The temporary residence card is an important document issued by the immigration authority or the competent agencies of the Ministry of Foreign Affairs for foreigners. This document allows them to reside in Vietnam for a specific period and serves as a substitute for a visa. If a foreigner’s temporary residence card expires and is not renewed on time, they will face serious penalties depending on the type of card. Let’s explore with FTA Law the specific penalties for overstaying a temporary residence card and how to avoid legal issues.
Image: Penalties for overdue Temporary Residence Cards for foreigners.
1. Types of Temporary Residence Cards and Their Validity Periods
The validity of a temporary residence card varies depending on the purpose of stay and the foreigner’s status. Each type of card has specific regulations regarding the validity period to suit the needs and conditions of different individuals. Below are the most common types of temporary residence cards and their corresponding validity periods:
1.1 DT1 Temporary Residence Card
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Validity: Up to 10 years.
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For: This card is for foreigners who need long-term residence in Vietnam, especially for major investors or individuals involved in significant investment projects that impact Vietnam’s economy. The DT1 card is often issued to those who contribute significantly to the country’s development.
This card allows the holder to easily carry out business activities, participate in long-term projects, or work in Vietnam without needing frequent visa applications.
1.2 NG3, LV1, LV2, LS, DT2, DH Temporary Residence Cards
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Validity: Up to 5 years.
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For: These cards are for foreigners who need to reside in Vietnam for a medium to long-term stay, but not as long as the DT1 card. The holders may include experts, workers with long-term contracts, individuals participating in study or research programs in Vietnam, or those with legal work assignments in the country.
These types of cards are usually granted to people with important tasks that do not require permanent residency. The validity period generally lasts from 2 to 5 years, depending on the contract or international cooperation programs.
1.3 NN1, NN2, DT3, TT Temporary Residence Cards
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Validity: Up to 3 years.
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For: These cards are for individuals visiting family, those with special ties to Vietnam, or short-term experts working temporarily in Vietnam. This group may include scholars, researchers, or family visitors.
These cards are issued for shorter stays, typically less than the other types, but still allow foreigners to maintain legal residency in Vietnam.
1.4 LĐ1, LĐ2, PV1 Temporary Residence Cards
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Validity: Up to 2 years.
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For: These cards are for foreign workers or those with a short-term stay purpose in Vietnam, such as journalists, reporters, or interns. They allow foreign workers to legally reside in Vietnam during the term of their employment.
These cards are usually issued for short-term employment contracts, typically lasting from 1 to 2 years. Once the card expires, the foreign worker needs to extend or reapply for the card if they wish to continue working in Vietnam.
1.5 Important Notes Regarding the Validity of Temporary Residence Cards
The validity of the temporary residence card cannot exceed the remaining validity of the foreigner’s passport by more than 30 days. This means that if the foreigner’s passport has less than 30 days of validity left, the temporary residence card cannot be issued until the passport is renewed. Renewing the passport is mandatory to maintain legal residency status in Vietnam.
When the temporary residence card is about to expire, the foreigner must complete the renewal procedure. The sponsoring agency, organization, or individual must submit the renewal application to the immigration authority or the competent agency of the Ministry of Foreign Affairs.
To avoid violations, foreigners must renew their temporary residence card on time. If they fail to do so, they may face administrative penalties under Vietnamese law.
2. Penalties for Overstaying a Temporary Residence Cards in Vietnam
Using an expired temporary residence card without approval from the competent authority is a legal violation and will result in administrative penalties. Below are the specific penalties for overstaying a temporary residence card as stipulated by Vietnamese law.
Image: What is the penalty for overdue Temporary Residence Cards for foreigners?
2.1 Penalties for Overstaying a Temporary Residence Cards:
2.1.1. Overstay of Less Than 16 Days
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Penalty: 500,000 – 2,000,000 VND.
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Reason: While this is a minor violation, even a brief overstay can cause complications in administrative procedures and negatively affect the foreigner’s work efficiency in Vietnam.
2.1.2. Overstay of 16 to Less Than 30 Days
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Penalty: 3,000,000 – 5,000,000 VND.
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Reason: A more significant overstay that can seriously affect the foreigner’s legal residence status in Vietnam. This could cause difficulties in business transactions, employment agreements, and impact their rights.
2.1.3. Overstay of 30 to Less Than 60 Days
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Penalty: 5,000,000 – 10,000,000 VND.
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Reason: A longer overstay results in higher penalties, and the foreigner must explain and reapply for their temporary residence card.
2.1.4. Overstay of 60 to Less Than 90 Days
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Penalty: 10,000,000 – 15,000,000 VND.
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Reason: This is a serious violation of Vietnam’s residency regulations, resulting in a higher penalty.
2.1.5. Overstay of 90 Days or More
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Penalty: 15,000,000 – 20,000,000 VND.
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Reason: An overstay of 90 days or more is considered a grave violation and could lead to deportation from Vietnam if the appropriate procedures are not followed.
2.2 How to Avoid Penalties
To avoid legal troubles and administrative penalties, foreigners need to monitor the expiration date of their temporary residence card and renew it on time. If you are unsure about the process or need assistance with renewing your temporary residence card, you can seek the services of companies specializing in visa and residence card issuance in Vietnam.
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Service Fees: Starting from 10,000,000 VND.
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Processing Time: 10 – 15 working days.
3. Conclusion
The temporary residence card is an important document for foreigners wishing to reside legally in Vietnam. Understanding the regulations regarding the validity and renewal process will help you avoid unnecessary legal issues and penalties. To save time and ensure the proper process, consider consulting FTA LAW for professional assistance. We offer quick and efficient legal solutions, helping you obtain or renew your temporary residence card with ease. Contact FTA Law now for detailed consultation!
Note: The content above is for reference only and does not constitute official legal advice from the FTA Law team. If you have any questions or need advice for a specific case, please contact us at: support@ftalaw.vn – We are always ready to listen and assist you.