Regulations on fines for overdue temporary residence cards for foreigners

Regulations on fines for overdue temporary residence card

Whether an overdue temporary residence card is fined? How much for these penalties? These are frequently asked questions when the temporary residence card of foreigner is overdue. You should not ignore this article if you want to study on regulations on fines for overdue temporary residence cards for foreigners. Let Visa Oriental show you more information about this topic!

Term of temporary residence card for foreigners in Vietnam

The duration of a temporary residence card depends on the purpose of entry and the time that the guaranteed company, individual requests when applying for temporary residence card.

Temporary residence card for foreigners in Vietnam is valid for 1 year, 2 years, 3 years and 5 years.

  • Temporary residence card with the symbol Investment has maximum duration of 5 years.
  • Temporary residence card with the symbol Temporary residence and Work has valid for no more than 2 years

There are many cases of foreigners stay over the expiry date of their temporary residence card.

If you wonder whether an overdue temporary residence card is fined, the answer is yes. When foreigners stay in Vietnam over expiry date of their temporary residence card, they will be administratively sanctioned.

Term of temporary residence card for foreigners in Vietnam
Term of temporary residence card for foreigners in Vietnam

Regulations on fines for overdue temporary residence card. How much an overdue temporary residence card shall be fined?

The level of administrative sanction when the Vietnam temporary residence card is overdue is specified in Decree 167/2013/ND-CP on sanctioning of administrative violations in the field of security order and social safety. 

  • A fine from VND 500,000 to VND 2.000.000 if foreigners do not declare their temporary residence as regulated or use overdue certificate of temporary residence card, temporary residence card or permanent residence card overdue from 15 days or less without State agency’s permission. 
  • A fine from VND 3.000.000 to VND 5.000.000 if foreigners do not declare their temporary residence as regulated or use overdue certificate of temporary residence card, temporary residence card or permanent residence card from 16 days or more without competent authority’s permission.
  • A fine from VND 5.000.000 to VND 10.000.000 if the foreigners use fake passports or papers with replacement value of fake passports, fake temporary residence cards for entry and exit.
  • A fine from VND 15.000.000 to VND 25.000.000 if the company, individual guaranteed foreigners has carried out procedures for foreigners to enter Vietnam but fails to comply with its responsibilities as prescribed by law.
  • A fine from VND 30.000.000 to VND 40.000.000 if making fake passports or papers with replacement value of passports, temporary residence cards, visas, permanent residence cards or verification stamps.

If overdue temporary residence card is seriously violated , foreigners may be forced to leave Vietnam, or more seriously, be banned from entering Vietnam temporarily or permanently.

Whether an expired temporary residence card shall be extended?

An expired Temporary Residence Card cannot be extended, but you can apply to make a new one. In case the Temporary Residence Card is overdue, it is necessary to pay the overdue fee according to the regulations on penalties for overdue Temporary Residence Card for foreigners. Then you can apply for a new Temporary Residence Card.

The duration of the new Temporary Residence Card depends on the remaining duration of the passport and theduration of the work permit or work permit exemption.

Settlement for overdue temporary residence card

If you do not know how to deal with the overdue Temporary Residence Card, there are two ways to handle this situation:

  • Paying overdue fines and applying for re-issuance of Temporary Residence Card
  • Paying overdue fines for Temporary Residence Card and existing Vietnam
Settlement for overdue temporary residence card
Settlement for overdue temporary residence card

Application for re-issuance of temporary residence card for foreigners after being overdue

  • Original passport with the validity over 1 year
  • Old Temporary Residence Card
  • Application form for Temporary Residence Card extension for foreigners (form NA6)
  • Declaration of Temporary Residence Card extension (form NA8)
  • 2 photos 2cm x 3cm
  • Legal profile of guaranteed company, unit

Depending on each specific case, one of the following documents need to be added:

  • Work Permit
  • Investment certificate, business license
  • Marriage certificate, household registration book, ID of spouse
  • License to establish branch or representative office
  • Certificate of temporary residence certified by the commune or ward police

Procedures for applying for a new Temporary Residence Card for foreigners when the previous Temporary Residence Card is overdue

Step 1. Pay overdue fine as regulated

When the temporary residence card expires, foreigners are absolutely not allowed to leave Vietnam on their own. Instead, report to the competent authority. At the same time, comply with regulations on sanctioning violations to be considered for mitigation.

Step 2. Prepare documents to apply for a new Temporary Residence Card

Depending on each specific case to prepare full documents as listed above.

Step 3. Submit documents to be re-granted Temporary Residence Card in Vietnam for foreigners

Submit documents to renew temporary residence card for foreigner at Immigration Department or Immigration Office.

Step 4. Receiving Temporary Residence Card

After 5 working days, the competent authority will complete the application for a new temporary residence card for foreigners.

If the application is approved, you will pay the fee. Then sign and get a new temporary residence card.

Procedures for applying for a new Temporary Residence Card for foreigners when the previous Temporary Residence Card is overdue
Procedures for applying for a new Temporary Residence Card for foreigners when the previous Temporary Residence Card is overdue

Duration for re-issuance of a Temporary Residence Card

Within no more than 5 working days from the date of receipt of complete application for re-issuance of temporary residence card, you will receive the result.

Fees of applying for re-issuance of Temporary Residence Card for foreigners in Vietnam

Fees for re-issuance of a new temporary residence card after it is overdue according to Circular 25/2021 of the Ministry of Finance:

  • Fee for re-issuance of temporary residence card with the term of 2 years: 145 USD.
  • Fee for re-issuance of temporary residence card with the term from over 2 years to 5 years: 155 USD.
  • Fee for re-issuance of temporary residence card with the term from over 5 years to 10 years: 165 USD.
Fees of applying for re-issuance of Temporary Residence Card for foreigners in Vietnam
Fees of applying for re-issuance of Temporary Residence Card for foreigners in Vietnam

Service of removing fine for overdue Temporary Residence Card for foreigners

In order to help foreigners quickly remove the fine of overdue Temporary Residence Card and make a new temporary residence card, Visa Oriental offers a full package of temporary residence card application services.

  • Accurate advice on the penalty level for overdue Temporary Residence Card
  • Support to remove the penalty for overdue Temporary Residence Card so as not to be blacklisted
  • Apply for re-issuance of Temporary Residence Card for work, investment, visit relatives
  • Prepare documents and submit them to the Immigration Department
  • 100% success guarantee

Oriental Visa has just shared full information about overdue Temporary Residence Card and how to handle it. For specific advice for your case or your relatives, please contact us HOTLINE 094 150 6226!

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