VIETNAM'S VISAS AND WORK PERMITS PROCEDURES

Friday, 19/07/19

Based on Vietnam Labor and Immigration Laws, foreign workers working in Vietnam must process a number of procedures and legal frameworks that must be understood. In this article, we discuss the documents necessary for the foreign labors in Vietnam, including Short-Term Business Visas; Work Permits or Work Permit Exemption and Temporary Residence Cards. The companies seeking to employ foreign nationals, they must apply and get the short-term business approval letter for at least 3 months in advance in order to obtain the Vietnam’s visa, then a recruitment plan by the company must be submitted at least thirty days in advance of the worker's arrival to the provincial Department of Labor, Invalids and Social Affairs (DoLISA). Or where the work permit is not compulsory, a notice must be submitted seven days in advance to the DoLISA prior to working in Vietnam. Currently, Vietnam Authorities are becoming stricter regarding work permits. Those who violate the regulations by working in Vietnam without a work permit may be penalized or, if unable to meet work permit requirements, deported back to their home countries.

OVERVIEW OF VIETNAM’S VISAS AND WORK PERMITS

Overview of Vietnam Visa Types

ĐT Visas – Vietnam Investor Visas:

Granted for foreign investors in Vietnam and foreign lawyers practicing in Vietnam
Visa duration: no longer than 05 years

Condition: Any foreigner who comes to make investment must have papers proving the investment in Vietnam in accordance with the Law on Investment, and any foreigner who works as a lawyer in Vietnam must have a practice license in accordance with the Law of Lawyers

DN visas – Vietnam Business Visas:

Granted for people working with company in Vietnam
Visa duration: no longer than 12 months
Condition: Foreigners must have a sponsored company in Vietnam

LĐ visas – Vietnam Working Visas:

Granted for foreigners with working purpose
Visa duration: no longer than 02 years
Condition: Any foreigner who comes to work in Vietnam must have work permits or work permit exemption certificates in accordance with the Labor Code

LV visas – Vietnam Working visas with Vietnam government:

Vietnam visa symbolized as LV1 - issued to persons working with the departments, agencies and units under the central Communist Party of Vietnam; The National Assembly, the Government, the Central Committee of the Vietnam Fatherland Front, the Supreme People's Court; Supreme People's Procuracy, State, ministries, ministerial-level and governmental agency’s Audit; Provincial Party Committees, People's Councils, Provincial and City People's Committees under central authority.
Vietnam visa symbolized as LV2 - issued to persons working with political and social organizations, social organizations, the Chamber of Commerce and Industry of Vietnam.
Visa duration: no longer than 12 month

Overview of Vietnam Work Permits

Who can apply for a Vietnam work permit?

Foreigners working in Viet Nam (hereinafter referred to as foreign workers) in one of the forms below:

Vietnam work permit is issued to foreigners to work under labor contracts;
Vietnam work permit exemption certificate granted to people who is being transferred within an enterprise;
Vietnam work permit is issued to foreigner who comes to Vietnam for performance of any of the following types of contract, namely economic, commercial, financial, banking, insurance, scientific and technical, cultural, sports, educational, vocational training or medical health contracts;
Foreigner provides services under contract must apply for Vietnam work permit offering services;
Vietnam work permit is granted to foreigner labor who work for a foreign non-Governmental organization which is permitted to operate pursuant to the law of Viet Nam;
Volunteers also need a work permit in Vietnam
Foreigners responsible for establishing commercial presence;
Vietnam work permit is granted for up to two years for managers, executive directors, experts and technical workers;
Foreigners participating in a tender contract or project in Viet Nam.

Conditions for getting a Work Permit in Vietnam

Where a work permit in Vietnam is not compulsory, a written notice must be submitted seven days in advance to the provincial Department of Labor - Invalids and Social Affairs (DoLISA) prior to working in Vietnam. Currently, Vietnam work permits for foreigners are valid for a maximum of two years and are able to be extendable. If you’re a foreigner labor coming to and living in Vietnam and want to apply for a work permit, you have to satisfy the following conditions:

There is capacity for civil acts fully in accordance with the law.
There is health fit with the job requirements.
Not offenders or being prosecuted for criminal liability in accordance with the law of Viet Nam and foreign law.
Being approved in writing by the competent State agencies on the use of foreign workers.
If you are a foreign experts, you have to satisfy the following documents:

Having a written document proving him/her as an expert of a foreign agency, organization or enterprise;
Having a college degree or equivalent or higher qualifications and have at least 03 year-working experience in the field consistent with the position that the foreign workers are expected to work in Viet Nam; special cases shall be considered and decided by the Prime Minister, OR

If you are being a manager, executive director, you need to provide the following documents

Managers of an enterprise as the manager of the company or manager of private company, who is either an owner of a private company, a general partner, the Chairpersons of the Board of members, a member of the Board of members, the company's President, the Chairperson of the Board of Directors, a member of the Board of Directors, the Director/General Director, or a person holding another managerial position who is entitled to enter into the company’s transactions on behalf of the company according to the company’s charter, or heads and deputy heads of an agency or an organization;
Chief Executive Officers who lead and directly operate subsidiary units under agencies, organizations and enterprises;

If you are a technician, the following documents must be provided:

A specialized training certificate for least 01 year, or diplomat certificate

Have at least three-year working experience in the field consistent with the position that the foreign workers are expected to work in Viet Nam

The foreign documents including the Foreign Police Clearance Certificate, health certificates, and certificate of working experiences in foreign languages must be legalized and translated into Vietnamese and certified in accordance with regulations of Vietnam.

Personal documents the applicants must have for Vietnam Work Permit

You should contact a trusted work permit service provider to get the furthest information. Basically, following are documents you must prepare and submit to your provider:

Education background i.e bachelor, master, doctorate or appropriate qualifications;
A letter of working experience confirmation from former employers at least 3 years in the relevant position
Foreign Police Clearance Certificate
Health check certificate.

Who are exempted from Vietnam Work Permit?
Foreigners enter Vietnam to work are required a work permit, except these following cases:

Foreigners work in Vietnam shorter than 03 months;
Foreigners are the members of a limited liability company with two members or more;
Foreigner who owned a limited liability company with a member (except an authorized representative);
Foreigners who are the Board of Directors members of the joint-stock company;
Foreign workers entering Viet Nam to provide services;
Foreigners enter Vietnam for 03 months to handle emergency problems such as incidents, technical situations, arising complex technologies that affect or likely to affect production, business that Vietnamese experts or foreign experts currently in Vietnam cannot handle. If the time for the said matters is more than 03 months, they have to apply for a work permit.

PROCEDURES TO APPLY FOR VIETNAM’S VISA AND WORK PERMIT

<I> - Procedures to apply for Vietnam’s Visa

STEP 1: Applying for a Visa Approval Letter of Business Visa, Work Visa, Investment Visa

For the purposes of business, work or investment, the applicants are required a Visa Approval Letter from the Ministry of Public Security in advance obtained by a company in Vietnam. A normal processing time to obtain the visa approval letter within 7 working days

The required documents need to provide both the applicant and Vietnam’s sponsor company:

A notary certified copy of sponsor company’s business or investment or representative license in Vietnam, tax and stamp registration certificate;
Visa application forms must be signed and sealed by a legal representative of the company;
Scanning the applicant’s passport;
Providing the proposed date of arrival (this is the date you want your visa to start from. The start date of the visa itself will be the day you arrive - you can enter Vietnam at a later date (up to your exit date) but not before that date, so be sure to take time zone differences into account);
Providing the place of picking up the visa (the visa can be picked up at either the Vietnamese Embassies/ Consulates in your own or another country, or airports of Ho Chi Minh City, Hanoi, Da Nang or Nha Trang);

STEP 2: Stamping Vietnam’s Visa at the overseas Embassies or Consulates of Vietnam, or at the international border gates or at the Vietnam’s international airports

After your visa approval letter is already, you will receive a scan copy of it via your email. And then you are pleased to prepare all the following documents to stamp your Vietnam visa:

Your original passport must be valid for six months from your intended arrival date, and must have at least one blank visa page;
2 passport sized photographs (4x6 cm);
The copy of visa approval letter;
Complete the entry and exit application form;
Visa stamping fee depending on the visa single or multiple entry and visa duration (USD25 for 1 and 3 month single entry, USD50 for 1 and 3 month multiple entry, USD95 for 6 month multiple and USD135 for 1 year multiple entry) must be paid in cash at the place of picking visa.

<II> - Procedures to apply for Work Permit in Vietnam

Step 1: Submit application to explain the need to use foreign workers with the Department of Labor - Invalids and Social Affairs outside the country expected to work

Before at least 30 days since the day foreign labors anticipated to work for company in Vietnam (companies, contractors, representative offices,..), these companies shall submit documents as requested to grant work permit to Department of Labour, Invalids and Social Welfares at where foreign labor expected to work as a Manager/ Executive Director, Expert or Technical worker
There is a written approval of the position issued by the Department of Labor - Invalids and Social Affairs.

Step 2: Submit required documents for Vietnam Work Permit in accordance with the provisions of Decree 11/2016-CP

Prepare and submit the work permit’s documents to the Department of Labor, War Invalids and Social Affairs
Processing time for Vietnam work permit issuance is from 7 to 10 working days

Requirements for Work Permit in Vietnam

After receiving a written approval of the position issued by the Department of Labor - Invalids and Social Affairs, the company in Vietnam shall submit required documents for Vietnam Work Permit in accordance with the provisions of Decree 11/2016-CP. The foreign documents including the Foreign Police Clearance Certificate, health certificates, and certificate of working experiences in foreign languages must be legalized and translated into Vietnamese and certified in accordance with regulations of Vietnam.

1- Request for issuance of a work permit Vietnam from the employer in accordance with regulations of the Ministry of Labor - Invalids and Social Affairs;

2- Health certificate or medical certificate issued by a competent foreign or Vietnamese health care agency or organization valid for 12 months from the date of signing to the application date;

3- Foreign Police Clearance Certificate or Vietnam Criminal Record confirming the foreign worker is not an offender or being prosecuted for criminal liability, this document must be issued within 06 months from the issuance date to the application date.

4- The written approval of Department of Labor, War Invalids and Social Welfare.

5- Two recent color photos with size 4x6cm (white background, front, bareheaded, without sunglasses), taken within 06 months prior to the application date.

6- Two notarized copies with full pages (the notarization procedure can be made in Vietnam by public notary office within 3 months before the submission date)

7- Documents showing that he/she as a Manager/ Executive, Expert or Technician

Required Documents for Foreign Expert position

Providing a written document proving him/her as an expert of a foreign agency, organization or enterprise;
Having a bachelor degree or equivalent or higher qualifications and
Having at least three-year working experience in the field consistent with the position that the foreign workers are expected to work in Viet Nam; special cases shall be considered and decided by the Prime Minister.

Required Documents for Foreign Manager and Executive Directors
Managers of an enterprise such as the manager of the company or manager of private company, who is either an owner of a private company, a general partner, the Chairpersons of the Board of members, a member of the Board of members, the company's President, the Chairperson of the Board of Directors, a member of the Board of Directors, the Director/General Director, or a person holding another managerial position who is entitled to enter into the company’s transactions on behalf of the company according to the company’s charter, or heads and deputy heads of an agency or an organization;

Chief Executive Officers who lead and directly operate subsidiary units under agencies, organizations and enterprises.
Having at least one-year working experience in the field consistent with the position that the foreign workers are expected to work in Viet Nam

Required Documents for Technical Workers

Having a specialized training certificate for least 01 year, or diplomat certificate

Having at least three-year working experience in the field consistent with the position that the foreign workers are expected to work in Viet Nam

OTHER INFORMATION RELATED TO VIETNAM'S WORK PERMIT, VISAS AND TEMPORARY RESIDENCE CARD

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VIETNAM'S VISAS AND WORK PERMITS PROCEDURES

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