The Immigration Office in Ho Chi Minh City has recently reverted to a stricter procedure for the issuance of Temporary Residence Cards for individuals holding newly issued work permits or work permit exemption certificates.
Foreign nationals working in Vietnam who hold a valid Work Permit (“WP”) or Work Permit Exemption Certificate (“WPEC”), as well as their accompanying family members, are eligible to apply for a Temporary Residence Card (TRC). A TRC is granted to individuals who are expected to reside and work in Vietnam for a period of one year or longer.
The TRC serves multiple functions. It can be used in lieu of a passport when travelling within Vietnam and functions as a multiple-entry visa for holders travelling in and out of Vietnam. TRC holders are not required to obtain a separate entry visa during the card’s validity period.
In practice, expatriate employees assigned to work in Vietnam for a two-year period must first obtain a WP or WPEC along with a work visa. After securing the work visa (valid for up to 12 months), they may then apply for a TRC, which may be granted for up to two years. Evidence of a WP/ WPEC is required as part of the work visa application, whereas evidence of a valid work visa is required for the TRC application.
Although applying for a TRC is optional, it offers practical benefits by simplifying immigration procedures and reducing the need for repeated visa renewals, as TRC holders are not required to obtain a separate visa for entry or exit during its validity.
Until January, the Ho Chi Minh City Immigration Office allowed some flexibility for individuals with newly issued WPs/ WPECs by permitting those individuals holding a business visa (e.g. DN1/DN2 visa) to apply for a TRC. However, this flexibility has recently been withdrawn.
Under the current practice, the procedure to apply for a TRC is as follows:
The above change in practice does not impact on individuals who are applying for the renewal or reissuance of a TRC.
The Ho Chi Minh City Immigration Office is tightening its TRC issuance practice. Under the new approach, foreign employees who enter Vietnam on business visas for business purposes must convert the visa to work visa before applying for a TRC in a country. The basis for this is that an appropriate visa type (i.e. work visa) should be obtained as the entry purpose is for employment.
Currently, this change applies only in Ho Chi Minh City. However, similar measures may be introduced in other provinces in the future and we are monitoring this closely.
Vialto Partners can support you in meeting your immigration compliances requirements in Vietnam and would welcome to the opportunity to meet or arrange a call to discuss how we can best assist you and your employees in remaining compliant.
For a deeper discussion on the above, please reach out to your Vialto Partners point of contact, or alternatively:
Brittany Chong
Partner
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