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VietNamNews

Foreign workers must stay up-to-date on residence rules

Update: February, 25/2015 - 08:29

To work in Viet Nam, foreign nationals must possess a work permit issued by competent Vietnamese authorities, except in cases where such permits are exempted. — Photo dantri

Foreign employees can reside in Viet Nam either temporarily or permanently, depending on certain conditions.

1. Temporary residence

When entering Viet Nam, foreign nationals are permitted stay temporarily in the country for the period stated in their visa. In case the persons are granted visa-free entry under international agreements to which Viet Nam is a signatory, the duration of residence will comply with such agreements; or 30 days.

The duration of temporary residence permits issued to nationals of the countries to which Viet Nam grants visa-free entry is 15 days. However, this time limit may be shortened or invalidated by the immigration authority if and when the foreign nationals violate Vietnamese law.

To work in Viet Nam, foreign nationals must possess a work permit issued by competent Vietnamese authorities, except in cases where such permits are exempted.

After a work permit is granted, the inviting entity (the enterprise) may directly submit the application for issuance of the temporary residence card for the foreign employee to the immigration authority in the same administrative division in which the enterprise is based. The duration of a temporary residence card shall not exceed 02 years.

Foreign employees holding temporary residence cards may sponsor their grandparents, parents, spouse and children to visit Viet Nam; their spouse and children (under 18 years of age) can stay with them for the duration of the card with the agreement of the employer.

2. Permanent residence

Foreign employees may request competent authorities to consider granting a permanent residence card if: they are sponsored by their parents, spouse or children who are Vietnamese citizens permanently residing in Viet Nam; and (ii) they satisfy the following conditions:

· Have a legitimate residence and stable income to ensure their lives in Viet Nam;

· Have temporarily resided in Viet Nam continuously for three years and longer.

Foreign employees who are granted permanent residence cards are permitted to reside indefinitely in Viet Nam. When temporarily staying at an address other than that mentioned in the permanent residence card, foreign nationals must submit a declaration of temporary residence as prescribed by law. Furthermore, every 10 years, the foreign employees must visit a police authority in the province or city under central authority in which they permanently reside to renew their permanent residence card.

When leaving Viet Nam to permanently reside in another country, the foreign employees must return the permanent residence card to the immigration agency at the border checkpoint.

Once foreign employees are considered to be legally residing in Viet Nam, either temporarily or permanently, they are eligible for visa-free entry and entitled to travel within the territory of Viet Nam for purposes of tourism, visiting family members, or medical treatment without seeking permission. Foreign nationals accessing restricted or prohibited areas will face legal action.

PLF – LAW FIRM

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