Renew expired visas for foreigners during the Covid-19 period

Visa is a certificate issued by a competent Vietnamese state agency, allowing foreigners to enter Vietnam for immigration for a certain period of time depending on specific case. To be granted a visa, a foreigner must meet the conditions specified in the Law on Entry, Exit, Transit and Residence of Foreigners in Vietnam 2014, such as: having a passport or valid international travel document, being invited or sponsored by agencies, organizations and individuals in Vietnam unless otherwise provided for by law and not in the cases where entry is not allowed. In some special cases, to be granted a visa, foreigners will have to present documents proving the purpose of entry. When the visa is about to expire, foreigners can apply for a new visa for immigration into Vietnam.

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In order to be issued a new visa, the foreigners need to prepare the following documents: application form for visa issuance; papers on the foreigners need to fully guarantee (if any); valid passport, other necessary proofs related to the purpose of entry and residence. After fully preparing the above documents, the foreigner shall submit the application at working offices of the Immigration Department – the Ministry of Public Security. The immigration officer receiving the dossier will check the dossier. If it is complete and valid, then he or she will receive the application and hand over the receipt, schedule a date to return the results. If the dossier is not valid, the dossier-receiving officer shall guide the submitter to supplement the dossier for completeness.

The result would be available within 05 days from the date of receipt of complete dossiers.  The person who comes to receive the result shall present the receipt, identity card or passport to the officer to check and compare, pay the fee and sign for receipt.

However, during the period of complicated developments of the Covid-19 epidemic, the Prime Minister and leaders of the Ministry of Public Security issued instructions on the implementation of “automatic extension of temporary residence” for foreigners affected by the Covid-19 epidemic. Accordingly, foreigners entering under the visa exemption category, entering with an electronic visa or a tourist visa from March 1, 2020 until now, will continue to have their temporary residence extended until the end of August 31, 2021 and can leave the country within the above time limit without having to carry out procedures for extension of temporary residence.

In case a foreigner who entered the country before March 1, 2020 if he/she can prove that he is trapped due to Covid-19, being certified by the diplomatic mission or has a written confirmation from the competent authority of Vietnam about the isolation and treatment of Covid-19 or other force majeure reasons, is also considered to apply “automatic extension of temporary residence” until the end of August 31, 2021.

ANT Lawyers – A Law Firm in Vietnam with international standard, local expertise and strong international network. We focus on customers’ needs and provide clients with a high quality legal advice and services. For advice or services request, please contact us via email ant@antlawyers.vn, or call us +84 24 730 86 529.

Source ANT Lawyers: https://antlawyers.vn/library/renew-expired-visas-for-foreigners-during-the-covid-19-period.html 

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How Foreigners Can Extend Visa in Vietnam During Covid-19

Since the beginning of 2020, due to the impact of the Covid-19 epidemic, many foreign nationals entering Vietnam on a visa-free basis, entering with an e-visa or a tourist visa have been “stuck” in Viet Nam. In addition, Vietnam is restricting the issuance of new visas to foreign citizens to focus on the prevention of the Covid-19 epidemic, hence many foreign citizens in Vietnam cannot apply for a new visa, even though their visas have expired. Many foreigners have been concerning whether they can extend visa in Vietnam and seek help from best immigration lawyers in Vietnam for such queries.

 How Foreigners Can Extend Visa in Vietnam During Covid-19

To ensure the legal residence of these foreign citizens during the time when the world is facing the Covid-19 epidemic, Vietnam has “automatically extended temporary residence” status for foreign citizens in the above categories from March 01^st, 2020 to the end of December 31, 2021. Foreign nationals who are automatically extended temporary residence do not need to apply for a new visa, however, they will renew their temporary residence every month to legally reside in Vietnam.

The automatic extension of temporary residence is also applied to cases of entry before March 01st, 2020 if they can be proven to be stranded due to the Covid-19 epidemic, certification of the Diplomatic missions by Diplomatic note (with Vietnamese translation) or a written certification from a Vietnamese competent authority about being isolated, treated for Covid-19 or other force majeure reasons.

In addition, to be automatically extended temporary residence, foreign citizens eligible for automatic extension of temporary residence must make temporary residence declaration and medical declaration according to regulations. In addition, foreign citizens need to comply with and not violate the law in Vietnam.

Automatic extension of temporary residence will help foreign citizens save time, cost, and travel restrictions during the outbreak of the pandemic as complex as it is today. However, the extended period of temporary residence is normally 30 days, hence the foreigners need to carry out the procedure to extend their temporary residence every month according to the notice of the Immigration Department.

In cases of extension of temporary residence, foreign citizens are allowed to temporarily reside in Vietnam for the permitted period and exit without declaration. After exiting the country, if they wish to return to Vietnam, foreign citizens must apply for a new visa in accordance with the law.

ANT Lawyers – A Law Firm in Vietnam with international standard, local expertise and strong international network. We focus on customers’ needs and provide clients with a high quality legal advice and services. For advice or services request, please contact us via email ant@antlawyers.vn, or call us +84 24 730 86 529.

Source ANT Lawyers: https://antlawyers.vn/library/how-foreigners-can-extend-visa-in-vietnam-during-covid-19.html

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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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