is extremely important for foreigners living and working in Vietnam to clearly understand the relevant legal regulations, understand the level of fines and legal consequences, and know how to handle this situation. Through today’s article, let’s learn about this issue with Pham Consult!
1. Duration of temporary residence card for foreigners
A temporary residence card is a type of document issued by the immigration management agency or a competent authority of the Ministry of Foreign Affairs to foreigners who are allowed to reside for a limited period of time in Vietnam and is valid in lieu of a visa. Depending on the type of card that the foreigner registers for temporary residence, the duration of the temporary residence card will be different. Specifically, Article 38 of the Law on Entry, Exit, Transit and Residence of Foreigners in Vietnam (amended and supplemented in 2019) stipulates the duration of temporary residence cards for foreigners in Vietnam as follows:
– The duration of the temporary residence card issued is at least 30 days shorter than the remaining duration of the passport.
– The temporary residence card with the symbol DT1 is valid for no more than 10 years.
– The temporary residence card with the symbols NG3, LV1, LV2, LS, DT2 and DH is valid for no more than 05 years.
– Temporary residence cards with symbols NN1, NN2, DT3, TT are valid for no more than 03 years.
– Temporary residence cards with symbols LD1, LD2 and PV1 are valid for no more than 02 years.
According to Clause 6, Article 38, when a temporary residence card expires, a foreigner may be considered for a new card. Therefore, if the card is about to expire, a foreigner temporarily residing in Vietnam must request the inviting or sponsoring agencies, organizations or individuals to carry out procedures to re-issue a temporary residence card at the immigration management agency or a competent agency of the Ministry of Foreign Affairs or exit the country. If the temporary residence period expires and the foreigner fails to apply for a new temporary residence card or exits the country, he/she may be subject to administrative sanctions by the competent agency.
2. Penalty for foreigners using expired temporary residence cards
According to Article 18 of Decree No. 144/2021/ND-CP of the Government, in case a foreigner uses an expired temporary residence card, depending on the length of the expiration, the foreigner will be subject to the corresponding penalty, specifically as follows:
– Overdue for less than 16 days: Fine from VND 500,000 to VND 2,000,000.
– Overdue for 16 days to less than 30 days: Fine from VND 3,000,000 to VND 5,000,000.
– Overdue for 30 days to less than 60 days: Fine from VND 5,000,000 to VND 10,000,000.
– Overdue from 60 days to less than 90 days: Fine from VND 10,000,000 to VND 15,000,000.
– Overdue from 90 days or more: Fine from VND 15,000,000 to VND 20,000,000.
In addition, according to Clause 6, Article 18 of Decree 144/2021/ND-CP, individuals who carry out procedures to invite or sponsor foreigners to enter, exit, or reside in Vietnam but do not properly fulfill their responsibilities as prescribed by law or make false statements when carrying out procedures to invite or sponsor foreigners to enter, exit, or reside in Vietnam will also be fined from VND 15,000,000 to VND 20,000,000.
Note: The fine is applied to administrative violations by individuals. For organizations committing the same violation, the fine is twice the fine for individuals.
In addition to the fine, foreigners using an expired temporary residence card will also be subject to an additional penalty of being deported from Vietnam.
3. How to handle an expired temporary residence card for foreigners
Step 1: Go to the immigration management agency to present themselves and pay the fine according to regulations.
When the temporary residence card has expired, foreigners must absolutely not leave the country without permission but must immediately contact the immigration management agency to present their overstay status and strictly comply with the decisions on handling violations. Early contact will help foreigners avoid more serious legal troubles.
Accordingly, foreigners will have to go to the immigration management agency to pay the administrative fine for overstay. The fine will depend on the length of time the foreigner has overstayed his/her temporary stay, and the immigration authority will provide guidance to the foreigner on the necessary documents and procedures for paying the fine. Organizations and individuals who invite or sponsor foreigners may also be subject to administrative penalties for lack of responsibility.
Step 2: Apply for a temporary residence extension or a short-term visa to exit Vietnam. After completing the fine payment procedure, foreigners need to apply for a temporary residence extension for a short period of time or apply for a short-term visa to be able to exit Vietnam legally. Next, if foreigners want to continue staying in Vietnam, they need to prepare documents and apply for a new temporary residence card at the immigration authority.
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