Vietnam has become an increasingly attractive destination for foreign nationals who come to live, work, and invest. Along with this trend, residence management has emerged as a matter of significant importance, requiring foreigners to comply with Vietnamese laws and administrative procedures strictly. The Temporary Residence Card (TRC) is a crucial legal document that enables foreigners to reside lawfully in Vietnam for a specified period.
In practice, however, there are many cases where foreigners inadvertently let their TRCs expire without timely renewal or reissuance. Such situations not only affect the lawful residence status of foreigners but may also lead to administrative penalties and, in serious cases, deportation.
This legal advice provides clarification on:
- The penalty framework for foreigners who let their TRCs expire while residing in Vietnam.
- The statutory validity periods of TRCs.
- The categories of foreigners eligible to be granted TRCs.
The analysis is based on the Law on Entry, Exit, Transit, and Residence of Foreigners in Vietnam (Law No. 47/2014/QH13, as amended by Law No. 51/2019/QH14) and Decree No. 144/2021/ND-CP on administrative penalties for violations of security, order, and social safety.
1. Penalties for foreigners overstaying their temporary residence card
According to Article 18 of Decree No. 144/2021/ND-CP, specifically Point đ Clause 2, Point e Clause 3, Point b Clause 4, Point b Clause 5, Point d Clause 6, Point b Clause 8, and Clause 9, foreigners who allow their TRC to expire are subject to fines depending on the length of the overstay:
| Duration of overstay | Applicable fine (VND) |
| Less than 16 days | 500.000 – 2.000.000 |
| 16 days to under 30 days | 3.000.000 – 5.000.000 |
| 30 days to under 60 days | 5.000.000 – 10.000.000 |
| 60 days to under 90 days | 10.000.000 – 15.000.000 |
| 90 days or more | 15.000.000 – 20.000.000 |
In addition to monetary fines, deportation may also be applied as a supplementary penalty for violations under Clauses 1 through 7 of Article 18.
It should be noted that these penalties apply to individuals. In cases where organizations commit the same violation, the fine is doubled according to Clause 2 of Article 4 of the Decree.
Therefore, foreigners who overstay beyond the validity of their TRC may be subject to financial penalties and, in more serious cases, deportation from Vietnam.
2. Validity periods of temporary residence cards
The validity of TRCs is regulated under Article 38 of the Law on Entry, Exit, Transit, and Residence of Foreigners in Vietnam (2014, amended 2019). The law provides as follows:
| TRC Code(s) | Maximum Validity Period | Notes |
| All types | Must be at least 30 days shorter than the remaining validity of the passport | General requirement |
| ĐT1 | Up to 10 years | For certain investors |
| NG3, LV1, LV2, LS, ĐT2, DH | Up to 5 years | Diplomatic, working, investment, and educational purposes |
| NN1, NN2, ĐT3, TT | Up to 3 years | Representative offices, family members, etc. |
| LĐ1, LĐ2, PV1 | Up to 2 years | Employment and press |
| Expired TRCs | May be considered for reissuance | Renewal/replacement possible |
3. Categories of foreigners eligible for a temporary residence card
Under Article 36 of the Law on Entry, Exit, Transit, and Residence of Foreigners in Vietnam, the following cases are eligible for TRCs:
- Foreigners who are members of diplomatic missions, consular offices, or representative offices of international organizations under the United Nations or intergovernmental organizations in Vietnam. Their spouses, children under 18 years of age, and domestic helpers accompanying them during the official term are also eligible.
- Foreigners entering Vietnam with visas bearing the following codes: LV1, LV2, LS, ĐT1, ĐT2, ĐT3, NN1, NN2, DH, PV1, LĐ1, LĐ2, TT.
This provision reflects the intention of the law to grant residence rights to those who serve diplomatic, economic, social, and family purposes in Vietnam.
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