A reader who has email address as hoaiphamx @ xx asked: My company had foreign workers and was granted a temporary residence card in Vietnam. However, due to not paying attention to the duration of the temporary residence card, the temporary residence card was expired but the employee has not submitted a new temporary residence card application. Please let me know how will this case be handled?

Lawyer Nguyen Thi Trang, YouMe Law Firm answers:

Point e, Clause 2 and Point dd, Clause 3, Article 17 of Decree No. 167/2013 / ND-CP prescribing sanctions for violations of regulations on exit, entry, transit, residence and travel, as follows:

2.  A fine of between VND 500,000 and 2,000,000 shall be imposed for one of the acts as follows:

e) Foreigners do not declare their temporary residence as prescribed or use certificate of temporary residence, temporary residence card or permanent residence card in Vietnam with expiration of 15 days or less without the permission of the competent authority;

3.  A fine of between VND 3,000,000 and 5,000,000 shall be imposed for one of the acts as follows: đ) A foreigner fails to register his/her temporary residence as prescribed or uses a temporary residence certificate, temporary residence card, or permanent residence card which has expired for 16 days or more without the permission of a competent authority;

Clause 8 and Clause 9, Clause 3, Article 17 of Decree No. 167/2013 / ND-CP prescribing remedial measures for violations of regulations on exit, entry, transit, residence and travel, such as after:

8. Remedial measures:

a) Coercively withdrawing the Passport or valuable papers in lieu of Passport, visa, temporary or permanent residence card or verification seal for the acts specified at Point b, Clause 2; Point d, dd, Clause 3; Point b of Clause 4; Point a and b, Clause 6 of this Article;

b) Coercively annulling the untruthful information for the acts specified at Point c, Clause 2; Point c, Clause 5 of this Article;

9. Foreigners who have acts of administrative violation specified in Clause 1,2, 3, 4, 5 and 6 of this Article, depending on the seriousness of violation, may be sanctioned in the form of expulsion from the Socialist Republic of Vietnam.

Thus, in case a foreigner uses an overdue temporary residence card, depending on how long it is overdue, a corresponding penalty will be imposed, and at the same time, one of the remedies may be applied. Consequences of the rule are cited above.