Photo: Collected

Question 1. Which countries are allowed to have multiple nationalities?

Answer - The following typical countries allow multiple citizenship: Australia, UK, France, USA, Canada. You can apply for naturalization and hold 2, 3 or more nationalities as you wish.

Question 2. If I have more than 1 nationality, which passport should I use for entry and exit?

Answer - According to the Law on Entry, Exit, Transit, and Residence of Foreigners in Vietnam 2014,

Foreigners with multiple passports may only use one passport to enter, exit, transit, and reside in Vietnam.

In general, when you leave/enter Vietnam, if you use a Vietnamese/foreign passport, you must use a Vietnamese/foreign passport when entering/exiting Vietnam.

Question 3. Will Vietnamese citizens who are granted a foreign nationality lose their Vietnamese nationality?

Answer - The Law on Vietnamese Nationality states that Vietnamese citizens can hold only one citizenship which is Vietnamese. However, in special cases, the Vietnam Government may allow dual citizenship. These are:

1. Vietnamese residing abroad but still keep their Vietnamese nationality before 1st July, 2009.

2. Cases in which citizens obtain Vietnamese citizenship without losing their other citizenships, according to Clause 3, Article 19 of the Law on Vietnamese Nationality, and Article 9 of Decree No. 16/2020/ND-CP dated February 03, 2020 on elaborating to Law on Vietnamese Nationality. 

3. Cases in which citizens are allowed to reclaim Vietnamese citizenship without losing their other citizenships, according to Clause 5, Article 23 of the Law on Vietnamese Nationality, and Article 14 of Decree No. 16/2020/ND-CP dated February 03, 2020 on elaborating to Law on Vietnamese Nationality.

4. Cases in which Vietnamese children are adopted by foreigners, according to article 37 of the Law on Vietnamese Nationality.

Question 4. In case a person has dual nationality, one nationality is Vietnamese, can he/she buy and have his/her name on the Certificates of land use rights?

Answer - Yes, people with dual citizenship can buy and have their names on the Certificates of land use rights like Vietnamese citizens without being limited to the same rights as foreigners. People with dual nationality, one nationality being Vietnamese, are still recognized as Vietnamese citizens with full rights and obligations to the State of Vietnam.

Photo: Freepik

One of the biggest questions is: Do I need to apply for a visa when I already have a Temporary Residence Card (TRC)? Or, Do I have to own a visa first in order to get a TRC?

We will answer all of your questions by looking at the correlation of these two important immigrant documents: Visa and TRC.

First, 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). 

Just by its definition, TRC seems to be similar to a long-term visa in terms of functions, but TRC can offer foreigners some special advantages that visas do not.

• This card allows foreign nationals to stay in Vietnam for a period of time while their TRC is still valid without having to leave Vietnam.

• TRC grants the convenience of multiple entries, meaning that you can enter and exit Vietnam as many times as you want within the duration of the card, without the necessity of visa applications or extensions,

Second, the relationships of Vietnam Visa and TRC is also stated clearly in TRC’s validity:

The Vietnam TRC is offered in various categories, each with its designated validity period:

• 1-2 years: Tailored for foreign employees and their dependents, identified by symbols such as LD1, LD2, and TT.

• 2-5 years: Geared towards investors, diplomats, overseas students, and others, denoted by symbols including DT2, DT3, NN1, NN2, NG3, LV1, LV2, LS, and DH.

• Less than 10 years: Specifically allocated for investors, indicated by the symbol DT1

Third, a valid visa is one of the required documents to apply for a TRC.

• Written request for the issuance of a Temporary Residence Card submitted by the guarantor (Form NA6 for agencies and organizations; Form NA7 for individuals).
• Information form for the Temporary Residence Card (Form NA8).
• Copy of the passport and a valid visa (bring the original passport for comparison)
• 02 photos size 2x3cm (one to attach to the form, one to be kept separately).
• One of the following documents case by case:

• • Copy of the Business Registration Certificate of the guarantor (agency, organization, or enterprise)

  • Work permit/Work permit exemption certificate. 

  • In case of applying for a TRC without Work Permit:

• • Investment registration certificate and Enterprise Registration Certificate;

  • License for the establishment of a representative office or branch of the company (if any)

  • Certificate from a member of the Board of Directors. 

  • Marriage certificate, family register, etc., if applying for a TRC for foreigners who are family members. 

• Proof of Temporary residence declaration or Certification of temporary residence in the locality with the seal of the Commune Police. 

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Police have said foreigners could face deportation if found failing to declare their temporary residence with local public security authority as HCMC prepares to inspect all accommodation establishments.

The Immigration Department under the HCMC Police said foreigners temporarily residing in Vietnam must have the person directly managing and administering their accommodation establishment declare their temporary residence to the local police.

Foreigners must self-declare if owning a home or renting a long-term house that their landlord cannot support. In addition, foreigners can declare their temporary residence online.

A foreigner walks inside a small alley in Bui Vien backpacker area in downtown HCMC 2021. Photo by VnExpress/Thanh Tung

Accommodation establishments failing to declare temporary residence for foreigners staying at their places will be fined up to VND 40 million (US$1,690), the department said, as cited by Thanh Nien newspaper.

Foreigners who fail to declare their residence face punishments including deportation, depending on whether they also use fake papers or commit other violations during their stay.

The registration of temporary residence is free of charge.

Starting on August 1, HCMC will begin a month-long campaign to inspect all facilities that accommodate foreigners to prevent criminal activities.

Police said many accommodation establishments "are not well aware" of declaring temporary residence for foreigners.

The southern metropolis is currently home to around 100,000 foreigners, the highest number among all localities in Vietnam. The city has around 80,000 accommodation facilities, including hotels, apartments, houses, and other homes.

HCMC police have allowed foreigner’s stays to be reported online through the immigration management division's website https://hochiminh.xuatnhapcanh.gov.vn since 2007.

Source: VnExpress

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When your Vietnam work permit becomes expired, you need to extend your Vietnam work permit. When your work permit becomes lost or damaged, you need to get it reissued. So, what is Vietnam work permit extension/reissuance, and how to get it done smoothly. You will get the answer here.

This post about Vietnam work permit extension and reissuance will cover:

• Vietnam work permit extension

• Vietnam work permit extension requirements

• How to extend Vietnam work permit

• Validity of the extended work permit of Vietnam

• Vietnam work permit reissuance

• Requirements for Vietnam work permit reissuance

• How to get Vietnam work permit re-issued

• Validity of the reissued Vietnam work permit.

1. Vietnam work permit extension

Vietnam work permit extension (or Vietnam work permit renewal) is the process to extend the validity of the work permit which is about to expire. According to Article 155 of the Labor Code No. 45/2019/QH14, a work permit is valid for up to 02 years and can be extended ONCE for a maximum 02 years.

Important note: Paying attention to your Vietnam work permit to get it extended before its expiry date is very important, as foreigners working in Vietnam with an expired work permit may be subject to deportation and their employers may be subject to a fine of up to VND 75,000,000. 

1.1 Vietnam work permit extension requirements

As provided for in Article 5 Decree No. 152/2020/ND-CP taking effect on February 15, 2021, your Vietnam work permit can be extended when the following requirements are met:

• Your work permit is valid for 5 to 45 days only;

• Your employer gets approval of demand on employing foreign workers (as mentioned in Step 1 of the work permit extension procedure below); and

• There is a document supporting that you will continue working for the employer as specified in the work permit to be extended.

1.2 How to extend Vietnam work permit

Here come 4 steps of the Vietnam work permit extension procedure:

Step 1: Obtain approval of demand on employing foreign workers

At least 35 days before the expiry date of the work permit, the employer shall submit the application for approval of demand on using foreign workers.

In this step, the employer needs to prepare the following documents:

• Registration form for demand on using foreign workers (Form No. 02/PLI issued under the Decree No. 152/2020/ND-CP)

• Certified copy of business registration.

Then, all these documents will be submitted to the Ministry of Labor, War Invalids and Social Affairs or People’s Committee of the Province or central-affiliated city where the foreign worker is working.

The employer will get the approval after 10 working days.

Step 2: Prepare documents to renew Vietnam work permit

In this step, the employer will prepare the following documents for Vietnam work permit renewal/extension:

• Application form for Vietnam work permit extension (Form No. 11/PLI);

• 02 4*6cm photos taken within 6 months;

• Unexpired work permit;

• Original approval of demand for foreign workers, unless it is not required;

• Original health check;

• Any documents to support that the foreign worker will continue working with the employer specified in the concerned work permit. In case those documents are issued abroad, it should be legalized, translated into Vietnam and certified unless it is subject to consular legalization exemption.

Quantity: 01 set

Step 3: Submit documents to renew work permit in Vietnam

At least 5 to 45 days before the work permit becomes expired, the employer shall submit the documents prepared to the Ministry of Labor, War Invalids and Social Affairs that or the Department of Labor, War Invalids and Social Affairs that issued the current work permit.

Step 4: Get the extended work permit

The Ministry of Labor, War Invalids and Social Affairs or Department of Labor, War Invalids and Social Affairs shall, within 5 working days after receiving a duly completed application, renew the Vietnam work permit. If the application is rejected, a written explanation shall be provided. 

1.3 Validity of Extended work permit in Vietnam

Like a new work permit, the extended work permit is valid for the same validity of either of the following documents but not exceeding 02 years:

• Employment contract to be signed between the employer and the foreign worker;

• Foreign worker’s assignment in Vietnam by the foreign party;

• Contract or agreement concluded between Vietnamese and foreign partners;

• Service contract or agreement concluded between Vietnamese and foreign partners;

• Duration determined in the document issued by the service provider to send the foreign worker to Vietnam to negotiate the service provision;

• Validity period in operation license of the agency, organization or enterprise;

• Duration determined in the document issued by the service provider to send the foreign worker to Vietnam to establish a commercial presence;

• Duration stated in a document proving the foreign worker’s eligibility to participate in the operation of a foreign company that has established its commercial presence in Vietnam;

• Duration stated in the acceptance of employment of foreign workers.

2. Vietnam work permit reissuance

The re-issuance of Vietnam work permit has been clearly defined in the Decree No. 152/2020/ND-CP as follows:

2.1 Requirements for Vietnam work permit reissuance

According to Article 12 of such Decree, the work permit of Vietnam will be re-issued in the following cases:

• The unexpired work permit is lost.

• The unexpired work permit is damaged.

• The unexpired work permit needs changes of full name, nationality, passport number, or working place thereon.

2.2. How to get Vietnam work permit reissued

The process of applying for work permit reissuance will cover 2 steps as follows:

Step 1: Prepare document for re-issuing work permit

In this step, the employer will need to prepare the following documents:

• Application form for Vietnam work permit reissuance (Form No. 11/PLI);

• 02 4*6cm photos taken within 6 months;

• Certification by the Police office at commune level in Vietnam or any competent authority in foreign country in case of lost work permit. It is original or certified true copy if issued in Vietnam, otherwise, it should be legalized, translated into Vietnamese and certified; OR

• Documented evidence in case of changes of work permit details subject to work permit reissuance. It is original or certified true copy if issued in Vietnam, otherwise, it should be legalized, translated into Vietnamese and certified;

• Original approval of demand for foreign workers, unless it is not required;

Step 2: Submit documents and receive re-issued work permit

The employer will submit the documents mentioned above to the Ministry of Labor, War Invalids and Social Affairs that or the Department of Labor, War Invalids and Social Affairs that issued the lost/damaged/changed work permit. This authority will re-issue the work permit after 03 working days of receiving full valid documents. In case of refusal, a detailed explanation will be provided.

2.3 Validity of the reissued Vietnam work permit

The reissued work permit will be valid for the remaining validity of the lost/damages/changed work permit.

Source: vietnam-visa.com