Your Golden Key: Navigating the Work Visa & Business Visa Journey in Vietnam

For foreign professionals seeking to leverage the dynamic economic landscape and career opportunities in Vietnam, securing a Vietnam work visa is a foundational step. This essential document, often closely tied to a valid work permit, is what grants you the legal right to undertake employment and reside long-term in the country. However, the process of obtaining a work visa, along with its prerequisite work permit, can be highly complex, involving specific eligibility criteria, extensive documentation, and multi-stage approvals. At AZVLAW, we specialize in demystifying these procedures, offering expert guidance and efficient services to streamline your path to working legally in Vietnam.

1. How to Get a Vietnam Visa?

To set foot in Vietnam, a foreigner generally needs a visa issued by a Vietnamese Embassy or Consulate. This visa can be applied for while you are in a third country or, in certain circumstances, even from within Vietnam.

Visa Exemption – A Privilege for Certain Nationalities:

If you are a citizen of one of the following countries, you might be eligible for a visa exemption for a specified duration:

• ASEAN countries: From 14 to 30 days.
• Chile and Panama: 90 days.
• Belarus, Denmark, Finland, France, Germany, Italy, Japan, Norway, Russia, South Korea, Spain, Sweden, and the UK (British citizens only): 45 days. The good news is that, under the new immigration law, the requirement for a minimum 30-day gap between two visa-free entries has been removed.

E-visa System – Convenience for All Citizens:

All nationalities can now enter Vietnam using an e-visa (electronic visa), valid for up to 90 days for a single entry. According to the Immigration Law, the processing time for an e-visa is typically three working days after you complete registration and fee payment.

However, experience tells us that processing times can vary depending on the volume of applications. Therefore, we strongly advise you to submit your application at least 2 weeks before your planned arrival in Vietnam to ensure everything goes smoothly.

2. Types of Visas for Entry to Vietnam and Their Functions

Now, let’s delve into understanding the specific visa types. To live and work in Vietnam for an extended period, foreigners are required to apply for longer-term visas, such as a three-month single or multiple-entry business visa.

For business visas, it’s crucial to understand that you must obtain this visa at a Vietnamese embassy or consulate – and this type of visa absolutely requires sponsorship from your employer.

Here’s a comprehensive table summarizing the relevant visa types and their purposes:

Important Note: For visa types such as LV1, LV2, LS, DT1, DT2, DT3, NN1, NN2, DH, PV1, LD1, LD2, and TT, foreigners can apply for a Temporary Residence Card (TRC) valid for 2 to 10 years, depending on the initial visa type. This provides significantly greater long-term stability!

3. Visa Type Conversion: A New Advantage

The current Immigration Law now allows for the conversion of one visa type to another purpose or type without requiring you to leave Vietnam. This is a significant and highly convenient change!

Expatriates may be eligible to change their visa type if they entered Vietnam under specific visa categories and meet the following criteria:

• Investors and representatives of foreign organizations investing in Vietnam.
• Dependents of Vietnamese citizens.
• Individuals invited or guaranteed by agencies or organizations who hold a work permit or a work permit exemption certificate.
• Upon successful visa application conversion, a new visa with the adjusted purpose will be granted to you.

4. Work Permit Procedures and Requirements: A Detailed A-Z Guide

A Vietnamese entity has the right to recruit foreign workers for managerial, executive director, and expert positions when local personnel are not yet able to meet the business’s specific requirements. Unlike some other Asian countries, it’s worth noting that Vietnamese representative offices are also permitted to directly hire foreign staff.

Under the latest regulations, the work permit processing involves the following key stages:

4.1. Announcing Job Vacancies

The recruitment of Vietnamese workers for positions typically filled by foreign workers must be publicly announced on the Ministry of Labor, Invalids and Social Affairs (Employment Department) website or the Employment Service Center website.

This announcement must be made at least 15 days before submitting an explanation report to the relevant Ministry or Department of Labor, Invalids and Social Affairs.

4.2. Submitting an Explanation Report for Foreign Labor Demand

The employer must submit an explanation report detailing the demand for foreign labor to the competent authority. This process also needs to occur at least 15 days prior to the planned hiring date of the foreign worker.

Within 10 working days of receiving this explanation report, the competent authority will issue a document specifying the job positions that are deemed acceptable and unacceptable for foreign workers.

4.3. Applying for a Work Permit

The applicant must submit the work permit application to the competent authority at least 15 working days before the foreign worker’s intended start date.

The competent authority will then issue the work permit within 5 working days of receiving a complete application.

The total time to apply for a work permit typically ranges from 1.5 to 2 months.

Please remember, a work permit is a prerequisite for applying for a temporary residence card or a long-term working visa in Vietnam. Under the Labor Code 2019 (effective from 2021), work permits are now issued for a maximum period of two years and are restricted to only one renewal. If your company plans to continue employing international workers beyond the duration of their extended permit, you must follow the same procedure to obtain a new work permit.

5. Eligibility Requirements for Work Permits

To be eligible for a work permit, an applicant must comply with the following crucial conditions:

• Be at least 18 years of age and possess full legal capacity.
• Have qualifications, occupational skills, practical experience, and adequate health as prescribed by the Minister of Health.
• Hold a position as a manager, executive director, or expert with the necessary technical skills and knowledge for the job.
• Not serving a sentence; have no unspent criminal conviction; and not be undergoing criminal prosecution under their home country laws or Vietnamese law.
• Possess a valid visa granted by a competent authority of Vietnam, unless otherwise prescribed by law.

Furthermore, foreigners are generally required to have a practice certificate with at least five years of work experience in the specific job they will be hired for in Vietnam. Alternatively, experts need to possess a relevant bachelor’s degree or higher related to their job position in Vietnam, coupled with a minimum of three years of work experience. The practice certificate or relevant experience must be confirmed by an overseas company or organization.

Depending on the job assignment (Manager/Executive/Expert/Technical worker), foreign workers will need to demonstrate proven experience and provide different supporting documents, while the employer needs to clearly explain the recruitment needs for foreign workers before applying for a work permit. The specific criteria for each job assignment are as follows:

Expert:

• Obtains at least a bachelor’s degree or equivalent and has at least 3 years of experience corresponding to the job position in Vietnam; OR
• Obtains at least 5 years of experience and a practice certificate corresponding to the job position in Vietnam; OR
• Falls under a special case subject to a decision of the Prime Minister based on a request from the Ministry of Labor, Invalids and Social Affairs.

Manager, or Executive:

• The company’s charter or operation regulations of the agency, organization, or enterprise;
• Certificate of enterprise registration or certificate of establishment or establishment decision or other document of equivalent legal validity;
• Resolution or appointment decision of the agency, organization, or enterprise.

Technical Worker:

• Has been trained for at least 1 year and has at least 3 years of experience corresponding to the job position in Vietnam; OR
• Obtains at least 5 years of experience corresponding to the job position in Vietnam.
• Several essential documents are required for a work permit application, including:
• Completed application form.
• Health certificate issued within the past year as per Ministry of Health guidelines.
• Police or criminal clearance certificate, no less than six months old.
• Proof as a manager or executive (if applicable).
• Proof as an expert or technical worker (if applicable).
• Acceptance from the Department of Home Affairs regarding the demand for foreign employees.
• Currently, work permits for foreigners are valid for a maximum of two years and may be extended once for up to two more years.

6. Termination of Work Permit

In Vietnam, a work permit is a critical legal document that authorizes foreign employees to work lawfully. However, there are specific situations where a work permit must be terminated—either due to contract completion, early dismissal, company restructuring, or changes in legal status.

Understanding the grounds and procedures for terminating a work permit is essential for both employers and foreign workers to remain compliant with Vietnamese labor laws and avoid potential legal consequences.

A work permit may be terminated under the following circumstances:

• Expiration of the work permit.
• Termination of the labor contract.
• The content of the labor contract is inconsistent with the work permit granted.
• If the foreign employee is fired by the foreign employer.
• Withdrawal of the work permit by authorized state agencies.
• Termination of the operation of the company, organization, or partners in Vietnam.
• The work performed is not consistent with the contents of the work permit granted.
• The employer that hires the foreign employee ceases its operation.

7. How Can AZVLAW Help You?

Dear Valued Client,

The process of applying for visas and work permits in Vietnam can be undeniably complex, demanding meticulous attention to detail and a profound understanding of local regulations. Do not let these administrative hurdles impede your business plans or your personal life here.

At AZVLAW, we are more than just a legal consultancy; we are your dedicated, trusted partner. Our team of seasoned lawyers and experts boasts over a decade of practical experience in Vietnamese immigration and labor law. We truly understand your concerns and are committed to transforming this often-daunting process into a smooth, efficient, and successful experience for you.

When you partner with AZVLAW, you will benefit from:

• Unrivaled Experience and Deep-Seated Expertise: We possess extensive knowledge of current regulations and the intricate workings of the Vietnamese legal system.
• Tailored Document Checklists: We will provide you with a detailed, customized document checklist, specifically designed for your unique case, ensuring no critical paperwork is overlooked.
• End-to-End Comprehensive Support: From initial document gathering to meticulous form completion and submission, we will be by your side, guiding you through every single step.
• Flawless Form Completion: We guarantee meticulous accuracy in all forms, significantly minimizing the risk of delays or rejections.
• Proactive Updates & Persistent Follow-up: We maintain transparent communication, keeping you informed about your application’s progress and diligently liaising with the authorities on your behalf.
• Effortless Result Delivery: We can arrange for the secure and timely delivery of your visa/work permit results directly to your address in Vietnam.

Do not allow administrative complexities to hinder your plans. Contact AZVLAW today for a detailed, no-obligation consultation. Empower our seasoned experts to guide you to success in your Vietnamese visa and work permit journey. Your future in Vietnam starts here!

For a confidential consultation regarding your Vietnam work visa application or any other essential immigration and employment legal matters in Ho Chi Minh City or anywhere in Vietnam, do not hesitate to contact AZVLAW today via HOTLINE: 090.2348.865. We are here to help you achieve your professional goals in Vietnam with unwavering confidence.