The procedures for registering temporary residence for foreigners are necessary and compulsory, and any landlords also have to perform them. Thus, how is this registration regulated and implemented?, NPLaw would like to provide Clients with issues related to temporary residence registration for foreigners through the following essay.
Currently, the number of foreign workers (employees) staying in Vietnam is significantly increasing. This issue not only contributes to the economic development of our country, but it also attracts foreign investors to operate in Vietnam. According to the Law on Entry, Exit, Transit, and Residence of Foreigners in Vietnam, they have to be issued the Temporary Residence Card so that the management of foreigners and their residing time in Vietnam becomes more convenient and easy.
Pursuant to Clause 1, Article 33 of the Law on Entry, Exit, Transit, and Residence of Foreigners in Vietnam 2014 (amended by Clause 5, Article 2 of the Law on Entry and Exit of Vietnamese Citizens and the amending Law on Entry, Exit, Transit, and Residence of Foreigners in Vietnam 2023), stipulating temporary residence registration for foreigners, as follows:
According to Article 33 of the Law on Entry, Exit, Transit, and Residence of Foreigners in Vietnam 2014 (amended by Clause 5, Article 2 of the Law on Entry and Exit of Vietnamese Citizens and the amending Law on Entry, Exit, Transit, and Residence of Foreigners in Vietnam 2023), foreigners temporarily residing in Vietnam have to adopt persons that directly manage or operate accommodation’s activities so as to declare this issue to the Commune, Ward, Town Police, or Police Station where those accommodations are located.
According to Article 33 of the Law on Entry, Exit, Transit, and Residence of Foreigners in Vietnam 2014 listed, foreigners have to adopt persons who directly manage and operate accommodations to declare their temporary residence. Thus, those managers and operators are responsible for fully recording the contents of the temporary residence declaration form for foreigners and submitting that declaration form to the competent authorities within twelve (12) hours. For remote areas, the duration is twenty-four (24) hours from the time foreigners arrive at accommodations.
Pursuant to Articles 4, 5, 6 and 7 of Circular No. 53/2016/TT-BCA, there are the methods of registering temporary residence for foreigners, as follows:
- Method 1: The performance of declaring temporary residence for foreigners via a website.
A person declaring a temporary residence has to access a website of the immigration management department of the Provincial Police or the City Police under Central where an accommodation is located, and receive a declaring account.
A person declaring a temporary residence has to access a website and a declaring account to perform the temporary residence declaration.
The declaration via a website has to be immediately performed when foreigners come and register the temporary residence.
The information of temporary residence includes:
Besides, when a declaring account has changes in information, it has to be immediately updated, amended and supplemented on the website. The provided information include:
The immigration management department of the Provincial Police or the City Police under Central will receive the declared information from a website during twenty-four (24) hours per seven (07) days.
Landlords will notify the border post where an accommodation is located if foreigners temporarily reside in accommodations belonging to border areas.
- Method 2: The performance of declaring temporary residence for foreigners by the declaration form.
- A person declaring a temporary residence directly contacts a duty room of the Commune, Ward, Town Police, or Police Station (known as the Commune Police) to receive the declaration form sample according to NA17 sample form, which is attached to Circular No 04/2015/TT-BCA on January 5th, 2015 of the Ministry of Public Security;
- A person declaring a temporary residence will record the required information on the declaration form and directly transfer this form to a duty room of the Commune Police where an accommodation is located within twelve (12) hours. For remote areas, the duration is twenty-four (24) hours from the time foreigners come to accommodations;
- The declaration form of temporary residence can be sent via fax in advance or be notified via phone to the Commune Police before transferring this declaration form as defined by Clause 2 of this Article.
Depending on each violating behavior in the temporary residence registration, violating foreigners, individuals, or organizations have to undergo one of the primary punishment forms according to Article 9 of Decree 144/2021/ND-CP, as follows:
Thus, there have never been regulations for criminal liability when not performing the temporary residence registration for foreigners.
Pursuant to Point b, Clause 8, Article 18 of Decree 144/2021/ND-CP stipulating a supplemental punishment form of expelling foreigners violating administration related to residences, foreigners can be expelled from Vietnam if they don’t register temporary residence as defined by Vietnamese Law.
These are all information related to Temporary Residence Registration For Foreigners And The Required Regulations as prescribed by Vietnamese Law. Please don’t hesitate to contact us if the clients have any further questions.
NPLAW is proud to be a prestigious law firm unit and has the trust and belief of clients, enterprises, and individuals. NPLaw specializes in providing legal services all-around relating to domestic and abroad investments such as Enterprise, Real Estate, Intellectual Property, Labor; Drafting Consultation, negotiations and concluding support for the Commercial Contract, domestic and abroad Service Contract; consultations and support for implementing licensed procedures of licenses, etc,. NPLaw, with our professional Lawyers and Specialists, we have the full ability to consult with and support customers as they implement the above procedures. Along with the slogan “Your benefits - Our Priority”, NPLaw definitely becomes the accurate, and safe choice for your legal issues.
NPLaw Firm
Hotline: 0913 449968
Email: legal@nplaw.vn
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