I am Vietnamese and my husband is German. We have been living in Ha Noi for more than one year. We have long-term investments in the country and I would like to ask about the registration procedure of permanent residence for my husband. Is he eligible for registering to be a permanent resident? If yes, what should we do?
Nga Tran-Ha Noi
Dear Nga Tran,
Based on the legal consultancy of Nguyen Dang Khoa of Hai Phong Lawyers Association, we would like to give the following answers:
Under the Provision No.13 of the Ordinance No.24/1999/PL-UBTVQH passed by the National Assembly Standing Committee in 2000, foreigners temporarily residing in Viet Nam under one of the following circumstances shall be considered for permanent residence:
a) They are people who have struggled for freedom and national independence, for socialism, for democracy and peace or for the cause of science, but have been subject to suppression.
b) They have a meritorious contribution to the cause of building and defending the Vietnamese Fatherland.
c) They are spouses, offspring, or parents of Vietnamese citizens residing in Viet Nam.
Your husband meets the circumstance C of this article so he is eligible for registering for permanent residence.
According to the joint Circular No.01/2007/TTLT-BCA-BNG released in 2007, your husband should follow the following procedure:
– Two copies of the registration form for permanent residence published by the Ministry of Public Security's Immigration Department.
– Two portrait photos (3cmx4cm)
– Two legal curriculum vitaes stamped by a relevant German agency
– The diplomatic note of a relevant German agency asking for your husband to permanently reside in Viet Nam
– A marriage certificate
– Two copies of passports
– All the documents mentioned above must be translated into Vietnamese and notarised.
– All the documents must be handed out at the Immigration Office of the provinces and central-level cities' Police.
– The department will review and verify these documents to report to the Minister of Public Security for his decision in a six-month period.
In the case of more legal documents being necessary, the period will last a maximum nine months.
– The Immigration Office of provinces and central-level cities' Police will issue the permanent residence card in the five-working day period after the day of getting the minister's decision.
– During a two-month period after getting information from the Immigration Office, foreigners must go to the office to get the permanent residence card.
If not, the card becomes invalid.
– The card holder must be present at the Immigration Office every three years to renew their card.
If not, the card will be revoked.