In recent years, more and more foreigners are coming to live,
work, study or to reside in Da Nang, therefore, many foreigners apply for
Temporary residence card (TRC) for more convenience in Vietnam.
According to the regulation of Section
13, Article 3 of Law on Entry, Exit, Transit, and Residence of Foreigners in
Vietnam, Temporary Residence Card (TRC)is a legal document issued by an
immigration authority or a competent authority of the Ministry of Foreign
Affairs to a foreigner who is permitted to reside in Vietnam for a certain
period of time. This card has the same validity as a visa. Therefore, if the
foreigners have TRC, they will reside and entry/exit Vietnam without applying
for visa.
However, the process and procedures to
apply for TRC would have many different practical applications in each
province. Particularly in Da Nang, the issuance of temporary cards for
foreigners is more challenging.
The first, for the issuance of a TRC,
the foreigner must apply for suitable visa, the issuance of TRC is executed at
the Immigration Department of the Da Nang City Public Security. The application
for a visa in Da Nang is more complicated than in other provinces. It is
necessary to have specific information relating to the operation and management
of the enterprise which guarantee foreigner to enter Vietnam(if any). For the
submission of dossiers to apply for the visa, the foreigner shave to submit by
themselves or by the staff of their company. This makes it necessary for the
foreigner or the sponsor have to spend the time to complete the procedure.
Secondly, after having a valid visa, the
foreigners should apply the TRC at the Immigration Department of the Da Nang
City Public Security. The dossiers for applying the TRC is regulated in the
Article 37 of the Law on enter, exit, transit, and residence of foreigners in
Vietnam. However, when applying for temporary residence cards in Da Nang, the
Immigration Department could request more other relevant documents to the
business, which is some time not found in the law, which poses challenges to
applicant.
Thirdly, the granting of TRC to foreign
investors, workers in Da Nang requires the confirmation of work permit
exemption, work permits. The duration of the TRC issued will be valid for a
period of two (2) years. As a result, for foreign investors, only have TRC with
the validity term of 02 years are granted, instead of maximum 5 years, as
provided for in Clause 2, Article 38 of the Immigration law. In order to be
granted a TRC for a period of more than two years, the Immigration Department
shall consider the business situation of the company, the tax payment status of
the investor, etc. Therefore, if investors want to be granted TRC for more than
02 years, they need to work in Vietnam for a longer time and the business must
be profitable.
With the above difficulties, many
foreigners need to necessary attention, prepare all the documents as well as
know about the term of TRC, in order to be able to prepare the best dossier. In
case of difficulties, ANT Lawyers with offices in Hanoi, Ho Chi Minh City and
Da Nang and experience in work permit, immigration, and temporary residence
card could provide legal services for the client’s convenience.
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