Vietnam, a rapidly growing country with a rich cultural heritage and booming economy, has become an attractive destination for expatriates seeking work, business opportunities, or a better quality of life. If you’ve spent some time living in Vietnam and are ready to make it your permanent home, applying for permanent residence (PR) in Vietnam can offer several benefits, including the ability to live and work without time limitations and access to certain public services.
This guide will walk you through the process of obtaining permanent residency in Vietnam, the requirements, and other essential information to help you navigate the system successfully.
What is Permanent Residence (PR) in Vietnam?
Permanent residence (PR) in Vietnam allows foreign nationals to live in the country indefinitely, without needing to renew a visa or residence permit. Unlike a visa, which is typically temporary and requires periodic renewal, a PR status gives you the flexibility to reside, work, and travel in and out of Vietnam with fewer restrictions. However, it’s important to note that PR doesn’t grant the same rights as Vietnamese citizenship, such as the right to vote or hold certain positions in the government system.
A Temporary Resident Card (TRC) is usually linked to an employer, a business, or a family sponsor, and it’s valid for up to five years, with the need for renewal afterward. If there’s a significant change in employment or sponsorship, a TRC may lose its validity. On the other hand, a Permanent Resident Card (PRC) stands independently of employment or sponsorship, making it a great option for those seeking long-term stability in Vietnam.
Who Qualifies For Permanent Residence?
Before applying for permanent residence in Vietnam, you need to meet certain eligibility criteria. The Vietnamese government offers different paths to PR depending on your specific situation.
Here are the main categories of foreigners who can apply for permanent residence:
Foreign Investors
Foreign nationals who have invested in Vietnam can apply for PR. This includes individuals who have invested a substantial amount of capital into Vietnamese businesses or real estate. The government encourages foreign investment, and long-term investors are rewarded with the option to stay in the country permanently.
To qualify for PR as an investor, you must meet the following criteria:
- You must have made a significant investment in a Vietnamese business, typically at least USD 10 million.
- You must have maintained the investment for a certain period, usually at least 3 years.
- You must prove that your investment has contributed to the economic development of the country.
Highly Skilled Workers
Professionals with specialized skills and expertise in fields such as technology, medicine, or education may also be eligible for permanent residence. Vietnam recognizes the need for skilled labor to drive economic development, so it actively seeks to retain talented workers.
To apply under this category, you must:
- Hold a valid work permit in Vietnam for at least 3 years.
- Have a degree or professional qualification in a relevant field.
- Be employed in a position that is crucial to Vietnam’s development, such as teaching, healthcare, or engineering.
Spouses and Children of Vietnamese Citizens
Foreign spouses and children of Vietnamese citizens can apply for permanent residence under a more straightforward process. This is a common pathway for expatriates married to Vietnamese nationals.
Requirements for this category include:
- Proof of your marriage to a Vietnamese citizen or evidence of being the child of a Vietnamese citizen.
- You must be have been married for at least 3 years or have a child who is a Vietnamese citizen.
Individuals Who Have Made Significant Contributions to Vietnam
Foreign nationals who have made significant contributions to Vietnam’s culture, economy, or society may also be granted permanent residence. This could include philanthropists, prominent artists, or individuals with a significant cultural impact in the country.
You will need to provide strong evidence of your contributions to Vietnam’s development, and the decision is often discretionary, based on the applicant’s standing in society. In practice, this path is exceedingly rare.
Legal References
The main legal framework revolves around the 2014 Law on Entry, Exit, Transit, and Residence of Foreigners in Vietnam (Law No. 47/2014/QH13). Within that law, Articles 39 through 46 are especially relevant. Another important piece is Decree No. 82/2015/ND-CP, which lays out guidelines for implementing certain parts of the law.
The Application Process for Permanent Residence in Vietnam
Obtaining permanent residence in Vietnam is a structured process that requires a lot of documentation and adherence to regulations. Below is a step-by-step guide to help you navigate the application process.
Step 1: Prepare Required Documentation
The documentation required for permanent residency varies depending on your category of eligibility. However, in general, the following documents are required:
- Application form for Permanent Residence (PR)
- Passport
- Visa or Temporary Residence Card
- Proof of your current employment, investment, or family relationship (if applicable)
- For investors: Proof of investment or shareholding
- For professionals: Work contract and qualifications
- For spouses/children: Marriage or birth certificate
- Health check-up report
- Police clearance from your home country
- Proof of financial stability (if applicable)
- Photographs in the required format
- Tax payment and other legal documents proving good standing in Vietnam
Step 2: Submit Your Application to the Immigration Department
Once you have collected all the necessary documents, submit your application to the Vietnamese Immigration Department, either in the city where you reside or at the Ministry of Public Security. You may need to visit the Immigration Department in person to submit your application.
It’s recommended that you consult with a legal professional or immigration consultant to ensure that your application is complete and meets all the requirements. Any missing or incorrect documents can lead to delays in processing.
Step 3: Pay the Application Fees
The application for permanent residence in Vietnam typically comes with a fee, which can vary depending on the type of application. The fee must be paid at the time of submission, and it covers processing costs and administrative expenses. Fees generally range from USD 200 to USD 1,000, depending on the complexity of your case and the type of application.
Step 4: Wait for Processing
The approval process for permanent residence can take several months, depending on the volume of applications and the complexity of your case. Typically, you can expect to wait anywhere from 6 months to 2 years for a decision. During this time, the Immigration Department will review your application, conduct background checks, and verify the submitted documents.
It’s important to be patient and follow up regularly on the status of your application. If there are any issues with your application, the immigration office will notify you.
Step 5: Interview or Additional Documentation (if required)
In some cases, the Immigration Department may require an interview to further assess your application. If you are applying through family connections, such as a Vietnamese spouse, you may be asked to provide more evidence of your relationship.
Step 6: Approval and Issuance of Permanent Resident Card
If your application is approved, you will receive a Permanent Residence Card (PRC), which allows you to stay in Vietnam without needing to renew your visa. The PR card is typically valid for 10 years and can be renewed upon expiration. This card will serve as your proof of permanent residence status and grant you the rights and privileges associated with permanent residency.
Seek Professional Legal Assistance
Navigating Vietnam’s legal system, especially when applying for permanent residency, can be complex. Russin & Vecchi, an international law firm established over 60 years ago, has extensive experience in Vietnam, with offices in Ho Chi Minh City and Hanoi. Our team of knowledgeable lawyers offers a wide range of services, including assistance with visas, work permits, and residency applications.
Whether you’re an investor, a skilled professional, or seeking residency through family reunification, Russin & Vecchi has the knowledge and resources to guide you every step of the way.
FAQs
1. Can I work in Vietnam while waiting for my Permanent Residence application to be processed?
Yes, you can continue to work in Vietnam while your Permanent Residence application is being processed, as long as you have a valid visa or Temporary Resident Card (TRC). Once your PR status is approved, you will no longer need a work permit.
2. How long does it take to get Permanent Residence in Vietnam?
The processing time for a Permanent Residence application can vary depending on your case and the local immigration office. On average, it can take anywhere from 6 months to 2 years for approval.
3. Do I need to speak Vietnamese to apply for Permanent Residence?
While speaking Vietnamese is not a formal requirement for applying for PR, having basic language skills can be helpful, especially during the application process. It may also improve your ability to integrate into Vietnamese society.
4. Can my family members apply for Permanent Residence with me?
Yes, your spouse and children under the age of 18 may be eligible to apply for Permanent Residence under the family reunification category. Each family member will need to submit their own application and meet the relevant requirements.
5. Is it possible to lose Permanent Residence status?
Yes, you can lose your Permanent Residence status if you violate Vietnamese laws or if you leave the country for an extended period without notifying the authorities. Additionally, changes in your employment or family status may affect your eligibility.
6. Can I apply for Vietnamese citizenship after obtaining Permanent Residence?
Yes, after holding Permanent Residence for a certain number of years (typically 5 years), you may apply for Vietnamese citizenship, provided you meet additional criteria. However, dual citizenship is not allowed in Vietnam, so you would need to renounce your original citizenship if granted Vietnamese nationality.
7. What happens if my application for Permanent Residence is rejected?
If your application is denied, you will receive an explanation from the immigration authorities. In some cases, you may be able to reapply or appeal the decision, depending on the circumstances of the rejection.
