Automatic Extension of Temporary Residence for Foreigners in Vietnam

On May 18th, 2020 of the Immigration Department, issued a Notice of “Automatic Extension of Temporary Residence” for foreigners. Accordingly, foreigners who enter the country on the basis of visa exemption or entry on e-visas or tourist visas from March 1st, 2020 are now “automatically extended temporary residence” until the end of June 30th, 2020.

They may exit during the above period without having to carry out procedures for extending the temporary residence. In case of entry before March 1st, 2020, if proved to be stuck due to Covid-19 epidemic, certified by the diplomatic mission through a diplomatic note (with a Vietnamese translation) or a written certification issued by the Vietnamese competent authority on isolation, treatment of Covid-19 or other force majeure reasons, the foreigners are also considered to emjoy “automatic extension of temporary residence” until June 30, 2020 and must present the above note or confirmation document on exit.

In the meantime, the foreigners during the “automatically extended temporary residence” period must still declare temporary residence and medical declaration as prescribed.

Foreigners who are not subject to the above provisions or have committed other law violations shall comply with current provisions of Vietnamese law.

Immigration lawyers in Vietnam at ANT Lawyers in Vietnam always follow changes in the immigration laws to provide update to the client.

Please click here to learn more about ANT Lawyers Foreign Investment Practice or contact our lawyers in Vietnam for advice via email ant@antlawyers.vn or call our office at +84 28 730 86 529.

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How long is duration of TRC issued to foreigners married to Vietnamese?

Temporary residence card is a document issued by an immigration authority or a competent authority of the Ministry of Foreign Affairs to a foreigner who is allowed to reside for a limited period of time in Vietnam and is valid for visa replacement. Temporary residence card is issued for a definite time, depending on the purpose of entry. When having a temporary residence card, foreigners will be exempted from visa when entering Vietnam.

Under the provisions of the Law on entry, exit, transit, and residence of foreigners in Vietnam 2014, temporary residence cards issued to wife/husband of Vietnamese citizen has symbol “TT”. Temporary residence card is issued by an immigration authority where the Vietnamese citizen resides for a definite time. The duration of thetemporary residence card is granted in accordance with the purpose of entry and the proposal of the guaranteeing agency, organization or individual.

In order to be granted temporary residence card, foreigners carry out procedures for applying for temporary residence card. Specifically, the inviting entity shall apply for issuance of a temporary residence card on behalf of an eligible foreigner at Immigration Administration Department or Division of immigration administration of police authority of the province or central-affiliated city (hereinafter referred to as province) where the inviting entity resides.

A dossier of application for a temporary residence card comprises: ) A written request from the inviting entity (Form NA7); A declaration bearing a picture (Form NA8); Passport and marriage registration certificate issued by a competent authority. Within 5 working days after receiving a complete dossier, the Immigration Department or the Immigration Department of Public Security of the province or city directly under the Central Government shall consider and grant a temporary residence card to the wife/husband of Vietnamese citizen.

Normally, temporary residence cards are valid from 01 year to 05 years but at least 30 days shorter than passport. TT temporary residence cards are issued for no more than 03 years. In case of expiration of temporary residence card, the competent agency shall consider and grant a new card according to the provisions of law. Specifically, Vietnamese citizens directly send a written request for extension of temporary residence together with the passports of foreigners to competent agencies. Within 05 working days from the date of receipt of the complete application, the immigration authority or the competent authority of the Ministry of Foreign Affairs shall consider extending the temporary residence.

Immigration lawyers in Vietnam at ANT Lawyers will be capable to assist clients on visa application and working with immigration departments in Vietnam to help clients. The changes of laws will be monitored by ANT Lawyers.  For advice or service request, please contact us via email ant@antlawyers.vn or call +84 28 730 86 529.

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Temporarily Stop Granting Work Permits to Foreigners Originating from Infected Area Because of Covid-19

An outbreak of acute respiratory infections caused by a new strain of Corona virus (nCoV) was first detected in Wuhan City, Hubei Province, China in December 2019. Up to now, the disease has spread to many cities in China and more than 20 countries in the world including Vietnam. Facing new complicated movements of the acute respiratory disease epidemic caused by a new strain of Corona virus (Covid-19), on February 2^nd, 2020, the Vietnam Minister of Labor, War Invalids and Social Affairs issued Official Dispatch No. 01/CD-LDTBXH on strengthening measures to prevent and control Covid-19 epidemics through the tighter control of immigration process, including the grant of visa, work permit, temporary residence card for foreigners originating from infected area.

Immigration Lawyers in Vietnam

Accordingly, the Ministry of Labor, War Invalids and Social Affairs shall propose the Employment Department and the Department of Labor, War Invalids and Social Affairs, the Management Boards of industrial parks, export processing zones and economic zones of localities to temporarily stop granting work permit for foreign workers from epidemic areas during the time when Vietnam declared the disease. This affects the entry into Vietnam of foreign workers who have not yet been granted a work permit under the law. According to Article 10 of the Law on Entry, Exit, Transit, and Residence of Foreigners in Vietnam 2014; Point c Clause 4 Article 1 of the Law on Entry, exit, transit and residence of foreigners in Vietnam amended in 2019; Clause 16, Article 1 of the Law on Entry, Exit, Transit, and Residence of Foreigners in Vietnam amended in 2019 foreign workers to be granted LD1, LD2 visas and temporary residence cards of the same type, should be issued with a work permit in Vietnam. In addition, foreign investors in Vietnam are also affected, because the temporarily stoppage of granting of work permits will also affect the application for certification of foreign workers’ eligibility for exemption from work permit for investors, it also affects the foreign investor’s temporary residence card application.

In addition, it is required that enterprises and organizations employing foreign workers to temporarily stop accepting workers from China returning Vietnam after Tet holiday to work and foreign workers moving to endemic areas during the Covid-19 epidemic announcement. In case of having received such, the enterprise must report the list of employees who have just returned to Vietnam from China with the necessary information as required, carry out isolation measures at places of residence and workplaces under the guidance of the health authorities, and at the same time monitor and examine health within 14 days from the date of entry into Vietnam.

Labour lawyers at ANT Lawyers shall closely monitor the changes of labour law to provide client with update.

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How do you get an idea patented?

While an idea is not eligible for patent protection, most reproduceable inventions are. If you have created something new, novel, and reproduceable, chances are that your creation is eligible for legally enforceable intellectual property rights protection.

Vietnam patent 

It’s important to understand that not all creations are treated the same under the law. If you’re an artist, author, or musician and you’ve created an original work of art or authorship, your work isn’t patentable. Instead, you’ll want to register the copyright for your work (which is created as soon as your work is fixed in a tangible form) with the U.S. Copyright Office. If your business has developed a branding tool, such as a graphic, logo, phrase, original domain name, etc. then you’ll need to register your original trademark with the United States Patent and Trademark Office. However, if your novel and reproduceable creative work is a manufactured product, process, machine, product design, or plant species, that work may be patentable.

Source: Quora

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Temporary residence card for foreigner in Vietnam

If the foreign investor, the employee needs to reside in Vietnam to be able to facilitate the implementation of investment, labor contract, the investor and the employee needs to have the company sponsored and proceed to apply Temporary residence card in accordance with the purpose of residence in Vietnam.

Temporary residence card is a document issued by an immigration authority or a competent authority of the Ministry of Foreign Affairs to a foreigner who is permitted to reside for a limited period of time in Vietnam and is valid for visa replacement. When a temporary residence card is available, the foreign investor or worker will present a temporary residence card instead of a visa when entering, leaving Vietnam and is legally residing in Vietnam.

To avoid administrative fines or deportation for violations of the law on residence in Vietnam, foreign investors and employees need to follow procedures for applying for a temporary residence card suitable for the purpose of entry (symbol visa). Investors, employees who have appropriate entry visas (DT or LD visa) will be considered by the Immigration Authority to grant a temporary residence card.

For the application for a temporary residence card that requires the investor, the employee needs to have all business documents, proving that it is eligible to sponsor a foreigner and enter the country for the right purpose. Request a Certification of exemption from a work permit, work permit, entry visa for the right purpose, legal residence address in Vietnam.

When all of the above conditions are met, investors and employees shall carry out the procedures for applying for temporary residence cards in Vietnam so that they can reside, leave and enter in accordance with law. The duration of the temporary residence card is issued pursuant to the purpose of entry and the proposal of agencies, organizations and individuals. The temporary residence card is from 1 to 5 years but shorter than the passport duration by at least 30 days, specifically:

– Temporary residence cards with symbols NG3, LV1, LV2, ĐT and DH are valid for no more than 05 years.

– Temporary residence cards with symbols NN1, NN2, TT are valid for not more than 03 years.

– Temporary residence cards with the symbol LD and PV1 are valid for no more than 02 years.

When the temporary residence card expires, the foreign individual will be considered to request the sponsored company to apply for a new temporary rresidence card.

Immigration lawyers at ANT Lawyers – Law firm in Vietnam will be capable to assist clients on visa application and working with immigration departments in Vietnam to help clients. The changes of laws will be monitored by ANT Lawyers.  For advice or service request, please contact us via email ant@antlawyers.vn or call +84 28 730 86 529.

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How Foreigners Could Obtain Residence in Vietnam Through Investment Scheme?

Foreigners could reside in Viet Nam under permanent residence or temporary residence status. In particular, foreign investors establishing or contributing capital to companies operating in Vietnam are subject to have temporary residence cards.

Immigration Lawyers in Vietnam

A Temporary Residence Card is the required document for the foreigners to legally stay temporarily in Viet Nam and the maximum term of a card is 05 years. The following will explain how Temporary Residence Card can be obtained in Vietnam through investment.

What are conditions for foreign investors to be granted temporary residence card?

Foreigners whom are granted a visa with a DT sign will be considered for a temporary residence card. The foreigners will need to apply for work permit exemption from authorities in Vietnam. The passport of foreigners has a minimum term of 13 months. Documents proving that foreigners contribute capital to, or invest in, enterprises in Vietnam for instance business registration certificates, investment registration certificates will be required. The foreigners will also need to provide clean criminal record card.

What required documents to be prepared for application for temporary residence card?

1. 01 Document requesting temporary residence card of guarantor ( form NA6 for agencies, organizations; form NA7 for individuals)
2. 01 Information form for a temporary resident card (form NA8)
3. 02 photos (image size 2×3 cm);
4. 01 Copy of passport and a valid visa (bring an original for comparison);
5. 01 Notice of use of the seal of the enterprise.
6. 01 Document introducing seal, signature of the authorized person of the organization (form NA16)
7. 01 Copy of legal ducuments of organizations to prove purpose to be granted temporary residence card, such as: investment registration certificate, business registration certificate.

How long it takes to apply for temporary residence card?

After 5 working days since receiving sufficient documents, state agencies will consider and issue temporary residence cards.

What are procedures to apply for temporary residence card?

Step 1: Prepare documents as prescribed by law.
Step 2: Submit application file
The officer receiving the application will check the legality and the content of the file. If the application is complete and valid, the officer receives the application and prints a receipt for the submitter.
Step 3: Return results

What state authorities to apply for temporary residence card?

Immigration Management Department of province or cities where the investment is registered.

Some difficulties when carrying out the procedure

Everyone can apply for a temporary residence card by themselves, but not all cases are eligible for a temporary residence card. When applying for a temporary residence card, have some difficulties like: the visa is not for right purposes; foreigners don’t understand the required documents, procedures for applying for temporary residence card so that you don’t know how to write the declaration of temporary residence card; have confusion about the declaration form used for individuals and agencies, organizations…. For result, application file is invalid and will be returned. You will have to go to implementing agencies many times to complete application file, which is costly, laborious, time-consuming but not yet available. Therefore, foreigners need the assistance of a reputable law firm to carry out the procedure effectively to be granted temporary residence card.

ANT Lawyers is a Law firm in Vietnam with international standards, recognized by Legal500, IFLR1000. We arre an exclusive Vietnam member of Prae Legal, the global law firm net work covering more than 150 jurisdictions. The firm provides a range of legal services as following to multinational and domestic clients. For advice or service request, please contact us via email ant@antlawyers.vn or call  +84 24 730 86 529. To learn more about us, please visit www.antlawyers.vn

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