Temporary Residence Card for Foreign workers

The issuance of Temporary Residence Cards (TRC) for foreign nationals working in Viet Nam is governed by the current legal framework

The issuance of Temporary Residence Cards (TRC) for foreign nationals working in Viet Nam is governed by the current legal framework, including the Law on Entry, Exit, Transit, and Residence of Foreigners in Viet Nam (2014), which serves as the fundamental legislation defining the basic rights and obligations of foreigners as well as the conditions for long-term residence. The 2019 Amended Law further introduced regulations on visa purpose conversion and updated new visa categories, providing more favorable conditions for legally employed foreign workers. The Labor Code 2019 and Decree No. 152/2020/ND-CP refine the legal basis concerning eligibility criteria for obtaining a work permit, cases exempt from work permits, obligations of enterprises employing foreign nationals, and mandatory requirements when applying for a temporary residence card based on a valid work permit. Decree No. 144/2021/ND-CP stipulates administrative penalties related to residence violations, failure to submit temporary residence declarations, or using visas for incorrect purposes. Circular No. 57/2020/TT-BCA provides essential guidance on immigration forms, including NA6 and NA8, which must be used during the TRC application process. Understanding the full legal system allows enterprises and foreign workers to prepare accurate documentation, reduce procedural errors, and minimize the risk of application refusal.

TEMPORARY RESIDENCE CARD VALIDITY

The validity period of a temporary residence card issued to a foreign worker shall not exceed the remaining validity of the work permit. In practice, the Immigration Management Department determines the TRC duration based on the shortest validity among the passport, the work permit, and the declared purpose of residence. For example, if a work permit is valid for 24 months but the passport is valid for only 15 months, the TRC cannot exceed 15 months. This mandatory principle ensures that the passport always remains valid longer than the temporary residence card. For certain specific nationalities, such as Chinese citizens holding electronic chip-embedded passports, the Immigration Management Department may, at certain periods, apply a policy of issuing a one-year visa instead of a temporary residence card. Employers should confirm such requirements with the competent authorities to avoid preparing an ineligible application.

ELIGIBILITY CONDITIONS

Foreign nationals must satisfy the following conditions: The passport must be valid for at least 12 months at the time of submission. The entry visa must match the intended purpose or fall under visa categories eligible for purpose conversion under the 2019 Amended Law, for example converting from DN1 or DN2 to the labor category once a work permit is issued. The work permit or work-permit exemption certificate must remain valid for at least 12 months to qualify for a TRC. The sponsoring enterprise must be legally operating, possess an active tax code, and not be under suspension. The foreign worker must complete temporary residence declaration procedures with the local police (commune/ward-level). Failure to meet any of these conditions will result in the application being rejected or returned for supplementation.

ELIGIBLE APPLICANTS FOR LABOR-BASED TRC

Eligible applicants include managers, executive directors, foreign experts as defined by Vietnamese law, and skilled technical workers possessing relevant experience and qualifications for the assigned position. Individuals exempt from work permits may also be granted a TRC if sufficient evidence is provided. Workers transferring from a previous employer to a new one must submit explanatory documents and supporting paperwork. In certain cases, foreign nationals who initially entered Viet Nam under family-visit, tourist, or business visas but later obtained a valid work permit may apply for a TRC after completing the visa purpose conversion process. Accurate classification of applicant categories helps avoid unnecessary requests for additional documentation and ensures smoother processing.

REQUIRED DOCUMENTS

A TRC application dossier includes corporate documents such as the Enterprise Registration Certificate, company seal specimen, NA16 form, and the current seal/authorized signature registration. Personal documents include the passport, visa, work permit or exemption certificate, photographs, and temporary residence confirmation. Special cases—such as passport renewal, loss of passport, or loss of TRC—require additional documents including a loss report and detailed written explanation. If the applicant lacks a formal termination decision from the previous employer when applying under a new company, a written explanation, new labor contract, or other evidence demonstrating actual employment must be provided. Any inconsistencies or missing documents may result in the application being returned or rejected.

DIRECT SUBMISSION PROCEDURE

The procedure consists of six basic steps:

  1. The enterprise prepares the corporate legal documents.
  2. The foreign worker prepares personal documents.
  3. The enterprise completes and signs the NA6 and NA8 forms.
  4. The dossier is submitted to the Immigration Management Department or its provincial division.
  5. The enterprise receives a processing receipt after submission.
  6. The original TRC is issued after approximately five working days. In practice, processing time may be longer during peak periods or when the dossier involves complex circumstances.

ONLINE SUBMISSION PROCEDURE

The online submission system requires the sponsoring enterprise to hold a registered digital signature (USB Token). When completing the online application, all PDF scans must be clear, complete, and compliant with the required format. After submission, the application status is updated in real time, and the enterprise must present original documents upon request for verification. This method is increasingly encouraged to reduce onsite workload; however, unclear scans, missing pages, or incorrect file formats will result in automatic rejection by the system.

COMPARISON WITH OTHER TRC CATEGORIES

Labor-based TRCs have a maximum validity of two years. In contrast, investor TRCs may be issued for up to ten years depending on the investment category, family-visit TRCs may be issued for up to five years, and TRCs for project office chiefs typically range from two to five years. Understanding these distinctions enables foreign workers and enterprises to choose the most suitable category and avoid applying under an incorrect classification.COMMON ERRORS – PRACTICAL EXAMPLES

Common reasons for refusal include work permits valid for fewer than 12 months, missing NA16 forms, lack of temporary residence declarations, or submitting the dossier to the incorrect authority. When submitting online, frequent errors include misaligned scans, photographs with incorrect dimensions, missing signatures, or missing company seals.SPECIAL CIRCUMSTANCES

Foreign workers assigned to multiple workplaces must have all work locations clearly stated in the work permit to avoid being considered non-compliant. If the worker leaves Viet Nam during the processing period, the enterprise must notify the Immigration Management Department to prevent cancellation of the dossier. Passports nearing expiration must be renewed in advance, as the TRC validity will otherwise be shortened accordingly.FEES

According to the Ministry of Finance, fees for temporary residence cards are as follows:

– TRC valid for 1–2 years: USD 145

– TRC valid for 2–5 years: USD 155

Replacement fees due to loss or damage follow the corresponding TRC validity category.

CHECKLIST

A complete dossier includes: a clear passport copy, standardized photographs, a work permit with sufficient validity, temporary residence confirmation, and properly completed NA6 and NA8 forms bearing full signatures and company seals. A standardized checklist helps avoid errors and ensures efficient processing.