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General:

A temporary residence card (TRC) is a document issued by an immigration authority or a competent authority of the Ministry of Foreign Affairs, granted to foreigners who are allowed to reside for a certain period of time in Vietnam (under Law on Entry, Exit, Transit, and Residence of Foreigners in Vietnam 2014).

Benefits:

Foreigners holding TRC cards will be exempt from visas and can enter and exit multiple times according to the work needs within the duration of the card, thus it helps save time and money for Vietnam visa application as well as Vietnam visa extension during the entry, exit, and residence in Vietnam. Foreigners can stay in Vietnam for a period of time while their temporary residence card is still valid without having to leave Vietnam.

Requirements and conditions:

• Foreigners must temporarily stay for 1 year or more in Vietnam

• The passport is valid for at least 13 months.

Order and procedures:

Step 1: Preparing a dossier in accordance with the law.

Step 2: Submitting the dossier:

1. Agencies, organizations and individuals shall submit the dossier at the offices of the Immigration Department of the Ministry of Public Security:

a) 44-46 Tran Phu, Ba Dinh, Hanoi.

b) 333-335-337 Nguyen Trai Str., District 1, Ho Chi Minh City.

2. Officers receiving the dossier shall check the legality and contents of the dossier:

+ If the dossier is appropriately completed, officers shall receive it, print and hand over a receipt with the date of receiving results.

+ If the dossier is not appropriately completed, officers shall guide the applicant to supplement the dossier.

Working time:

- From Monday to Saturday morning (except for New Year's days, public holidays and Sundays).

Step 3: Receiving the result:

a) The person who comes to receive the result shall present the receipt, the identity card or passport to the officers handing over the result for examination. If a temporary residence card is issued, the officers will ask that person to pay fees, sign for receipt and hand over the temporary residence card (informing that person of the result in case the temporary residence card is not issued)

b) Working time: from Monday to Friday (except for New Year's days, public holidays and Saturdays, Sundays).

- Contents, number of dossiers:

+ Contents of dossiers:

a) A written request for a temporary residence card (form NA6 for agencies, organizations, NA7 for individuals);

b) An information form for a temporary resident card for foreigners (NA8)

c) Documents proving the eligibility to be considered for temporary residence cards that include one of the documents: work permits, certificates of head of representative offices, member of the Board of Directors or other documents that prove the eligibility to be considered for temporary residence cards;

đ) 02 photos in size of 2x3 cm (01 photo glued to the information form, 01 separate photo);

+ Number of dossiers: 01 (one) set.

- Processing time: within 05 working days from the date of receipt of the dossier.

- Subjects of application: Vietnamese agencies, organizations and citizens.

- Competent authorities: Immigration Department, Ministry of Public Security.

- Results of administrative procedures: temporary residence cards.

- Fees (if any):

+ Temporary residence cards valid from 1 to 2 years: US$145/card.

+ Temporary residence cards valid for 2 to 5 years: US$155/card.

- Application forms (if any):

+ A written request for temporary residence cards (form NA6 for agencies, organizations, NA7 for individuals);

+ An information form for a temporary resident card for foreigners (NA8);

Requirements and conditions for administrative procedures (if any):

1. When applying for a temporary residence card to a foreigner, agencies or organizations shall submit the dossier proving their legal person status at the Immigration Department of the Ministry of Public Security.

a) A certified copy of the organization’s establishment license or decision issued by a competent authority

b) A certified copy of the organization's operation registration document issued by a competent authority of the People's Committee of provinces or centrally run cities;

c)  A document introducing the seal and signature of the organization’s competent person;

The above application submission is only submitted once. When there is any change to the content in the dossier, the business must notify in writing the Immigration Department to supplement the dossier.

2. Foreigners who enter for the purpose of operation in accordance with the provisions of Vietnamese law, and are not subject to "suspension from exit" as specified in the law, may be considered for a temporary residence card valid for 1 year to 3 years. Temporary residence cards are not issued in the following cases:

a) Being examined for penal liability or being defendant in civil, economic, or labor disputes;

b) Being obliged to execute criminal judgments;

c) Being obliged to execute civil and economic judgments;

d) Being obliged to comply with decisions on administrative sanctions, tax obligations and other financial obligations.

- Legal basis of administrative procedures:

+ Law on foreigner’s entry into, exit from, transit through, and residence in Vietnam (Law No. 47/2014/QH13, dated June 16, 2014).

+ Circular No. 04/2015/TT-BCA, dated January 5, 2015 of the Ministry of Public Security, providing for forms related to entry, exit and residence of foreigners in Vietnam

+ Circular No. 219/2016/TT-BTC dated 10/11/2016 of the Ministry of Finance regulating collection, payment, management and use of fees and charges in the fields of exit, entry, transit and residence in Vietnam.

Vietnam TRC extension:

TRC can be extended when it expires. Following documents are required:

• Application form for visa issuance, stay extension (Form NA5)

• Passport

Procedures are the same as TRC application.

A US $10 fee is charged for Vietnam temporary residence card extension. The processing time takes 5 working days from the date of receipt of all valid documents.

1. What is a Work permit for foreign employees?

Work permit - or more precisely work permit for foreigners working in Viet Nam, is a document issued by Vietnamese competent authorities to foreign employees when they meet certain conditions as stipulated by law.

A foreign employee who is granted a work permit is considered to work legally and has their legitimate rights and interests protected in labor relations.

2. Conditions for foreign workers working in Viet Nam:

• To be at least 18 years of age and have full civil act capacity.

• To have technical, professional, or occupational qualifications and experience, and suitable health as stipulated by the Minister of Health.

• Must not be a person who is serving a sentence or has not yet had their criminal record repealed or is subject to criminal prosecution in accordance with foreign or Vietnamese law.

• Has a work permit issued by an authorized state management agency of Vietnam, except for cases stipulated in Article 154 of the Code.

(Labor Code 2019, Article 151.1.)

Foreign workers working in Viet Nam must comply with the above-mentioned conditions and the Code of Labor of Viet Nam, and shall be protected by Vietnamese law, unless otherwise provided for by international treaties of which the Socialist Republic of Viet Nam is a party.

3. Who is subject to work permit granting in Viet Nam?

Subject to be able to apply for a work permit has been defined clearly in Decree 152/2020/ND-CP on the Work permit for foreign employees in Vietnam. They are foreigners who enter Vietnam for the following purposes:

• Executing the labor contracts;

• Performing intra-company transfer program;

• Executing contracts or agreements on business, commerce, finance, banking, insurance, science and technology, culture, sports, education, vocational training, and health;

• Providing services under contracts;

• Offering services;

• Working for foreign non-governmental organizations or international organizations in Viet Nam that have been granted operating licenses under the Viet Nam law;

• Working as managers, chief executive officers, experts, technicians;

• Participating in the execution of bid contracts and projects in Viet Nam.

In addition, the law also stipulates those who are qualified to sponsor a work permit for foreign employee are the following:

• Enterprises operating under the Enterprise Law, Investment Law or international treaties to which the Socialist Republic of Viet Nam is a party;

• Contractors participating in bids and performing contracts;

• Representative offices, branches of enterprises, agencies and organizations licensed to be established by competent authorities;

• State agencies, political organizations, socio-political organizations, socio-political-professional organizations, social organizations, socio-professional organizations;

• A foreign non-governmental organization has been granted license by a competent Vietnamese authority in accordance with the provisions of Vietnamese law;

• Non-business organizations and educational institutions established under the provision of Vietnamese law;

• International organizations, offices of foreign projects in Viet Nam; agencies and organizations allowed to be established and operated by the Government, Prime Minister, ministries and sectors in accordance with Vietnamese law;

• The operating office of the foreign investors under business cooperation contract or of foreign contractors is licensed to operate under the provision of Vietnamese law;

• Organizations operate in the area of law in Viet Nam under the provision of Vietnamese law;

• Cooperatives and unions of cooperatives established and operated under the Code of Cooperatives;

Business households and individuals are allowed to do business under the provision of Vietnamese law. 

4. Conditions for issuance of work permits:

To apply for a work permit, a foreign employee must fully meet the following conditions:

• Foreign employee must have his/her full capacity for civil acts as prescribed by law.

• Foreign employee must demonstrate his/her health conditions are suitable for the requirement of the vacancy.

• Foreign employees must not be criminals or undergoing criminal prosecution in accordance with Vietnamese law and external law.

• Foreign employee must be manager, chief of operation, expert or technician and must be able to provide document proving status in accordance with Decree 152/2020/NĐ-CP - Article 3 as follow:

For Foreign Expert:

+ Having a bachelor's degree or higher or equivalent and have at least 3 years of experience working in the trained field relevant to the job position the foreign worker is expected to work for in Viet Nam;

+ Having at least 5 years of experience and practice certificate relevant to the job the foreign worker is expected to work in Viet Nam, with a stamp of consular legalization.

For technical worker:

+ An individual that has been training in a technical field or another major for at least one year and has been working for at least three years in their trained field, with stamp of consular legalization; or

+ Having at least five years’ experience related to the job for which they will be employed in Viet Nam.

For an executive, manager:

+ Decision for Appointment;

+ Having at least five years’ experience related to the job for which they will be employed in Viet Nam.

5. Documents required for a work permit application include:

• An application form for a work permit of the employer is specified in form No.11/PL1 Appendix attached with Decree No.152/2020/ND-CP.

• Fitness to work certificate issued by a foreign or Vietnamese competent health facility is issued within 12 months before the submission date of the application or the certificate as specified in regulations of the Minister of Health.

• The criminal record or certificate confirms that the foreign worker is not a criminal or liable to criminal prosecution issued by the foreign competent agency. This record or certificate shall be issued within 06 months from the date of issuance to the date of application.

• It is required to provide one of the following documents in case foreign employee is a manager, chief executive officer, expert, or technician: 

• Documents confirm that the foreign worker is a manager, executive as stipulated by law and regulations.

• Documents confirm that the foreign worker is an expert, technical worker including diplomas, certificates, certification of foreign agency, organization, enterprise in respect of some years’ experience of the expert or technical worker.

• Documents confirm that the foreign worker is an experienced foreign football player, or an international transfer certificate (ITC) issued to the foreign football player or a document of the Vietnam Football Federation which certifies temporary or official registration of a player of a club affiliated to Vietnam Football Federation.

• Documents confirm that the foreign worker has a pilot license issued by a Vietnamese competent authority or issued by a foreign competent authority and validated by the Vietnamese competent authority, in case of a foreign pilot; or a certificate of eligibility for working on aircraft issued by the Ministry of Transport, in case of a flight attendant.

• Documents confirm that the foreign worker has a certificate of competency in aviation maintenance issued by a Vietnamese competent authority or issued by a foreign competent authority and validated by the Vietnamese competent authority, in the case of a foreign worker who performs maintenance on aircraft.

• Documents confirm that the foreign worker has a certificate of competency or validation of a certificate of competence issued by Vietnamese competent authority to a foreign crew member of a ship/vessel.

• Documents confirm that the foreign worker has a certificate of high achievement in sports which is certified by the Ministry of Culture, Sports and Tourism, in case of a sports coach or at least one of the following certificates: AFC (Asian Football Federation) football coaching level B certificate or AFC goalkeeping coaching level 1 certificate or AFC fitness coaching level 1 certificate or AFC Futsal coaching level 1 certificate or any equivalent foreign certificate accredited by AFC.

• Documents confirm that the foreign worker has a diploma issued by the competent authority following qualifications or standard qualifications in the Law on Education, the Law on Higher Education, the Law on Vocational Education and Regulation on organization and operation of foreign language and computer training centers issued by the Minister of Education and Training.

• 02 colored photos (4cm×6cm, with white background, frontal side, bare-headed, and no colored glasses). Photos shall be taken within 06 months of the date of application.

• An acceptance of demand for foreign workers unless it is not required.

• 01 notarized copies of the valid passport.

• Documents relevant to the foreign worker: 

• For a foreign worker performing an intra-company transfer program, he/she must obtain a document issued by the foreign company to send him/her to work at a commercial presence of that company in Vietnam’s territory and a document justifying that he/she has been recruited by the foreign company at least 12 consecutive months before the transfer date;

• For a foreign worker executing contracts or agreements on business, commerce, finance, banking, insurance, science and technology, culture, sports, education, vocational training, and health, an agreement or arrangement concluded between Vietnamese and foreign partners is required, which specifies the arrangement about sending foreign workers to Viet Nam;

• For a foreign worker providing services under contracts, a service contract concluded between Vietnamese and foreign partner is required and a document justifying that he/she has worked for the foreign company that has no commercial presence in Vietnam for at least 2 years;

• For a foreign worker doing offer services, he/she must obtain a document issued by the service provider to send him/her to Viet Nam to negotiate the service provision;

• For a foreign worker working for foreign non-governmental organizations or international organizations in Vietnam that have been granted operating licenses following the Viet Nam law, he/she must obtain both a document that sends him/her to work for a foreign non-governmental organization or international organization in Viet Nam under the provision of Vietnamese law;

• For a foreign worker working as a manager, chief executive officers, experts, technicians, he/she must obtain a document issued by the foreign enterprise, agency, or organization to send him/her to work in Vietnam that is conformable with the expected job position.

6. Authorities issuing Work Permit:

According to Circular 40/ 2016/TT-BLĐTBXH - Article 3, the competent authorities for issuing work permits are:

Ministry of Labor – Invalids and Social Affairs

Provincial/Municipal Department of Labor – Invalids and Social Affairs

The issuance of the work permit is based on the type of enterprise or organization where the foreign employee works.

7. Work permit procedure for foreign employee in Viet Nam

7.1. Request for acceptance of hiring foreign employees.

At least 30 days before the commencement of employment, Employers (except bidders) that require hiring a foreign employee must submit a written request to the Ministry of Labor, War Invalids and Social Affairs or Chairman of the People’s Committee at provincial level to report its demand for foreign employees.

1. Overview

The Vietnamese Government has clearly expressed its position “marriage and family relations involving foreign elements shall be respected and protected in accordance with Vietnamese law and treaties to which the Socialist Republic of Vietnam is a contracting party”, according to Article 121, Law on Marriage and Family 2014.

At that time, if marriage with a foreigner is performed in Vietnam/or a foreigner permanently residing in Vietnam, the foreigner will have to comply with the provisions of Vietnamese law on marriage conditions and procedures for applying for a marriage registration certificate, along with meeting the marriage conditions of their country.

2. Who can apply

Foreigners and Vietnamese who want to register for marriage in Vietnam need to meet the conditions of Article 8, Law on Marriage and Family 2014.

- The man is full 20 years or older, the woman is full 18 years or older;

- The marriage is voluntarily decided by the man and woman;

-  The man and woman do not lose the civil act capacity;

- The marriage does not fall into one of the cases prescribed at Points a, b, c and d, Clause 2, Article 5 of this Law including:

• Sham marriage or sham divorce means making use of a divorce to shirk property obligations or violate the policy and law on population or for another purpose other than that of terminating a marriage;
• Underage marriage, forcing a person into marriage, deceiving a person into marriage, obstructing marriage;
• A married person getting married to or cohabitating as husband and wife with another person, or an unmarried person getting married to or cohabitating as husband and wife with a married person;
• Getting married or cohabiting as husband and wife between people of the same direct blood line; relatives within three generations; adoptive parent and adopted child; or former adoptive parent and adopted child, father-in-law and daughter-in-law, mother-in-law and son-in-law, or stepparent and stepchild.

*Note: The State shall not recognize marriage between persons of the same sex.

3. Required documents

To register a marriage involving a foreign element, the applicant needs to fully prepare the following documents to avoid errors that cause loss of time and money.

- Documents to submit: