Will foreigners be penalized for using expired temporary residence cards?

1. How long is the temporary residence card valid for?

Pursuant to Article 38 of the Law on Entry, Exit, Transit and Residence of Foreigners in Vietnam 2014 (amended by Clause 16, Article 1 of the Law on Entry, Exit, Transit and Residence of Foreigners in Vietnam, amended in 2019), the validity period of temporary residence cards for foreigners is stipulated as follows:

“Article 38. Duration of temporary residence card

1. The validity period of the temporary residence card is at least 30 days shorter than the remaining validity period of the passport.

2. Temporary residence card with symbol DT1 is valid for no more than 10 years.

3. Temporary residence cards with symbols NG3, LV1, LV2, LS, DT2 and DH are valid for no more than 05 years.

4. Temporary residence cards with symbols NN1, NN2, DT3, TT are valid for no more than 03 years.

5. Temporary residence cards with symbols LD1, LD2 and PV1 are valid for no more than 02 years.

6. Expired temporary residence cards will be considered for issuance of new cards.”

Thus, depending on the type of temporary residence card, the validity period will be different. The longest validity period of a temporary residence card is no more than 10 years and the shortest validity period of a temporary residence card is no more than 02 years.

2. Will foreigners be penalized for using expired temporary residence cards?

Pursuant to Article 18 of Decree 144/2021/ND-CP stipulating violations of regulations on exit, entry, transit, residence and travel as follows:

"Article 18. Violations of regulations on exit, entry, transit, residence and travel

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3. A fine of from VND 3,000,000 to VND 5,000,000 shall be imposed for one of the following acts:

a) Crossing national borders without completing exit and entry procedures as prescribed by law;

b) Destroying, erasing, deleting, correcting or distorting the form or content of passports, travel documents, international travel documents; documents issued to foreigners entering, exiting or residing in Vietnam or ABTCs;

c) Giving, lending, renting, leasing, mortgaging, accepting mortgage of passports, travel documents, international travel documents; documents issued to foreigners entering, exiting, residing in Vietnam or ABTC cards;

d) Allowing others to use passports, travel documents, international travel documents; documents issued to foreigners entering, exiting, residing in Vietnam or ABTC cards to commit acts contrary to the provisions of law;

d) Using passports, travel documents, international travel documents; documents issued to foreigners entering, exiting, residing in Vietnam or ABTCs of others to enter, exit, transit, reside or to commit other illegal acts;

e) Foreigners using temporary residence certificates, temporary residence extensions, temporary residence cards, or not being granted permanent residence cards in Vietnam for more than 16 days but less than 30 days without permission from a competent authority;

g) Foreigners who have been granted a permanent residence card but change their address but do not declare to have it reissued; foreigners who enter border economic zones or coastal economic zones under visa exemption and go to other locations in Vietnam without a Vietnamese visa as prescribed by law;

h) Tourist accommodation establishments that are hotels do not connect to the internet or computer network with the immigration management agency of the provincial or centrally-run city police to transmit temporary residence declaration information of foreigners;

i) Accommodation establishments that allow foreigners to stay overnight but do not declare temporary residence or do not update temporary residence declaration information as prescribed; foreigners do not provide or provide false information to accommodation establishments to declare temporary residence as prescribed by law.

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8. Remedial measures:

a) Forced revocation of passports, other documents in lieu of passports, visas, temporary residence cards, permanent residence cards or verification stamps for acts specified in Point b Clause 2; Points d, dd Clause 3; Point b Clause 4; Points a, b Clause 6 of this Article;

b) Forced cancellation of false information and documents for the acts specified in Point c Clause 2; Point c Clause 5 of this Article.

9. Foreigners who commit administrative violations specified in Clauses 1, 2, 3, 4, 5 and Clause 6 of this Article, depending on the severity of the violation, may be subject to the penalty of expulsion from the Socialist Republic of Vietnam."

Foreigners using expired temporary residence cards will be fined if the temporary residence card has expired for 16 days or more.

The penalty for using an expired temporary residence card will be from 3,000,000 VND to 5,000,000 VND.

In addition to the above fine, the remedial measure of revoking the temporary residence card must also be applied.

Depending on the severity of the violation, the penalty may include expulsion from the Socialist Republic of Vietnam.