WORKING VISA AND WORK PERMIT VIETNAM-ALL YOU NEED TO KNOW
Saturday, 17/02/24
Currently, Vietnam Authorities are becoming stricter regarding visa and 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. So, let us learn carefully about this article about visas, work permits, work permit exemptions and temporary residence cards in Vietnam to prepare yourself well.
ALL YOU NEED TO KNOW ABOUT WORKING VISAS IN VIETNAM
Preparing documents to work legally in Vietnam is a process that takes a lot of time and effort. Foreigners need to go through the following 3 application steps: Apply for a short-term visa(under the guarantee of the company in Vietnam) to enter Vietnam, then apply for a Work Permit or Work Permit Exemption Certificate and finally apply for a Temporary residence card according to the term of the Work Permit or Work Permit Exemption Certificate.
Depending on the purpose, visas are also divided into many different types. Foreign workers choose the appropriate type of visa to register based on the purpose of entry. Below are common types of visas that foreigners often use to enter Vietnam:
Vietnam’s Visas
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Visa duration
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Applicable object
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Conditions to apply for Vietnam Visa
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DN1/DN2 Visas –Vietnam Business Visa
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No longer than 12 months
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Granted for people working with company in Vietnam
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Foreigners must have a sponsored company in Vietnam
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LĐ Visas–Vietnam Working Visa
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No longer than 02 years
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Granted for foreigners with working purpose
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Any foreigner who comes to work in Vietnam must have work permits or work permit exemption certificates under the Labor Code
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DT1/DT2/ DT3/ DT4 Visas – Vietnam Investor Visa
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No longer than 10 years
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Granted for foreign investors in Vietnam and foreign lawyers practicing in Vietnam
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Any foreigner who comes to invest must have papers proving the investment in Vietnam following the Law on Investment, and any foreigner who works as a lawyer in Vietnam must have a practice license by the Law of Lawyers
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LV Visas -Vietnam Working visas with Vietnam government:
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No longer than 12 months
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- 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.
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Although there are many different types of visas, the most common visa for foreigners to complete the first step in the process of working in Vietnam is DN1/DN2 visa. Foreigners will go through the sponsoring company in Vietnam to complete an application for a Pre-entry Approval Letter valid for up to 3 months, single or multiple entry. After obtaining this Approval Letter, foreigners can go to the International border gates of Vietnam or Vietnamese Embassies/Consulates abroad to stamp the visa on their passport and enter Vietnam, then prepare documents for the next step – work permit.
ALL YOU NEED TO KNOW ABOUT WORKING PERMITS IN VIETNAM
Who can apply for a Vietnam work permit?
Foreigners working in Viet Nam (from now on 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 are being transferred within an enterprise;
- Vietnam work permit is issued to foreigner who comes to Vietnam for the 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;
- Foreigners who provide services under contract must apply for Vietnam work permit offering services;
- Vietnam work permit is granted to foreign laborers who work for a foreign non-governmental organization which is permitted to operate according 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 Issue Vietnam Work Permits For Foreigners
- Have full civil act capacity according to the provisions of law.
- Be in good health and suitable for job requirements.
- For foreign workers who practice medical examination and treatment, directly examine and treat diseases in Vietnam or work in the field of education, training and vocational training, they must meet all conditions as prescribed by law. Vietnamese law on medical examination, treatment, education, training and vocational training.
- Not be a criminal or be prosecuted for criminal liability according to Vietnamese and foreign laws.
- Be approved in writing by a competent state agency on the employment of foreign workers.
- Depending on the job title (Manager, Executive Director, Foreign Expert, Technical Worker) foreign workers need to meet the following documents to be eligible for a work permit under Decree 152/2020/ND-CP and Decree 70/2023/NĐ-CP:
Manager, Executive Director
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Foreign Expert
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Technical Worker
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- Company charter or operating regulations of agencies, organizations or enterprises;
- Business registration certificate or establishment certificate or establishment decision or other documents of equivalent legal value;
- Resolution or Appointment Decision of agencies, organizations or enterprises.
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OPTION 1:
- Bachelor's or Master’s degree;
- Certificate of at least 3 years working experience in a position equivalent to the job position in Vietnam;
OPTION 2:
- Practicing certificate;
- Working Experience Certificate proves that the foreign worker has at least 5 years of work experience suitable for the job position expected to work in Vietnam.
OPTION 3: Being approved by the Prime Minister based on the request of the Ministry of Labor, Invalids and Social Affairs.
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OPTION 1:
- Diploma or certificate proving training for at least 1 year;
- Working Experience Certificate proves that the foreign worker has at least 3 years of work experience suitable for the job position expected to work in Vietnam.
OPTION 2:
Working Experience Certificate proving that the foreign worker has at least 5 years of work experience suitable for the job position expected to work in Vietnam.
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Vietnam Work Permit Validity
- The duration of a Vietnam Work Permit is clearly stated in Decree 152/2020/CP, which includes 09 cases. However, most work permits are granted for 2 years maximum, based on the period granted in the Job Position Approval Letter.
- During the working period, if the company has not found a suitable Vietnamese employee and still expects to continue employing the foreign employee to execute the task, the employer will apply for extension of work permit. This will ensure that foreigners can work legally in compliance with Vietnam legislation.
Who is exempted from the Vietnam Work Permit?
Foreigners who enter Vietnam to work are required a work permit, except in the following cases:
- Foreigners work in Vietnam for 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 are likely to affect production, and 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 A WORKING VISA AND WORK PERMIT IN VIETNAM UNDER DECREE 152/2020/ND-CP AND DECREE 70/2023/NĐ-CP
To work and live legally and permanently in Vietnam, foreigners need to go through 3 basic application steps as follows:
REQUIRED DOCUMENTATION TO WORK
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DETAILED PROCEDURES
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PROCESSING TIME
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APPLYING FOR A BUSINESS VISA (DN1/DN2)
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STEP 1:
Applying for a Visa Approval Letter of Business Visa, Work Visa, or Investment Visa
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For 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 is 7 working days
The required documents need to be provided to both the applicant and Vietnam’s sponsor company:
- A notary-certified copy of the 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;
- Provide 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).
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5-7 working days
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STEP 2:
Stamping Vietnam’s Visa at the overseas Embassies or Consulates of Vietnam, or at the international border gates or Vietnam’s international airports
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After your visa approval letter is already, you will receive a scanned 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 the visa approval letter;
- Complete the entry and exit application form;
- Visa stamping fee depending on the visa single or multiple entry and visa duration
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1-3 working days
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APPLYING FOR A VIETNAM WORK PERMIT
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STEP 1:
Implement labor recruitment according to Decree 70/2023/ NĐ-CP
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At least 15 days in advance from the expected date of the report explaining the need to use foreign workers
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15 working days
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STEP 2:
Report explaining the need and change in demand for using foreign workers
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At least 30 days in advance from the expected date of using foreign workers, the employer must be responsible for determining the need and changing the need to use foreign workers for each public position. jobs that Vietnamese workers have not been able to meet and send a report explaining the need to use foreign workers to the Department of Labor, Invalids and Social Affairs.
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10 working days
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STEP 3:
Apply for a Work Permit according to the Job Position Approval Letter in Step 2.2
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At least 15 working days in advance from the date the foreign worker is expected to start working for the employer, the person applying for a work permit shall apply to the Department of Labor and Trade. Military and Society where foreign workers are expected to work.
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Within 05 working days
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OBTAINING VIETNAM WORKING VISA (LĐ)
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STEP 1:
Prepare documents
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Prepare documents as required by the Immigration Department
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STEP 2:
Submit the application
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Submit your application directly at one of the three offices of the Immigration Department - Ministry of Public Security:
- Immigration Department in Hanoi: 44 Tran Phu, Ba Dinh, Hanoi.
- Immigration Department in Ho Chi Minh City: 333-335-337 Nguyen Trai, District 1, Ho Chi Minh City.
- Immigration Department in Da Nang: 78 Le Loi Str, Da Nang City
- Any the Immigration Department of the province/city police where the foreigner is registered for temporary residence
If your dossier is complete and valid, the Immigration Department will receive the dossier, give a receipt, and set a date to return the results.
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5-7 working days
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STEP 3:
Get the Work permit
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Within from 5 to 7 working days, you can come to the Immigration Department and receive the results.
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DOCUMENT FOR A WORK PERMIT IN VIETNAM UNDER DECREE 152/2020/ND-CP AND DECREE 70/2023/NĐ-CP
VIETNAM WORK PERMIT
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MANAGER, EXCUTIVE DIRECTOR
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EXPERT
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TECHNICAL LABOR
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DOCUMENTS FOR EACH JOB POSITION
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- Company charter or operating regulations of agencies, organizations or enterprises;
- Business registration certificate or establishment certificate or establishment decision or other documents of equivalent legal value;
- Resolution or Appointment Decision of agencies, organizations or enterprises.
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OPTION 1:
- Bachelor's or Master’s degree;
- Certificate of at least 3 years working experience in a position equivalent to the job position in Vietnam;
OPTION 2:
- Practicing certificate;
- Working Experience Certificate proves that the foreign worker has at least 5 years of work experience suitable for the job position expected to work in Vietnam.
OPTION 3: Being approved by the Prime Minister based on the request of the Ministry of Labor, Invalids and Social Affairs.
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OPTION 1:
- Diploma or certificate proving training for at least 1 year;
- Working Experience Certificate proves that the foreign worker has at least 3 years of work experience suitable for the job position expected to work in Vietnam.
OPTION 2:
- Working Experience Certificate proving that the foreign worker has at least 5 years of work experience suitable for the job position expected to work in Vietnam.
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GENERAL DOCUMENTS
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- Job position approval letter;
- Written form applying for a work permit from the company (based on Form No. 11 under Decree 152/2020/ND-CP);
- Vietnam Criminal Record or Police Clearance Certificate in expat’s home country that has been consular legalized which is valid within the last 6 months from the date of applying;
- Health Check-up Certificate which is valid within the last 12 months from the date of applying;
- Photos size 4x6 cm (be taken with a bareheaded, frontal view, showing the face and ears, without glasses, and on a white background and within the last 6 months from the date of applying;
- Original passport and notarized true copy of it;
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IMPORTANT NOTES
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- All documents issued in foreign countries (Degrees, Diplomas, Certificates Of Experience, Police Checks, Medical Certificates, ...) must be consular legalized by the Vietnamese embassy/ consulate Abroad and notarized and translated into Vietnamese before using in Vietnam
- Foreigners applying for a Vietnam Work Permit for the position of Expert or Technical Laborer can use the old Work Permit or old Certificate of Exemption from Vietnam Work Permit that has been issued with the same job title to replace the Working Experience Certificate consular legalized confirmed by the foreign company.
- In case Managers, Experts, or Technical Workers will work in the form of transfer internally, it is required to provide more additional information:
- Document shows that overseas Parent Companies or organizations are appointing employees to work at the Subsidiary Company in Vietnam;
- Document proving that the foreign employee has been working in an overseas Parent Company for at least 12 consecutive months before moving to work in Vietnam.
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RELATED ARTICLES TO VIETNAM'S WORK PERMIT, VISAS AND TEMPORARY RESIDENCE CARD
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