Temporary Residence Card for Spouse/Child of Vietnamese National

@Rangun , what is it exactly, that you are trying to say ???

Thanks Rangun for the offer, but I'm looking to get a TRC the legal way if possible. I don't want to risk the family being deported.

JaneMach wrote:

Hi Guys/Gals,
Just wondering if anyone can shed some light on how to get a TRC for a spouse and child of a Vietnamese national? I've been given the run around and now am about to give up and think its not even possible.

Jane
Sorry about your problem. Who gave you the run-around? What did they say?

JaneMach wrote:

I thought it was just straight forward - fill in the forms, add the photos, get the marriage and birth certificates copied and stamped and then lodge with a fee.

Yes, roughly it should be like that.

JaneMach wrote:

I know they've been extensive discussions on obtaining TRC without WP, but those threads tend to get lost in political debate.

Ah, welcome to the expat forum 

JaneMach wrote:

Could anyone let me know if it can/can't be done and if so where to go?

There are two kinds of residence permit: temporary and permanent residence permits.

1.Temporary permit
http://xnc.congan.com.vn/vietkieu-nuocn … 7354243905 (link in Vietnamese)
http://www.vietnam-evisa.org/news/view/ … -card.html

It is granted only for spouses/children of people who have temporary residence card (by other criteria: e.g., work permit, investment,...)
You cannot get this since your spouse (being a Vietnamese citizen) cannot get  temporary residence card.

2. Permanent permit

The applicable law is  24/2000/PL-UBTVQH10.
http://moj.gov.vn/vbpq/en/Lists/Vn%20bn … ItemID=411

One is entitled for permanent residence if

Article 7
c) They are spouses, offspring, parents of Vietnamese citizens residing in Vietnam.

You can therefore apply for this.
The form looks like this.
http://xnc.congan.com.vn/vietkieu-nuocn … 81329/view

Here is the procedure (link in Vietnamese)
http://xnc.congan.com.vn/vietkieu-nuocn … 6568086445

I would recommend you to go to 161 Nguyễn Du, District 1 to get detailed guidance. They are quite ok. I heard that they had become more polite lately because of the "welcoming foreigner campaign", so we see how long that lasts  .

For official translation, I would recommend the official service at
Department of Justice
‎141-143 Pasteur, District 3

Although the question is about a TRC, and Anatta answered it quite well as always, my I also suggest the 5 year VEC as and option also for staying long term without doing border runs.

Agree with Bud. It is another option. Easier to obtain, but more work long term, since the VEC is in reality is a visa for 3 months. After three months, you have to either renew it or exit.
As Bud, who has probably done it many times, can tell in more details, you have to contact the local police and authority for this renewal, thus in their mercy.

The temporary residence card, on the other hand, allows you to stay much longer (till your passport runs out or close to it).

Bud, it is probably about time for you to get the permanent residency permit for you too ? 

Anatta wrote:

Agree with Bud. It is another option. Easier to obtain, but more work long term, since the VEC is in reality is a visa for 3 months. After three months, you have to either renew it or exit.
As Bud, who has probably done it many times, can tell in more details, you have to contact the local police and authority for this renewal, thus in their mercy.

The temporary residence card, on the other hand, allows you to stay much longer (till your passport runs out or close to it).

Bud, it is probably about time for you to get the permanent residency permit for you too ? 

What?? And miss all the fun with the folks every 3 months?? After 7 years of visits they would think I don't like them any more and come looking for me.

Budman1 wrote:

What?? And miss all the fun with the folks every 3 months??

That would be the oxymoron of the day 

Budman1 wrote:

come looking for me.

Hm, wonder what makes good old Bud afraid that the police would see at his home? a harem?

Thanks Anatta for the detailed response. My apologies, it is a permanent residence card that I am seeking.
Early 2012, I went to the Nguyen Du office to get details on how to get this done, they gave me the necessary forms, but I wasn't too sure about requirement #4 (Công hàm của cơ quan có thẩm quyền của nước mà người đó là công dân đề nghị giải quyết cho người đó được thường trú tại Việt Nam.). When I asked them at Nguyen Du, they couldn't clarify it for me and just told me to go to the Pasteur office for more information. So I went there and they told me that I needed to go to the Australian consulate to obtain a letter to give me permission to permanently reside in Vietnam and that I would have to give up my Australian citizenship (which I am no prepared to do). I thought that was ludacris, because I was just after residency not citizenship. My husband asked an acquaintance at our local district police office and they confirmed the same thing. I went to the Australian citizenship office to ask them for assistance and they were of no help either and didn't know what I was talking about. The Australian consulate staff told me that they don't get involved in Vietnamese immigration procedures, which is fair enough. So from there I pushed the matter aside, until now.

Could you help clarify what is required at #4? Thanks in advance.
I would prefer to have all paperwork fully completed before lodging, to save time running around.

PS. I already have a 5 year visa exemption, but still require to visit them every 3 months to get an extension.

Jane
sorry to hear about this.
Công hàm của cơ quan có thẩm quyền của nước mà người đó là công dân đề nghị giải quyết cho người đó được thường trú tại Việt Nam means literally an official document from the competent body in the country the seeker has citizenship proposing/asking (on behalf of that person) to get permanent residence in Vietnam.

It does not say anything about renouncing your citizenship.
I don't know anything about Australian paperwork, but I would ask them whether they can write a letter just confirming your citizenship, and stating that they have no objection to your seeking Vietnamese permanent residence, alternatively stating you are free to seek Vietnamese permanent residence/you are free to relocate to Vietnam on a permanent basis/you are free to move to Vietnam. Anything they are comfortable writing relevant to the issue.

Next, I would go to this agency:
Kiều Bào Việt
147 Nguyễn Đình Chiểu, P.6, Q.3, TPHCM, Việt Nam
159 Lý Tự Trọng, P. Bến Thành, Q.1, TPHCM, Việt Nam
I have written about them many times.
https://www.expat.com/forum/viewtopic.php?id=164680

They provide free advice but also can apply on your behalf for a charge (not cheap).
Since they are an official agency, they can get away with less formal papers when they apply for you.
They may get away with the simple Australian declaration I suggest above.

It is worth to ask.
Let us know whether this helps.

Here's the website Anatta is talking about:

http://kieubaoviet.vn/

PRC's are a rough nut to crack and still are only good for 3 years, then you have to renew them.

Great. I will get this done just after the tet holidays. What a relief, sounds like a "can do" from here. Thanks so much for your guidance!

You are certainly welcome.
Forgot also to mention that you can of course go back to Nguyen Du presenting your complete paperwork and submitting it yourself instead of using Kieubaoviet.

Nguyen Du may just turn a blind eye to your simplified Australian paper as they sometime do. They know that foreign government does not write exactly like what Vietnamese law asks them to do, thus sometime accept anything that they can get.

See like this case which I have given some advice
https://www.expat.com/forum/viewtopic.php?id=335321


The bureaucrats are given a lot of flexibility.

Just an update on my progress or more so lack of progress in obtaining a PRC.
I got all my paperwork together to only be rejected at Nguyen Du once again. My paperwork was completed correctly and all the necessary consulate documents (translated, certified by the Dept of Foreign Affairs HCMC) were provided. However, the lady officer insisted that I have a job (employment contract) and that my husband must own the property in which we reside. Unfortunately, my husband doesn't own the property his mother does and the other properties that he does own is not residential. They advised us to 1) transfer ownership of the family home to my husband's name and to put me on the payroll of his company with a generous salary. Without the 2 conditions met, she could not accept my application. Renting a property is also not accepted and providing bank statements to show that we have more than sufficient finance to support ourselves and family is not accepted either according to the officer.
With this, we have decided to give up and just accept that we have to visit them at Nguyen Du every 3 months.

JaneMach wrote:

Just an update on my progress or more so lack of progress in obtaining a PRC.
I got all my paperwork together to only be rejected at Nguyen Du once again. My paperwork was completed correctly and all the necessary consulate documents (translated, certified by the Dept of Foreign Affairs HCMC) were provided. However, the lady officer insisted that I have a job (employment contract) and that my husband must own the property in which we reside. Unfortunately, my husband doesn't own the property his mother does and the other properties that he does own is not residential. They advised us to 1) transfer ownership of the family home to my husband's name and to put me on the payroll of his company with a generous salary. Without the 2 conditions met, she could not accept my application. Renting a property is also not accepted and providing bank statements to show that we have more than sufficient finance to support ourselves and family is not accepted either according to the officer.
With this, we have decided to give up and just accept that we have to visit them at Nguyen Du every 3 months.

I gave up inquiring about my PR after 2 yrs,  ( I got permission from the NZ Govt, no problem ), I got as far as the Cong An saying, ' all that was needed now was a visit to my neighbours ', ( I'm sure they would have given them glowing references  ), but about that time I had a little altercation with an off duty animal from HCMC, ( didn't find that out until later ),  After that , the answer was, ' its in Hanoi's hands ', it may have put the ca bosh on my application.

Hi Jane,
Just to let you know you're not the only one who has also been given the run around. We own our house with correct papers but now they want me to have a work permit. Just to get a 3 year residency. Crazy, isn't it. So I also get the 3 month stamp. I think they need to simplify and only have one set system. It seems to depend on who you talk to.

With regard to the Vietnamese Officials, that's an impossible suggestion   
How can they make extra money if Government pass and apply these kind of rules?

Kerryhcm wrote:

I think they need to simplify and only have one set system.

charmavietnam wrote:

With regard to the Vietnamese Officials, that's an impossible suggestion   
How can they make extra money if Government pass and apply these kind of rules?

Kerryhcm wrote:

I think they need to simplify and only have one set system.

I could sense that these lady officers were fishing for tea money from their devilish smirks to one another...but how much would be enough. I thought, even if they accepted our application, how far would our application actually progress... so with that thought we counted our losses for the mean time.

JaneMach wrote:

charmavietnam wrote:

With regard to the Vietnamese Officials, that's an impossible suggestion   
How can they make extra money if Government pass and apply these kind of rules?

Kerryhcm wrote:

I think they need to simplify and only have one set system.

I could sense that these lady officers were fishing for tea money from their devilish smirks to one another...but how much would be enough. I thought, even if they accepted our application, how far would our application actually progress... so with that thought we counted our losses for the mean time.

Exactly,, this has to go all the way to the top, imagine how many palms would have to be greased on the way., still with no guarantee of success.