Procedures for issuance of temporary residence cards for foreign workers exempted from work permit

I. LEGAL BASIS

The issuance of temporary residence cards (TRCs) for foreigners exempted from work permits is governed by the Law on Entry, Exit, Transit and Residence of Foreigners in Vietnam (2014) and its amended version (2019), along with Decree No. 152/2020/ND-CP and Decree No. 70/2023/ND-CP, which provide detailed guidance on the management of foreign workers in Vietnam. These legal documents define all categories eligible for work permit exemption, obligations of employers, procedures for obtaining visas and temporary residence cards, and regulations on the conversion of residence purposes. Additionally, instructions and internal guidelines of the Immigration Management Department form an important legal basis ensuring uniform processing of TRC applications for foreigners exempted from work permits.

II. CASES ELIGIBLE FOR WORK PERMIT EXEMPTION

Eligible cases include foreign investors, capital-contributing members, owners of enterprises, heads of representative offices or projects of foreign organizations, experts, managers and technical workers entering Vietnam for periods not exceeding 30 days per visit and 90 days per year, teachers and lecturers assigned by competent foreign authorities, foreign lawyers licensed by the Ministry of Justice, and other cases recognized under Article 7 of Decree No. 152/2020/ND-CP. Although these foreigners are exempt from work permits, they are still required to obtain a Certificate of Work Permit Exemption, which serves as the mandatory basis for issuing a long-term TRC with a duration typically ranging from one to two years.

III. CONDITIONS FOR APPLYING FOR A TEMPORARY RESIDENCE CARD

To apply for a TRC, foreigners exempted from work permits must meet the following conditions: a passport with at least 13 months of remaining validity; an entry visa corresponding to labor purposes, such as LĐ1, LĐ2 or DN in cases of short-term work or surveys prior to obtaining the exemption certificate; a valid Certificate of Work Permit Exemption issued by the Department of Labor, Invalids and Social Affairs or the Industrial Zone/Export Processing Zone Management Board; and a completed temporary residence declaration. Incorrect visa purposes or failure to declare temporary residence are common reasons for application refusal.

IV. APPLICATION DOSSIER FOR TEMPORARY RESIDENCE CARD ISSUANCE

A complete application dossier consists of documents from both the sponsoring enterprise and the foreign worker. Enterprise documents include the enterprise registration certificate or investment certificate, notification of seal specimen or enterprise identification information, Form NA16 for first-time registration with the Immigration Management Department, the official request for TRC issuance using Form NA6, and an introduction letter assigning a staff member to submit the dossier. The foreign worker must provide an original passport with valid visa, a valid Certificate of Work Permit Exemption, the completed Form NA8 with attached photo, temporary residence registration or electronic confirmation, and two photos sized 2 x 3 cm. All foreign-language documents must be consularly legalized and translated into Vietnamese unless exempted under applicable treaties.

V. PLACE OF SUBMISSION

Depending on the employer’s registered address or the foreign worker’s actual place of residence, the application may be submitted to the Immigration Department under the Ministry of Public Security in Hanoi or Ho Chi Minh City, or to the Immigration Division of the provincial Police Department. Choosing the correct submission authority helps minimize delays and avoid redirection requests.

VI. PROCESSING TIME

The official processing time for TRC issuance is five working days from the date of submission of a complete and valid dossier. In practice, the duration may vary based on the workload of the immigration authority, the complexity of the case, or requests for supplementary documents.

VII. PRACTICAL NOTES

Foreigners and sponsoring enterprises should ensure that the passport has sufficient validity, the visa corresponds to the correct labor purpose, and the Certificate of Work Permit Exemption is fully aligned with the job title stated in relevant documents. Temporary residence information must match the actual residence address to avoid delays or requests for explanations. It is advisable to prepare dossiers at least 15 to 20 days before visa or TRC expiry to avoid overstaying and administrative penalties.