We recently received concerns from foreign clients who are working and living in Vietnam, saying, “Am I eligible to be granted a permanent resident card?” and “How is the procedure performed?”. In this article, we will provide information about the current legal provisions, which will partly answer these questions.

Cases to be considered for permanent residency

1. Foreigners who have contributed to the development and protection of Vietnam and are awarded medals or state honorary titles by the Vietnam’s government.

2. Foreigners who are scientists or experts temporarily residing in Vietnam.

3. Foreigners who are sponsored by his/her parent, spouse, or child who are Vietnamese citizens and are permanently residing in Vietnam.

4. Stateless persons who has had a temporarily residence in Vietnam from 2000 or earlier.

Conditions for permanent residence

• Foreigners who are considered for permanent residence if he/she has a legitimate residence and is making a decent living in Vietnam.
• The consideration for permanent residence for foreigners who are scientists or experts who are temporarily residing in Vietnam must be proposed by the Ministers, Heads of ministerial-level agencies or Governmental agencies in corresponding fields.
• Foreigners who are sponsored by his/her parent, spouse, or child who are Vietnamese citizens and are permanently residing in Vietnam must further satisfy the condition “having temporarily resided in Vietnam for 03 consecutive years or more”.

Components of the application for permanent residence

Foreigners applying permanent residence shall submit the application at the immigration authority. The application consists of:

a) A written request permanent residence status (Form NA12);

b) Judicial record issued by the competent authority of the country of which the applicant is a citizen;

c) A diplomatic note from the diplomatic mission of the country of which the applicant is a citizen, requesting that Vietnam grant of permanent residence status to the applicant;

d) Certified true copy of the passport;

e) Documents proving eligibility to be considered for permanent residence as listed above;

f) Letter of sponsorship (Form NA11).

In case the applicant for permanent residence is a stateless person, the dossier shall only include the documents in items a) and e).

Procedures for granting permanent resident status

Step 1: The foreigner who requests for permanent residence submits an application at the immigration authority.

Step 2: Within 04 months from the date of receipt of sufficient documents, the Minister of Public Security shall consider and decide to grant permanent residence; In case it is deemed necessary to carry out additional verification, the extension may be extended for up to 02 months.

Step 3: The immigration authority shall send a written notification of the Minister of Public Security on the foreigner’s application for permanent residence. If accepted, within 05 working days from the date of receiving the notification from the immigration authority, the police of the province or city directly under the central government where the foreigner applies for permanent residence shall notify the foreigner of the grant of permanent residence.

Step 4: Within 03 months from the receipt of the notification of the grant of permanent residence, the foreigner must go to the immigration authority affiliated to the Police Department of the province or centrally run city where he/she applies for permanent residence to receive the permanent resident card.

Note:

1. The determination of the period of temporary residence in Vietnam shall be carried out as follows:

a. Foreigners who have temporarily resided in Vietnam for 03 consecutive years or more are determined on the basis of the entry verification stamp and exit verification stamp issued at the border gate with a total temporary residence time in Vietnam from 03 years or more in the last 4 years, up to the date of submitting the application for permanent residence.

b. Papers proving that he/she has continuously resided in Vietnam from 2000 or earlier, including one of the following documents: temporary residence certificate; temporary residence registration book; a written explanation of the time of temporary residence in Vietnam, certified by the police of the commune, ward or town where the stateless person temporarily resides.

2. Place of submission of the application for permanent residence:

a. Applicants for permanent residence under the sponsorship of relatives with Vietnamese nationality and stateless persons shall submit dossiers at the Immigration Department of the Public Security Department of the province or centrally run city where he/she apply for permanent residence.

b. Applicants for permanent residence in the remaining cases shall submit dossiers at the Immigration Department.

Contact us if you need further advice.

Note: This article is for informational purposes only and it is not a legal advice. The content of the article represents its own of TTVN Legal, it subject to change without prior notice.