Section 2
PERMANENT RESIDENCE
Article 39. Persons eligible for consideration for permission for permanent residence
1. Foreigners who have made meritorious services and contributions to the national construction and defense of Vietnam and awarded medals or state honorary titles by the Vietnamese Government.
2. Foreigners who are scientists or experts temporarily residing in Vietnam.
3. Foreigners guaranteed by their parents, spouses or children who are Vietnamese citizen permanently residing in Vietnam.
4. Stateless persons who have been temporarily residing Vietnam since 2000 or earlier.
Article 40. Conditions for consideration for permission for permanent residence
1. Foreigners prescribed in Article 39 of this Law may be permitted for permanent residence if they have lawful places of habitation and stable incomes to ensure their livelihood in Vietnam.
2. Foreigners prescribed in Clause 2, Article 39 of this Law must be requested by ministers, heads of ministerial-level agencies or heads of government-attached agencies that perform the state management in their professional fields.
3. Foreigners prescribed in Clause 3, Article 39 of this Law must have been temporarily residing in Vietnam for at least 3 consecutive years.
Article 41. Procedures for permitting permanent residence
1. Foreigners applying for permanent residence permission shall carry out procedures at the immigration management agency. An application dossier comprises:
a/ An application for permanent residence permission;
b/ The applicant’s criminal record issued by a competent authority of the country of which the applicant is a citizen;
c/ A diplomatic note from the representative mission of the country of which the applicant is a citizen, requesting permanent residence permission for the applicant;
d/ A certified copy of the applicant’s passport;
dd/ Papers proving the applicant’s satisfaction of the conditions for permanent residence permission prescribed in Article 40 of this Law;
e/ A letter of guarantee, for foreigners prescribed in Clause 3, Article 39 of this Law.
2. Within 4 months after receiving a complete dossier, the Minister of Public Security shall consider and decide to permit permanent residence; if considering it necessary to make further verification, this time limit may be extended for up to 2 months.
3. The immigration management agency shall notify in writing the results to the applicant and provincial-level Public Security Department of the locality where the foreigner wishes to permanently reside.
4. Within 5 working days after receiving a notice from the immigration management agency, the provincial-level Public Security Department of the locality where the applicant wishes to permanently reside shall notify such to the foreigner whose application is accepted.
5. Within 3 months after receiving the notice of permanent residence permission, the foreigner must go to the immigration management agency of the provincial-level Public Security Department of the locality where he/she wishes to permanently reside to receive a permanent residence card.
Article 42. Permanent residence permission for stateless persons
1. A stateless person prescribed in Clause 4, Article 39 of this Law shall submit an application to the immigration management agency under the provincial-level Public Security Department of the locality where he/she is temporarily residing. The dossier comprises:
a/ An application for permanent residence permission;
b/ Papers proving that he/she has been temporarily residing in Vietnam since before 2000 and fully satisfy the conditions prescribed in Clause 1, Article 40 of this Law.
2. Procedures for permitting permanent residence of stateless persons must comply with Clauses 2, 3, 4 and 5, Article 41 of this Law.
Article 43. Renewal and re-grant of permanent residence cards
1. Permanent residence cards shall be granted by provincial-level Public Security Departments. Once every 10 years, foreigners permanently residing in Vietnam shall come to provincial-level Public Security Departments of the localities where they are residing to have their permanent residence cards renewed. A dossier comprises:
a/ An application for renewal of a permanent residence card;
b/ The permanent residence card;
c/ A certified copy of the passport, except for stateless persons.
2. If his/her permanent residence card is lost or damaged, or if there are any changes to its contents, a foreigner shall carry out procedures for re-grant of the card at the Public Security Department of the province or centrally run city where he/she is residing. The application dossier comprises:
a/ An application for re-grant of a permanent residence card;
b/ The permanent residence card or a report on the loss of the card, if the card is lost;
c/ A certified copy of the passport, except for stateless persons;
d/ Papers proving the changes in the contents of the permanent residence card.
3. Within 20 days after receiving a complete dossier, the Public Security Department of the province or centrally run city where the foreigner is residing shall re-grant the card.