IF A PASSPORT AND WORK PERMIT ARE ABOUT TO EXPIRE, IS IT STILL POSSIBLE TO OBTAIN A TEMPORARY RESIDENCE CARD?
QUESTION
Dear TLK Law Firm, I hope your company can answer the following problem: currently, my passport and work permit are about to expire. So I want to know, can I apply for a temporary residence card if my passport and work permit are about to expire? Looking forward to your company's answer. Thank you!
RELATED ARTICLES
1. What is temporary residence card? What documents are needed for foreigners to be granted a temporary residence card?
2. The case was granted temporary residence cards?
3. How long does it take to get a work visa?
Thank you for your trust and sending questions to TLK Law Firm. Based on legal regulations and practical solutions, we would like to send you the following consulting content:
LEGAL BASIS
1. Consolidated document of the Law on Entry, Exit, Transit, and Residence of Foreigners in Vietnam No. 27/VBHN-VPQH passed by the National Assembly on December 16, 2019;
2. Labor Code No. 45/2019/QH14 passed by the National Assembly on November 20, 2019;
3. Decree No. 152/2020/ND-CP issued by the Government on December 30, 2020 regulating foreign workers working in Vietnam and recruitment and management of Vietnamese workers working for foreign organizations and individuals in Vietnam;
4. Other legal documents providing relevant guidance.
CONSULTATION CONTENT
For foreigners residing in any country, there are often situations where passports and work permits may be about to expire. In this case, a question that often arises is whether it is possible to apply for a temporary residence card to continue to maintain legal residence in that country. In this article, we will provide detailed information about "If a passport and work permit are about to expire, is it still possible to obtain a temporary residence card?"
Photo 1. If a passport and work permit are about to expire, is it still possible to obtain a temporary residence card?_Hotline: 0972118764
I. SOME IMPORTANT LEGAL ISSUES RELATED TO THE ISSUANCE OF TEMPORARY RESIDENCE CARD WHEN PASSPORT AND WORK LICENSE ARE EXPIRING
1. What is a passport?
According to the Law on Entry, Exit, Transit, and Residence of Foreigners in Vietnam 2014, a passport is a document owned by the State, issued by a competent Vietnamese agency to the public. Vietnamese people use it to exit, enter, and prove nationality and identity.
The passport has all the basic information, including:
- Portrait;
- Surname, middle name and first name;
- Date of birth;
- Gender;
- Nationality;
- Symbols and numbers of immigration documents;
- Date, month, year of issue, issuing agency;
- Expiration date, month, year;
- Personal identification number or identity card number;
- Position and title for diplomatic passports and official passports in accordance with foreign affairs requirements.
Languages in the passport include both Vietnamese and English.
2. What is a work permit?
According to the Visa Information Page for Vietnamese, a work permit is a document that allows foreigners to work legally in Vietnam. The work permit clearly states information about the employee, including full name, passport number, date of birth, nationality, passport number, name and address of the working organization, and work position.
Pursuant to the 2019 Labor Code, some basic regulations on work permits for foreigners are as follows:
(1) Foreign workers must present their work permit when requested by a competent state agency;
(2) Foreign workers working in Vietnam without a work permit will be forced to leave or deported according to the provisions of law on entry, exit, transit, and residence of foreigners in Vietnam;
(3) Employers who employ foreign workers to work for them without a work permit will be handled according to the provisions of law.
Above is some basic information about foreigners' work permits that you need to keep in mind.
3. Can I apply for a temporary residence card if my passport and work permit are about to expire?
According to the Law on Entry, Exit, Transit, and Residence of Foreigners in Vietnam 2014, the validity of a temporary residence card will be shorter than the validity of a passport, which is at least 30 days. Therefore, there are cases when applying for a temporary residence card but the passport is about to expire. Therefore, you need to apply for a new passport.
In case, if the work permit is about to expire, request the business or organization to extend the work permit for foreigners. The condition to apply for a temporary residence card is a work permit that is valid for at least 1 year.
Photo 2. If passport and work permit are about to expire, is it still possible to obtain a temporary residence card?_Hotline: 0972118764
II. SUMMARY OF THE ANSWER SECTION: CAN I APPLY FOR A TEMPORARY RESIDENCE CARD WITH A PASSPORT AND WORK LICENSE ABOUT EXPIRATION?
Dear Customers, from the above synthesis and analysis, TLK Law Firm would like to give the following answer:
The Law on Entry, Exit, Transit, and Residence of Foreigners in Vietnam 2014 stipulates as follows:
When your passport and work permit are about to expire, you can apply for a temporary residence card. However, depending on the remaining term of the passport and work permit, specific related legal procedures need to be carried out.
=> See more: How to convert visa type to temporary work residence card?
III. HOW SHOULD YOU BEST CHOOSE AN ORGANIZATION THAT PROVIDES LEGAL SERVICES?
An organization providing quality and reputable legal services should have the following criteria:
First: Must be an official legal organization with a legal operating license;
Second: It is better if the Board of Directors must be lawyers, experienced and have high degrees;
Third: Have a team of lawyers and a systematic, professional, and thoroughly trained human resources system;
Fourth: Friendly, dedicated and make every effort for the benefit of customers. Consider customer satisfaction and work quality as your own honor;
Fifth: Professional, thoughtful, flexible and logical service provision process to optimize work performance and save customers' time;
Sixth: Reasonable and competitive service prices;
Seventh: Rich services in both fields of supply and service packages in the same field for customers to choose the appropriate service package, as well as comprehensive support for customers throughout the operation process. movement;
Eighth: Have the ability to Connect - Promote commercial relationships for customers if customers have needs,...
Finding a comprehensive, professional and reputable legal consulting organization is what every customer wants. Because no one wants to risk losing both money and time when the results are not as expected. However, finding such an organization is not easy because the number of service providers in the Vietnamese market today is very large with varying quality.
A suggestion for you: Although our TLK Law Firm does not dare to claim to be the best legal service provider on the market, we satisfy all of the above criteria and more will definitely be a good choice for you
IV. SOME QUESTIONS RELATED TO REQUIREMENTS FOR CASES BEING ISSUED FOR TEMPORARY RESIDENCE CARD
Question 1: What are the conditions for applying for a temporary residence card for foreigners working?
Reply:
According to the National Immigration Information Page, conditions for applying for a temporary residence card for foreigners working include:
- Foreigners' passports must have a minimum validity of 13 months (In case the passport is valid for 13 months, the Immigration Department will issue a temporary residence card with a maximum validity of 12 months);
- Visa. The visa being used in Vietnam by a foreigner must be for the right purpose (Visa must have the symbol LD, LD1, LD2 or DN, DN1, DN2) previously guaranteed by the company;
- In case of converting from a visa or other type of temporary residence card to a working temporary residence card, a work permit or work permit exemption certificate and other appropriate conditions are required according to the provisions of law (Cases converted according to the provisions of Clause 4, Article 7 of Law No. 51/2019/QH14 amending and supplementing a number of articles of the Law on Entry, Exit, Transit, and Residence of Foreigners in Vietnam);
- Have a work permit (Work Permit) or work permit exemption certificate with a minimum validity of 1 year (full 12 months).
Thus, to be granted a temporary residence card, foreigners must simultaneously meet the above conditions.
Question 2: If a foreigner's passport expires, can a work permit be issued?
Reply:
The answer is No.
Pursuant to Decree 152/2020/ND-CP, it is stipulated that the application for a work permit must include a certified copy of a valid passport according to the provisions of law.
Therefore, if a foreigner's passport expires, he or she will not be issued a work permit.
=> See more: Visa extension for foreigners working in Vietnam
Above is some general advice that we would like to offer to our customers. As a service provider, we always understand and are ready to accompany and solve the needs and difficulties that customers are facing. If you still have questions or need more in-depth advice, please contact the hotline: 0972118764 to receive direct advice from a lawyer (completely free consultation).
Thank you very much!
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