Permanent Residence In Vietnam
Southeast Asia – in general as well as Vietnam, is always a place on the chart of “best destinations” for expats.
In addition to those claiming travel as a hobby, many foreigners simply want to settle down in Vietnam – a country offering a low yet convenient standard of living.
Hence, holding a Permanent Residence Card affords many benefits for foreigners to take advantage of:
Firstly – Permanent Residence Card holders enter or exit Vietnam visa-free[1].
Secondly – an extension of temporary residence status is unnecessary, as Permanent Residence Card holders are entitled to stay in Vietnam permanently.
Thirdly – foreigners possessing a Permanent Residence Card will enjoy more autonomy, honour, property, and general appreciation of other legitimate rights and protected interests.
Last, but not least – Permanent Residence Card holders may sponsor grandparents, parents, spouses, and children into Vietnam[2].
Although foreigners may permanently reside in Vietnam upon obtaining a Permanent Residence Card, the rules for issuing this particular card are strict.
Guidelines to be considered for being granted a Permanent Residence Card
Foreigners that are considered for a Permanent Residence Card[3]:
There are few instances in which a foreigner will be eligible for a Permanent Residence Card. Eligibility requires meeting any one or more of the following conditions [4]:
Procedure
Step 1: Prepare the dossier pursuant to the Law on entry, transit, exit and residence of foreigners in Vietnam[5].
- Permanent Residence Card Application form;
- A criminal background check issued by a competent authority of the country in which the applicant is a citizen;
- A diplomatic note from a diplomatic mission of the country in which the applicant is a citizen – requesting a grant of permanent residence status to the applicant;
- Certified true copy of the applicant’s passport;
- Documents evidencing the fulfilment of requirements;
- A note of sponsorship applied for foreigners that are sponsored by parents, spouses, or children that are citizens of Vietnam.
- Number of dossier: 01 (one) set.
Step 2: The applicant must submit the Application form to the Immigration Department or the Immigration Office in the police authority of the province where the applicant resides[6].
- Those applicants who have contributed to the development and protection of Vietnam and are awarded medals or titles by Vietnam’s government; and those who are scientists or experts temporarily residing in Vietnam: submit the dossier to the Immigration Department.
- Those applicants who are sponsored by their parent, spouse, or child who is a Vietnamese citizen and has a permanent residence in Vietnam; and those who have no nationality but have resided in Vietnam since 2000 or earlier: submit the dossier to the Immigration Office in the police authority of the province in which the applicant resides.
Immigration officers receiving dossiers will check the legality and content of the dossier:
- If the application is appropriately completed, a receipt will be issued to the applicant.
- If the dossier is not appropriately completed, the officers will refuse it, explain which supplements are needed to complete the dossier appropriately.
Business hours: Monday – Saturday each week (except for public holidays).
Step 3: The Minister of Public Security’s decision will be noted on the PRC application by the Immigration Department[7].
Within 4-months from the date of receipt of the dossier, the Minister of Public Security will consider granting the PRC; if necessary, for additional verification, the application process may be extended for no more than 2-months.
If approved, the applicant will be notified of PRC acceptance within 5 business days from the date of receipt of the notice from the immigration offices of provinces or centrally run cities.
Step 4: Within 3 months – post receipt of notice of acceptance – the applicant will appear (with their receipts and notices of acceptance) at the immigration offices of provinces or centrally run cities to sign for and receive their PRC cards.
Fee (if any): $100.00 USD per PRC card[8].
Application forms (if any): Application forms for permanent residence status (NA12), for foreigners being sponsored, a Sponsorship Letter (NA11) must be included and enclosed
[1] Circular 04/2015/TT-BCA providing forms related to entry, exit and residence of foreigners in Vietnam.
[1] Clause 2 Article 12 the Law on entry, exit, transit and residence of foreigners in Vietnam.
[2] Point c clause 1 Article 44 the Law on entry, exit, transit and residence of foreigners in Vietnam.
[3] Article 39 the Law on entry, exit, transit and residence of foreigners in Vietnam.
[4] Article 40 the Law on entry, exit, transit and residence of foreigners in Vietnam.
[5] Clause 1 Article 41 the Law on entry, exit, transit and residence of foreigners in Vietnam.
[6] Article 5 Circular 31/2015/TT-BCA guides a number of contents on the issuance of visas, temporary residence card, immigration permits, and permanent residence settlement for foreigners in Vietnam.
[7] Article 41 the Law on entry, exit, transit and residence of foreigners in Vietnam.
[8] Circular 25/2021/TT-BTC providing forms related to entry, exit and residence of foreigners in Vietnam.
Contact
Inquiries may be submitted via email or phone provided below:
CNC VIETNAM LAW FIRM
Address: 3rd Floor The Sun Avenue, 28 Mai Chi Tho Boulevard, An Phu Ward, Ho Chi Minh City, Vietnam
Telephone: (+84) 28 6276 9900
Hotline: (+84) 916 545 618
Email: contact@cnccounsel.com
Website: cnccounsel
Lawyer Nguyen Thi Kim Ngan | Partner
Telephone: (84) 919 639 093
Email: ngan.nguyen@cnccounsel.com
Dispensation:
This newsletter has been prepared and published for the purpose of introducing or informing Clients on information about legal issues, opinions and/or developments in Vietnam. Information presented in this newsletter does not constitute any form of legal advice and may be amended without further or advance notice.