Will the foreigners be penalized for overdue temporary residence card? If yes, how much is the penalty rate? This is one of the frequently asked questions for foreigners when their temporary residence card is overdue. This article will summarize the full penalty rates and solutions in case of overdue temporary residence card.
Duration of temporary residence card for foreigners
The duration of the temporary residence card granted to a foreigner is suitable for the purpose of entry and at the request of the inviting or guaranteeing agencies, organizations, or individuals.
According to the Law No. 51/2019/QH14 effective from July 01, 2020, the temporary residence card is valid for a period of 01 to 10 years, details as below:
+ Temporary residence cards with the symbol: ĐT1 is valid for no more than 10 years.
+ Temporary residence cards with symbols: NG3, LV1, LV2, LS, ĐT2 and DH are valid for no more than 05 years.
+ Temporary residence cards with symbols: NN1, NN2, ĐT3, TT are valid for no more than 03 years.
+ Temporary residence cards with symbols: LĐ1, LĐ2 and PV1 are valid for no more than 02 years.
When the temporary residence card expires, you can apply for a new temporary residence card if you wish to continue to stay in Vietnam in accordance with the purpose of entry.
Temporary residence card for working purposes for foreigners
Administrative penalty level for overdue temporary residence card
The Decree No. 167/2013/ND-CP on sanctioning of administrative violations regarding such violations against regulations on social security and order has specifically prescribed as below:
- Administrative monetary penalty of VND 500,000 to VND 2,000,000 for the acts of “Foreigner fails to declare temporary residence according to regulations or uses temporary residence certificate, temporary residence card, permanent residence card in Vietnam which have been overdue for 15 days or less without permission from competent authority” – Cited from Article 17, Clause 2, Point e.
- Administrative monetary penalty of VND 3,000,000 - VND 5,000,000 for the acts of “Foreigner fails to declare temporary residence according to regulations or uses temporary residence certificate, temporary residence card, permanent residence card in Vietnam which have been overdue for 16 days or more without permission from the competent authority” – Cited from Article 17, Clause 3, Point đ.
- Administrative monetary penalty of VND 5,000,000 - VND 10,000,000 for the acts of “Using fake passports, papers of valid value for fake passports, fake visas, fake temporary residence cards, fake permanent residence cards, fake proof marks for exit, entry, transit or residence.” – Cited from Article 17, Clause 4, Point b.
- Administrative monetary penalty of VND 15,000,000 - VND 25,000,000 for the acts of “Individuals and organizations in Vietnam guarantee or carry out procedures for foreigners to enter Vietnam, apply for visas, grant temporary residence cards, temporary residence extension, valuable papers for entry and residence in Vietnam but fail to fulfill their responsibilities as prescribed by laws” – Cited from Article 17, Clause 5, Point c.
- Administrative monetary penalty of VND 30,000,000 - VND 40,000,000 for the acts of “Counterfeiting passports or other papers with the value of changing passports, visas, temporary residence cards, permanent residence cards or verification marks” – Cited from Article 17, Clause 6, Point b.
Note: Depending on the severity of the violation and the overdue term of the temporary residence card, the foreigner will be issued with a new temporary residence card or forced to exit. Most seriously, a foreigner may be banned from entering Vietnam temporarily or permanently.
Call Nhi Gia to find out a solution when your temporary residence card expired or overdue
What to do if foreigners have an overdue temporary residence card?
In case the foreigner has an overdue temporary residence card, the following steps should be taken:
Step 1: Presenting to the foreigners management authority in Vietnam.
When the temporary residence card expires, the foreigners need to present himself at the Immigration Authority of the nearest province or city to accept the execution of the penalty and pay the fine as prescribed.
Individuals or organizations that invite, guarantee, or carry out procedures for applying the temporary residence cards for foreigners may be administratively sanctioned for their irresponsibility.
Step 2: Preparing documents to apply for a new temporary residence card.
If a foreigner wishes to stay in Vietnam, he/she should prepare to apply for a new temporary residence card at the Immigration Authority.
To find out specific solutions when a temporary residence card is expired or overdue, the employer can contact Nhi Gia Company via the call center 1900 6654 or click on https://www.facebook.com/nhigia. Our team of legal experts with extensive experience in the field will directly advise and support to give the right solution for your case.
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