I have questions about permanent residence cards for foreigners in Vietnam. According to me reading on the company’s Website, the term of the permanent residence card is 10 years. In your case, a foreigner is granted a permanent residence card under the sponsorship of your wife, now that you are divorced, will that permanent residence card expire?

Which cases are considered for permanent residence in Vietnam?

Regarding the cases considered for permanent residence, Article 39 of the Law on Entry, Exit, Transit and Residence of foreigners in Vietnam 2014 stipulates as follows:

Article 39. Cases in which grant of permanent residence status is considered

  1. Foreigners who have contributed to the development and protection of Vietnam and are awarded medals or titles by Vietnam’s government.
  2. Foreigners who are scientists or experts temporarily residing in Vietnam.
  3. Any foreigner sponsored by his parent, spouse, or child who is a Vietnamese citizen and has a permanent residence in Vietnam.
  4. Any person without nationalities who has had a temporary residence in Vietnam from 2000 or earlier.

Thus, in case a foreigner whose wife is a Vietnamese citizen who is permanently residing in Vietnam, the foreigner will be granted permanent residence.

Permanent residence card for foreigners sponsored by spouse but now divorced, will the card expire in Vietnam?

According to Point e, Clause 2, Article 45 of the Law on Entry, Exit, Transit and Residence of foreigners in Vietnam 2014 stipulates as follows:

Article 45. Rights and obligations of inviting entities

2. Inviting entities have are obliged to:

a) Follow procedures for inviting, sponsoring foreigners to enter, leave Vietnam, or reside in Vietnam in accordance with this Law;

b) Instruct foreigners to comply with law, respect the traditions and customs of Vietnam;

c) Fulfill the obligations of sponsors as prescribed by law; cooperate with competent authorities of Vietnam in resolving issues pertaining to the invited or sponsor foreigners;

d) Cooperate with competent in monitoring foreigners’ activities in accordance with their entry purposes while they are temporarily residing in Vietnam; cooperate with lodging establishments in declaring temporary residence of foreigners;

dd) Cooperate with regulatory bodies in completing the procedures for inviting/sponsoring foreigners to enter Vietnam to do activities subject to approval by the said regulatory bodies before making the invitation or sponsorship.

e) Notify immigration authorities in writing of the cases in which foreigners granted entry/exit/residence permits no longer wish to be sponsored during their temporary residence period in Vietnam, and cooperate with competent authorities in requesting such foreigners to leave Vietnam.

Currently, the support board reviewed the text but found no relevant guidance. Therefore, in this case, the wife must be responsible for notifying the Immigration Department for the competent authority to resolve.

The support board has not been able to accurately respond to information about the duration of the permanent residence card in this case because the duration of the permanent residence card for foreigners does not depend on the marital status of the grantee.

According to the principle of ten years of granting a change once, if the person is no longer eligible for a permanent residence card, the exchange will not be issued.

What are the regulations on the issuance of permanent residence cards to foreigners in Vietnam?

Pursuant to Clause 1, Article 43 of the Law on Entry, Exit, Transit and Residence of foreigners in Vietnam 2014, specifically as follows:

Article 43. Replacement, reissuance of permanent residence cards

1. Permanent residence cards shall be issued by provincial police authorities. Every 10 years, every foreigner who has a permanent residence status must go to a provincial police authority to replace the permanent residence card. The application consists of:

a) An application form for replacement of the permanent residence card;

b) The permanent residence card;

c) A certified true copy of the passport, except for those without nationalities.

If permanent residence card is lost or, damaged, or its contents are changed, its holder must follow the procedures for reissuance of the card at the police authority of the province where he/she has the permanent residence. The application consists of:

a) An application form for reissuance of the permanent residence card;

b) The permanent residence card (or a report on the loss of the card);

c) A certified true copy of the passport, except for those without nationalities;

d) Papers proving the changes to the contents of the permanent residence card. Within 20 days from the day on which sufficient documents are received, the police authority of the province shall reissue the card.

 

The above information is provided by Mys Law. For any questions regarding the content of this article, please contact 0969.361.319 or email: [email protected] for further clarification. Best regards!