Foreigners who wish to reside in Vietnam for an extended period of time may be eligible to apply for a Permanent Residence Card (PRC). A PRC grants the holder an indefinite stay in Vietnam and allows them to enter and exit the country without the need for a visa. However, there are certain conditions and procedures that foreigners must adhere to in order to obtain the card. This article will detail the requirements and steps for foreigners to apply for a PRC in Vietnam, presenting the information in an organized manner for easy understanding.
What is a Permanent Residence Card (PRC)?
Clause 14 Article 3 of the Law on entry, exit, transit, and residence of foreigners in Vietnam 2014 (amended 2019) allows foreigners in Vietnam to obtain a Permanent Residence Card (PRC). To obtain this document, eligible foreign individuals must submit their application to the immigration authority. After receiving the application, the immigration authority will process it and issue the PRC to the applicant if they meet the requirements. As long as their visas remain valid, foreigners can reside indefinitely in Vietnam, meaning they can stay in the country for as long as their visa is active.
The definition of foreigners includes individuals who hold papers verifying their foreign nationality, as well as stateless persons who enter, exit, transit, or reside in Vietnam (Clause 1, Article 3 of the Law on Entry, Exit, Transit and Residence of Foreigners in Vietnam 2014 (amended 2019))
Situations in which foreign individuals may be eligible for permanent residency status in Vietnam
Article 39 of the Law on Entry, Exit, Transit, and Residence of foreigners in Vietnam provides criteria for considering permanent residence status. The following cases are also included:
i.Vietnam’s government awards medals or titles to foreigners who have contributed to the development and protection of Vietnam.
ii.Foreign scientists or experts who temporarily reside in Vietnam.
iii.A foreigner can be sponsored by a Vietnamese citizen parent, spouse, or child who has permanent residence in Vietnam.
iv.Individuals without nationalities who have had temporary residence in Vietnam since 2000 or earlier are also eligible.
For point (ii), a minister, head of a ministerial-level agency, or a government-attached agency responsible for managing the respective professional field must request the foreigner.
For point (iii), the foreigner must have temporarily resided in Vietnam for at least three consecutive years, as evidenced by their entry and exit verification stamps issued at the border gate. The duration of their temporary stay in Vietnam must be at least three years within the last four years prior to applying for a permanent residence card.
The process of issuing a permanent residence card to foreign nationals in Vietnam
Dossiers
Under the Law on Entry, Exit, Transit and Residence of Foreigners in Vietnam 2014, and as amended in Clause 1, Article 41, foreigners residing in Vietnam must provide several documents when applying for a permanent residence card. These include:
1. When submitting an application for permanent residence in Vietnam, it is crucial for the applicant to include a judicial record from their country of citizenship. The competent authority will use this information to verify the applicant’s eligibility for permanent residence in Vietnam. Therefore, it is equally important for the applicant to provide complete and accurate information regarding their judicial record to avoid any complications or delays in the processing of their application.
2. A request letter from the person’s country of citizenship, made through their representative agency, asking Vietnam to approve the person’s permanent residence.
3. A certified copy of the individual’s passport.
4. Documentation proving eligibility for consideration of a permanent residence card under Section 2.
5. For foreigners specified in Clause 3, Article 39 of the Law on Entry, Exit, Transit, and Residence of Foreigners in Vietnam 2014 (amended in 2019), a letter of guarantee is required.
The Vietnamese Government have awarded medals or state honorary titles to individuals who have made outstanding contributions to the construction and defense of Vietnam or who are currently working as scientists or experts temporarily residing in Vietnam. Consequently, these individuals can submit their application for a permanent residence card at the Immigration Department. Furthermore, they should ensure to prepare the necessary documents as required by the Vietnamese law and regulations to ensure a smooth and efficient application process. Additionally, applicants should prepare the necessary documents as required by the Vietnamese law and regulations to ensure a smooth and efficient application process.
The duration for processing PRC applications for foreigners in Vietnam.
Upon receiving all required documents, the Minister of Public Security has a maximum of four (4) months to review and potentially grant permanent residence status. If further investigation is necessary, the timeline may extend for an additional two months.
The immigration management agency is responsible for providing written notification of the permanent residence settlement decision to both the applicant and the relevant Police Department in the province or centrally run city.
The Police Department of the province or centrally run city must, in turn, notify the foreigner of their approved permanent residence status. This must be done within five (5) working days after being informed by the immigration management agency. Finally, the immigration management agency at the Police Department of the province or centrally run city will notify the foreigner of the permanent residence decision. And the foreigner must retrieve their permanent residence card from the agency within three (3) months.
Note:
Any stateless person who has had temporary residence in Vietnam since 2000 or earlier may submit an application to the immigration authority affiliated with the police authority of the province where they reside temporarily.
The application should include a written request for permanent residence status. In addition, the applicant must provide documentation proving that they have had temporary residence in Vietnam before 2000, and that they have a legitimate residence and are earning a decent living in Vietnam.
Replacement, reissuance of PRC
Replacement
Provincial police authorities are responsible for issuing permanent residence cards. Once granted, foreigners must replace their permanent residence card by visiting a provincial police authority every ten years.
To apply for a replacement permanent residence card, individuals must submit the application form, their current permanent residence card, and a certified true copy of their passport (excluding stateless individuals).
Reissuance
In the event of a permanent residence card (PRC) holder losing or damaging their card, or if the contents of the card change, certain procedures must be followed to have the PRC reissued. The cardholder must report the loss, damage, or change to the police authority in the province where they hold their permanent residence. After reporting the situation, the police authority will provide the necessary information and guidance for the cardholder to follow to have their PRC reissued. The application consists of three parts:
Firstly, an application form for reissuance of the permanent residence card. Secondly, the permanent residence card (or a report on the loss of the card). Thirdly, a certified true copy of the passport, except for those without nationalities
The police authority of the province must reissue the card within twenty (20) days from the day they receive sufficient documents.
Conclusion
In conclusion, obtaining a permanent residence card (PRC) in Vietnam requires foreigners to comply with specific conditions and follow the necessary procedures. To obtain a PRC, foreigners must ensure that they provide all the required documents and undergo relevant investigations as stipulated by Vietnamese immigration law. In addition, they must adhere to the renewal and reissuance procedures, which are necessary to maintain the validity of their PRC. Once a foreigner has a PRC, it grants them the ability to reside in Vietnam for an extended period, making it a valuable document for those who want to live, work, or study in the country. Therefore, it is crucial for foreigners to familiarize themselves with the requirements and procedures to smoothen the process of obtaining a PRC in Vietnam.
HMLF is always available to offer assistance in understanding the procedures or liaising with authorities.
Harley Miller Law Firm “HMLF”
Head office: 14th floor, HM Town building, 412 Nguyen Thi Minh Khai, Ward 05, District 3, Ho Chi Minh City.
Phone number: +84 937215585
Website: hmlf.vn Email: miller@hmlf.vn