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Temporary Resident Card

Last activity 18 May 2015 by VanKhanh Ho

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frankieyow

I just got my work permit from Long An, but I am now staying in Ho Chi Minh City.

Can I apply my TRC in Ho Chi Minh City instead of in Long An ?

What is the most convenience and easier way to apply the TRC? Any recommendation?

Guest2023

You can reside in Saigon with that TRC, I did the same thing in Vung Tau with a TRC issued in Saigon. I would just confirm it by asking someone who is experienced in the latest law changes.

frankieyow

Thank you so much for the information.

My previous TRC which already expired was applied in Long An, as was told I need to apply over there.

Now I thought it would be more convenience to apply the new TRC in HCMC instead, hope they can accept my application.

Guest2023

frankieyow wrote:

Thank you so much for the information.

My previous TRC which already expired was applied in Long An, as was told I need to apply over there.

Now I thought it would be more convenience to apply the new TRC in HCMC instead, hope they can accept my application.


Ok, thats a different story,you now say its expired,I thought it was still current. Yes you will need to go back to Long An and apply for it again,its how they do things here.

MarkinNam

just catch the local bus its about 2 hours each way

VanKhanh Ho

Just for your understanding, your TRC is issued under your company's sponsoring. So where the company is, you have to apply for your TRC in the Provincial Immigration Dept. there.

After being granted a TRC, you can reside anywhere in Vietnam.

bluenz

VanKhanh Ho wrote:

Just for your understanding, your TRC is issued under your company's sponsoring. So where the company is, you have to apply for your TRC in the Provincial Immigration Dept. there.

After being granted a TRC, you can reside anywhere in Vietnam.


Your'e probably the best one to ask here, what do you know about people on TT visa;s being able to obtain a TRC now?

According to Article 36 of the Law no 47/2014/QH13 of the Government dated June 16, 2014 on entry, exit, transit, and residence of foreigners in Vietnam
“1. Foreigners being members of diplomatic missions, consular offices, representative offices of international organizations of the UN, intergovernmental organizations in Vietnam, their spouses, children under 18 years of age, and housemaid that go along during their term of office shall be issued with temporary residence cards with the symbol NG3.
2. Foreigners issued with LV1, LV2, ĐT, NN1, NN2, DH, PV1, LĐ, TT visas shall be issued with temporary residence cards with the same symbols.”
Accordingly, foreigners issued TT visa (including: foreigners are parents, spouse, and children under 18 years of age of the foreigners issued with LV1, LV2, ĐT, NN1, NN2, UNIVERSITY, PV1, LĐ visas, or foreigners that are parents, spouse, and children of Vietnamese citizens) are considering issuing Vietnam Temporary Residence Card. This article is expanded for foreigners that are parents, spouse, and children of Vietnamese citizens.

  I think this may have come into effect on May 1, 2015, when VEC holders had to use the M5A forms to extend their VEC,  M5A used to be one of the 3 forms required for a TRC. ( Change from VEC to TRC , pre Jan 01 2015 ).

VanKhanh Ho

bluenz wrote:

I think this may have come into effect on May 1, 2015, when VEC holders had to use the M5A forms to extend their VEC,  M5A used to be one of the 3 forms required for a TRC. ( Change from VEC to TRC , pre Jan 01 2015 ).


Actually I do not get what you meant here, since from my understanding, you must have a TT Visa to apply for a TRC. While if you keep extending your VEC, using any form, still mean that you choose to be exempted from a Visa, so that you will not have the basic condition to apply for a TRC also.

In conclusion my understanding is:
VEC = exemption from visa. No Visa no TRC
No VEC = refuse such exemption = apply for a TT Visa = can apply for a TRC using the TT Visa.

I will check with the authority this Thursday on whether it is as you think that there is a connection between VEC and TRC.

bluenz

VanKhanh Ho wrote:
bluenz wrote:

I think this may have come into effect on May 1, 2015, when VEC holders had to use the M5A forms to extend their VEC,  M5A used to be one of the 3 forms required for a TRC. ( Change from VEC to TRC , pre Jan 01 2015 ).


Actually I do not get what you meant here, since from my understanding, you must have a TT Visa to apply for a TRC. While if you keep extending your VEC, using any form, still mean that you choose to be exempted from a Visa, so that you will not have the basic condition to apply for a TRC also.

In conclusion my understanding is:
VEC = exemption from visa. No Visa no TRC
No VEC = refuse such exemption = apply for a TT Visa = can apply for a TRC using the TT Visa.

I will check with the authority this Thursday on whether it is as you think that there is a connection between VEC and TRC.


Yes, your conclusion was right, a VEC holder would have to apply for a TT Visa to apply for a TRC, if this was possible, they wouldn't  wouldn't need another Visa for the 3yrs?, but does this enable them to work, ( I would imagine they would still need a Work permit ? ) Could you also inquire about the fees as well pls.

VanKhanh Ho

bluenz wrote:

Yes, your conclusion was right, a VEC holder would have to apply for a TT Visa to apply for a TRC, if this was possible, they wouldn't  wouldn't need another Visa for the 3yrs?, but does this enable them to work, ( I would imagine they would still need a Work permit ? ) Could you also inquire about the fees as well pls.


Its should be like that, since a TRC is considered a replacement of a Visa. And what is the meaning of having a TRC if you also need to have a Visa for that entire time residing in Vietnam?!

To work in Vietnam, you still need a Work permit even though you already have a TRC through a TT Visa. TRC is for residing only, not for working. And a work permit is obligation of the employer also not just the employee. Your employer also need you to have a work permit so that they will not be imposed a penalty due to fail to follow labour law.

You meant the fee to obtain a TRC through TT Visa? I think it should be the same with TRC through work permit (USD80/1 year; USD100/2 years and USD120/3 years). They calculate it as how long the term of TRC that you want, not depends on what kind of TRC you have. However, this is still a good point that we need a confirmation from immigration authority, so that I will ask and let you know later.

bluenz

VanKhanh Ho wrote:
bluenz wrote:

Yes, your conclusion was right, a VEC holder would have to apply for a TT Visa to apply for a TRC, if this was possible, they wouldn't  wouldn't need another Visa for the 3yrs?, but does this enable them to work, ( I would imagine they would still need a Work permit ? ) Could you also inquire about the fees as well pls.


Its should be like that, since a TRC is considered a replacement of a Visa. And what is the meaning of having a TRC if you also need to have a Visa for that entire time residing in Vietnam?!

To work in Vietnam, you still need a Work permit even though you already have a TRC through a TT Visa. TRC is for residing only, not for working. And a work permit is obligation of the employer also not just the employee. Your employer also need you to have a work permit so that they will not be imposed a penalty due to fail to follow labour law.

You meant the fee to obtain a TRC through TT Visa? I think it should be the same with TRC through work permit (USD80/1 year; USD100/2 years and USD120/3 years). They calculate it as how long the term of TRC that you want, not depends on what kind of TRC you have. However, this is still a good point that we need a confirmation from immigration authority, so that I will ask and let you know later.


One more question, if a Foreigner ( with TRC ), bought a small VN business, ( or became a partner ), do they still require a Work Permit even though they are technically working for themselves? ( or are they regarded as working for the " business '? ).

VanKhanh Ho

bluenz wrote:

One more question, if a Foreigner ( with TRC ), bought a small VN business, ( or became a partner ), do they still require a Work Permit even though they are technically working for themselves? ( or are they regarded as working for the " business '? ).


Technically you asked me about this, please check your message :)

If the Business Licence states your name, so that you will not need to apply for a work permit anymore as you are an Investor now who is under the "categories of do not being granted a work permit", you also can apply for a TRC for maximum 5 years with such Business Licence.

However you will need to apply for a Confirmation that you are under the categories of do not being granted a WP, with simpler procedure compare with apply for a work permit. At this moment, people rarely comply with this regulation since there is a lack of connection between labour authority (who issue such Confirmation) and immigration authority (who issue visa/TRC). See if this regulation going to die silently or will be woke up one day.

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