Personal Income Tax Finalization Upon Termination of Employment or Departure from Vietnam
In the context of globalization and increasing labor migration, many foreigners working in Vietnam want to bring their relatives (spouse, children, parents) to reunite and live here permanently. Legal procedures to sponsor relatives for entry and residence can be quite complicated, easily causing errors if the regulations are not clearly understood. Asia Legal Group, with many years of experience in the field of immigration - immigration, is ready to accompany you to realize your dream of "international love" without having to worry about legal procedures.
This article will provide you with a comprehensive overview - from the legal basis, process, documents, processing time, to risks and practical experiences encountered - so that you can prepare carefully and more easily in sponsoring relatives to Vietnam.
1. Legal Basis: Related Laws & Circulars
1.1 Law on entry, exit, and residence of foreigners
Mainly Law No. 47/2014/QH13 "Law on Entry, Exit, Transit, and Residence of Foreigners in Vietnam".
This Law has been amended and supplemented by Law No. 51/2019/QH14, effective from July 1, 2020.
Recently, there has been a further draft amendment, but the current relative sponsorship regulations mainly apply according to the forms and applications of Circular 22/2023/TT-BCA.
1.2 Circular 22/2023/TT-BCA
Issued on June 30, 2023, amending and supplementing document forms related to entry, exit, and residence of foreigners.
In particular, form NA3 (Application for sponsoring relatives of foreigners) has been updated since August 15, 2023, replacing the old form.
In addition to NA3, there are also forms such as NA16 (registration of representative seal & signature sample) when organizing a guarantee.
1.3 Receiving agency
The Immigration Department - Ministry of Public Security is the agency handling sponsorship applications.
There are three places to submit applications: Hanoi (44-46 Tran Phu, Ba Dinh), City. HCM (No. 333–335–337 Nguyen Trai, District 1), Da Nang (No. 7 Tran Quy Cap, Hai Chau).
Document processing time: according to the Public Service Portal, no more than 5 working days if applying for a visa at a foreign diplomatic mission, or 3 working days if applying for a visa at an international border gate.
2. Who May Have to Be a Relative Sponsor?
2.1 Subject of guarantee (Guarantor)
Individual: Vietnamese citizen or foreigner legally residing in Vietnam (temporary residence card, permanent residence card, work visa, etc.).
Organizations/Enterprises: when sponsoring foreign personnel (but in this case, form NA2 is often used, not NA3).
If you are an organization, you need to submit form NA16 to register your seal and representative signature.
2.2 Subjects of guarantee (Foreign relatives)
Legal relatives: spouse, child, parent, or recognized personal relationship if there is proof such as marriage certificate, birth certificate, household registration book, family relationship certificate.
Foreigners must have a passport with minimum validity (usually at least 6 months required when applying).
Not subject to entry bans under the Law (e.g. security violations, public health violations, deportation).
3. Documents Needed to Prepare
Below are detailed documents and records that need to be prepared when an individual sponsors a foreign relative:
3.1 Applications and declarations
Form NA3: Application for sponsoring relatives of foreigners (new form according to Circular 22/2023).
If organization: sample official letter NA2 (explaining personnel, purpose of invitation) - NA3 does not apply to organizations sponsoring relatives.
If you are a new organization working with the Immigration Department, you need form NA16 (registration of seal & signature sample) with legal documents.
3.2 Personal documents, proof of relationship
Notarized copy of ID card / Citizen identification card / Passport / Temporary or permanent residence card of the sponsor.
Documents proving family relationships: birth certificate (child), marriage certificate (spouse), household registration book or family certificate if necessary.
Passport of the sponsored person (copy): at least 6 months valid.
3.3 Other documents
Notarized copy of ID card / Citizen identification card / Passport / Temporary or permanent residence card of the sponsor.
Documents proving family relationships: birth certificate (child), marriage certificate (spouse), household registration book or family certificate if necessary.
Passport of the sponsored person (copy): at least 6 months valid.
4. Implementation Process – Detailed Steps
Below are detailed instructions according to the guarantee process:
Step 1: Fill in information & create electronic records
Access the e-portal of the Immigration Department to declare guarantee information according to form NA3.
Receive electronic file code after filling in information.
Print application NA3, sign and stamp (if an organization) - according to the new form Circular 22/2023.
Confirm signature if necessary (if organization, previously registered for NA16).
Step 2: Verify & authenticate
The guarantor brings the printed NA3 form to the commune/ward police office where he/she has household registration or temporary residence to request confirmation (for example, confirmation of signature, address).
Prepare personal documents and family relations (marriage, birth certificate, household registration book...) to prove family relationships.
If you are a guarantee organization, register the seal and signature according to form NA16 (if not yet registered).
Step 3: Submit application
- Form of submission: Directly at the Department of Export and Import Management (with branches in Hanoi, Ho Chi Minh City, Da Nang). Or submit online through the Public Service Portal if the sponsoring individual or organization has used an electronic account.
- When submitting directly, bring all prepared paper documents: NA3, personal documents, copy of passport, proof of relationship...
- Receive a receipt / appointment letter to return results after submitting the application.
Step 4: Track & process documents
After submitting, track the status of the application via the electronic application code.
The immigration agency will check the documents. If valid, a response will be issued within 3-5 working days (depending on the case).
The guarantor or organization receives the result dispatch at the immigration agency according to the appointment letter or registers to receive it by post (if allowed).
5. Time & Cost
5.1 Processing time
Standard time: 3–5 working days from submission of complete application.
Note: if documents are missing, the agency will request additional documents, which may take more time.
5.2 Costs
Administrative fee for temporary residence card (if continued after entry dispatch): according to current notice. For example, a temporary residence card paid directly costs 145 USD (according to the Public Services page).
Fees for translation and notarization of family relationship documents if necessary.
Travel expenses, submitting documents, receiving results (if done in person).
Sponsoring Relatives of Foreigners Residing in Vietnam
6. Common Difficulties, Risks & Important Notes
6.1 Common difficulties
- Errors when filling out form NA3: if information is incomplete or incorrect, the application may be returned. Use of the old form (before August 15, 2023) is easily rejected.
- Documents proving personal relationships are unclear: many people do not know what documents are needed (household registration, birth certificate, marriage certificate...), leading to missing documents.
- Translation - notarization: if relatives' documents are in a foreign language, they must be notarized into Vietnamese, wasting time and money.
- Applying in person: having to wait for an appointment, losing travel time; If submitting online, you need to know how to use an electronic account, digital signature...
- Wrong registration of seal/signature (with organization): if the guarantee organization has not registered the seal/signature sample according to NA16 or the sample has changed, the application will be difficult.
6.2 Legal risks
If you sponsor but do not comply with residency regulations (for example, the sponsored person violates residency, visa is overdue), it may affect future applications for a visa or temporary residence card.
If the guarantee information is fraudulent (fake relationships or documents), the official letter may be refused or handled according to immigration law.
Law changes: because there are amendments to the form (such as Circular 22/2023), guarantors need to update regularly to avoid using outdated forms.
6.3 Practical experience & mistakes from violation cases
Many uninformed units used the old NA3 form, leading to documents being returned. The legal media and immigration companies have warned about switching to the new form under Circular 22/2023.
Some personal guarantees skip the step of verifying family relationships. When providing missing or unnotarized documents, they are asked to supplement multiple times, prolonging the time.
Submitting the application close to the date the sponsored person is expected to enter the country: can create time pressure, but if the application is missing, it will be difficult to repair it in time.
The guarantee organization does not register NA16 before guaranteeing: leading to the document being returned or processed slowly.
7. Strategic Suggestions & Experience From Asia Legal Group
As a unit specializing in immigration legal consulting & relative sponsorship for foreigners in Vietnam, Asia Legal Group offers some recommendations and practical experiences to help customers save time, costs and limit risks:
- Consulting from the beginning: When you or a relative decides to sponsor, please contact Asia Legal Group for guidance on the type of form to use (new or old NA3), documents to prepare, and proper notarized translation.
- Standardize documents: We support the collection of personal documents and family relations; check legality; Notarization and translation instructions for complete documents.
- Prepare electronic documents & submit online: We have experience with the Public Service Portal system, electronic accounts, digital signatures, helping to reduce errors and save travel time.
- Tracking documents: Thanks to our experience, we can track the progress of processing documents and contact the Immigration Department when we need to supplement or update the status of documents.
- Support after official dispatch: When there is an entry official dispatch, we guide you on how to apply for a visa (if necessary), post-entry steps such as registering temporary residence, making a temporary residence card, or switching to a permanent residence card if eligible.
- Ensuring long-term compliance: We help customers update new regulations (laws, circulars) to manage their relatives' residence in accordance with the law, avoiding violations such as overdue temporary residence, false declaration, etc.
8. Practical Case Studies
To illustrate, below is one Real-life scenarios that Asia Legal Group has successfully supported (character has been anonymized to protect privacy):
- Client: A Korean engineer working in Hanoi, holding a work visa, wants to sponsor his wife and children to reunite.
- Challenge:
- Wife and children are in Korea, Korean passport, birth certificate are Korean versions - need notarized translation.
- The guarantor has never made a guarantee application before and does not have an XNC electronic account.
- The expected time of entry is after 2 months, so the application needs to be processed quickly.
- Asia Legal Group solutions: 1. Detailed consultation on necessary documents, support for notarized translation of birth certificates, registration of seal samples (if necessary) for the guarantor. 2. Prepare the NA3 application according to the new form (according to Circular 22/2023), fill out the electronic documents, get the application code, print and confirm at the police station of the sponsor's household registration ward. 3. Submit your application through the Public Service Door to avoid multiple trips; Authorized representative (with power of attorney) to receive official dispatch returning results. 4. Closely monitor processing progress. When documents are missing, supplement them immediately to avoid wasting time.
- Result: Within 4 working days, the Immigration Department issued immigration documents for the wife and child, then the wife/child applied for a visa at the Vietnamese embassy in Korea and entered the country successfully. After entering the country, Asia Legal Group continues to support temporary residence registration and temporary residence card application if customers want to reside long-term.
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10. Conclusion
Sponsoring foreign relatives residing in Vietnam is an important step to realizing the dream of family reunion. However, the legal process is not simple. If you do not master the regulations such as application forms, personal documents, where to submit documents and processing time frame, you will easily face risks - documents will be returned, time will take longer, and costs will be complicated.
Asia Legal Group Proud to be a reliable partner, supporting you from A to Z: from consulting, document preparation, tracking, processing to after entry. With message “International love – We take care of legal documents”, we are committed to bringing maximum peace of mind to customers in the journey of sponsoring their relatives to Vietnam.
Source: Asia Legal Group
Phone number:028 6674 3333 - 0945 009 002 (Deputy General Director)
Website:https://dinhgiaav.com/
Address: 6-8 Phan Huy Thuc, Tan Kieng Ward, District 7, Ho Chi Minh City
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