Are you a property owner, landlord, accommodation owner, etc. are renting a house to foreigners, or you have foreign friends/relatives living in Vietnam and want to know about regulations, procedures and fees for temporary residence registration for foreigners in Vietnam.
If you are a foreigner in Vietnam for any purpose (tourism, business travel, work, etc.), you need to be registered for temporary residence in Vietnam in accordance with the law to ensure your rights and interests for foreigners in Vietnam.
Let JHouse provide you with information about temporary residence registration for foreigners and how it works in Vietnam. The article will have many legal documents to compare and many other useful information, so please be patient and do not skip any information. We are sure it will be useful to you. Let’s just get started.
Register temporary for foreigners when renting a house in Vietnam
1. What is registration of accommodation for foreigners?
Temporary residence registration is an act by which a property owner declares to the local police that there are foreigners staying at his house within 12 hours (or 24 hours) from the time the foreigners enter in the accommodation.
2. Why is it necessary to register temporary residence for foreigners when renting a house?
- For property owners: To prove the compliance and execution of the regulations on accommodation business of Vietnamese law. No penalty for not registering temporary residence for foreigners when renting a house and to supervise tenants.
- For foreigners when renting a house: To prove that foreigners comply and execute the provisions of Vietnamese law. No penalty for not being registered for temporary residence. And especially, temporary residence confirmation is also an extremely important document for foreigners to: extend visas, apply for temporary residence cards, verify criminal records and supplement work documents
3. Is there any law on temporary residence registration for foreigners when renting a house?
Vietnamese law has regulations on temporary residence registration for foreigners when renting a house in Vietnam. Specifically applied by the following legal documents:
- Law on entry, exit, transit and residence of foreigners in Vietnam. Issued on 16/06/2014. See details of Law No. 47/2014/QH13.
- Amending the law, supplementing a number of conditions of the Law on entry, exit, transit and residence of foreigners in Vietnam. Issued on 25/11/2019. See details of Law No. 51/2019/QH14.
- Residence Law No. 68/2020/QH14. Issued on 11/13/2020.
- Circular 35/2014/TT-BCA. Issued on 09/09/2014.
- Decree 31/2014/ND-CP. Issued on 18/04/2014.
- Decree 167/2013/ND-CP. Issued on 11/13/2013.
- Circular 04/2015/TT-BCA. Issued on 05/01/2015.
- The latest regulations on entry and exit are updated at “Vietnam exit portal” – https://xuatnhapcanh.gov.vn/en.
4. What do foreigners need to do to protect their rights?
Here are useful tips from JHouse for foreigners to protect their legal rights when renting a house.
- Clarifying the terms of temporary residence registration for tenants in the rental agreement. It clearly states who is the performer, how long, what documents to provide, how fees are charged, etc.
- Prepare necessary documents and information to provide the owner when moving into the house. Please provide the owner (photocopy): Passport, Visa, temporary residence card and work permit (if any). Show the owner you’re serious about this.
- Ask the owner to provide proof of your completed temporary residence registration (online form or printed documents).
- If the owner is late in registering for temporary residence, ask the owner to give you a written explanation of the reason for the delay. It will be very useful for you in the worst case that the police check the accommodation.
5. Deadline for temporary residence registration for foreigners?
According to regulations on temporary residence registration for foreigners in Clause 2, Article 33 of the Law on Entry, Exit, Transit and Residence of foreigners in Vietnam No. 47/2014/QH13, within 12 hours from when a foreigner comes to the accommodation, the owner must complete registering of temporary residence (for the remote areas, the deadline is 24 hours).
Thus, for big cities like Ho Chi Minh, Hanoi, Da Nang, Binh Duong, Can Tho, Nha Trang, etc., the deadline for temporary residence registration for foreigners coming to stay is 12 hours.
6. Who will register the accommodation for foreigners?
According to the law, the property owner, the accommodation owner, the direct manager or the person legally authorized by the property owner is the person who registers the temporary residence for foreigners when renting.
7. Are real estate agents allowed to apply for temporary residence registration for tenants?
Brokerage agents are not allowed to do temporary residence registration for foreigners when renting a house.
However, in case the property owner legally authorizes the brokerage agent, then the brokerage agent is allowed to make temporary residence registration.
8. Which are the fees and who pay for them?
Currently, according to the provisions of the Law, the registration of temporary residence for foreigners is completely free of charge.
However, please follow the local practice. That’s the best way for you to get it done quickly.
9. Procedures for temporary residence registration for foreigners in Vietnam
There are two ways to register temporary residence for foreigners in Vietnam: Register for temporary residence online, or register with a declaration form directly at the police station.
Register for temporary residence online:
Step 1: The owner accesses the website of temporary residence information declaration of the local Immigration Department. For example: Ho Chi Minh City (https://hochiminh.xuatnhapcanh.gov.vn/), Hanoi (https://hanoi.xuatnhapcanh.gov.vn/).
Step 2: Sign up an account to register temporary residence for foreigners by filling in information such as name of accommodation, address, representative, phone number, …
Step 3: Log in and register temporary residence information for foreigners.
Register by form of declaration form directly at the police office:
Owners need to prepare documents including: a) Passport of tenants; b) Form of confirmation of temporary residence for foreigners (with signature of the tenant); and c) Declaration of temporary residence for foreigners (Form NA17 issued under Circular 04/2015/TT-BCA). Bring the file to the ward (district) police to register and receive the confirmation form back.
10. What documents do foreigners need to provide for temporary residence registration?
- In case of online temporary residence registration: Tenants need to provide the following documents (photocopy): Passport, Visa, temporary residence card and work permit (if any).
- In case of direct temporary residence registration: Tenants need to provide the reason for temporary residence registration and signature on the Application for Confirmation of Temporary Residence for Foreigners. Please contact the staff of JHouse to get [Form for confirmation of temporary residence for foreigners].
11. When do the police have the right to check residency?
The police have the right to check the residence at any time. Owners and tenants should note: Police need to wear uniforms, have name tags and especially “have no right to arbitrarily enter to check the residence”.
According to the Law on Residence 68/2020/QH14, Circular 35/2014/TT-BCA and Decree 31/2014/ND-CP, “The form of residence inspection is conducted periodically, irregularly, or upon request. demand for crime prevention and combat, maintaining security and order.”
12. What do foreigners need to do when the police check their residence?
- Check the validation of the police by examining the police uniforms and name tags.
- Provide passports, visas, temporary residence cards to the police
- Provide a Form of Confirmation of Temporary Residence for foreigners with police stamped and signed. Please copy a few copies, it will be useful for you.
- If you have not been registered as a temporary resident by the owner. Please provide written feedback from the owner about the delay in temporary registration.
13. Is the tenant or the landlord penalized when failure to register temporary residence before?
If not declare temporary residence, both tenants and lessors will be fined.
- For property owners, landlords, if you do not register temporary residence in accordance with regulations for tenants, there will be a fine from 2,000,000 to 4,000,000 VND – According to article 8 of Decree 167/2013/ND-CP.
- For foreigners who rent houses. If not registered for temporary residence in accordance with regulations, there will be a fine fine of between 500,000 and 5,000,000 VND – According to article 17 of Decree 167/2013/ND-CP.
14. What should owners and tenants do at the end of leasing contract?
- The owner should inform the police about the end of the tenant’s temporary stay and, or delete temporary residence registration at the website of temporary residence information declaration of the Immigration Department.
- Tenants need to notify or provide written termination of tenancy to the owner and request removal of temporary residence registration.
Complying with the temporary residence registration for foreigners in accordance with laws is a great way to ensure the rights and interests of both tenants and lessors.
JHouse hope that all of the above information will help property owners and lessors understand more about temporary residence registration and how to do it. And help foreigners understand more about temporary residence registration in Vietnam, what needs to be done.
Don’t worry if you are having questions about registering temporary residence for foreigners when renting a house in Vietnam. JHouse staff is always ready to provide you with useful information about temporary residence registration.