Legal basis:
- Law on Entry, Exit, Transit and Residence of Foreigners in Vietnam 2014;
- Circular 53/2016/TT-BCA stipulating how to declare and receive information on temporary residence of foreigners in Vietnam.
Foreigners temporarily residing in Vietnam must go through the person directly managing and operating the accommodation establishment to declare their temporary residence to the Police of the ward (commune or township) where the accommodation establishment is located. In the case of accommodation establishments that are leased to foreigners for long-term stay, but the owners of the accommodation establishments do not reside there or the houses are purchased by foreigners, the person named in the lease or house purchase contract is responsible for declaring temporary residence for foreigners temporarily residing at such accommodation establishments (collectively referred to as “temporary resident declarants”).
Accordingly, accommodation establishments are temporary places of residence of foreigners in the Vietnamese territory, including tourist accommodation establishments; guest house; housing areas for foreigners to work, work, study and practice; medical facility; home.
There are 02 forms of temporary residence declaration for foreigners:
(i) Declare online at the website of the Immigration Department of the Public Security Bureau of the province or centrally run city where the accommodation is located, applicable to:
- Tourist accommodation establishments are hotels;
- Guest houses, living quarters for foreigners to work, labor, study, practice, medical examination and treatment establishments, private houses or other accommodation establishments.
Method of making declaration through this form is specifically guided in Articles 4, 5 and 6 of Circular 53/2016/TT-BCA as follows:
- Access the website to receive declaration accounts;
- Make declaration of temporary residence information;
- Immigration Departments of Public Security of Provinces or Municipalities receive information on temporary residence of foreigners declared via the website 24 hours a day.
(ii) Declare with a temporary residence declaration form, applicable to: Guest houses, residential areas for foreigners to work, labor, study, practice, medical examination and treatment establishments, private houses or other accommodation establishments (except hotels).
With the form of declaration by temporary residence declaration form, the declarant of temporary residence must contact the police station of the ward (commune or town) to be granted a form of temporary residence declaration form. The temporary residence declarant fills in all information on the temporary residence declaration form and directly transfers the temporary residence declaration form to the police station of the commune where the accommodation establishment is located within 12 hours (for remote areas), remote areas within 24 hours) from the time the foreigners come to register for temporary residence.
ADK & Co Vietnam Lawyers Law Firm