PROCEDURES FOR VIETNAM'S VISAS AND WORK PERMITS

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

THE NECESSARY DOCUMENTS FOR FOREIGN WORKERS IN VIETNAM

When foreigners working in Vietnam, there are a number of procedures and legal frameworks that must be understood. In this article, we discuss the documents necessary for a foreign worker in Vietnam, including:

• Short-term Business Visas
• Work Permits
• Temporary Residence Cards

VIETNAM WORK PERMIT – EXEMPTED CASES FOR FOREIGNERS

Foreigners enter Vietnam to work are required a work permit, except these following cases:

1. Foreigners work in Vietnam shorter than 03 months;
2. Foreigners are the members of a limited liability company with two members or more;
3. Foreigner who owned a limited liability company with a member (except an authorized representative);
4. Foreigners who are the Board of Directors members of the joint-stock company;
5. Foreign workers entering Viet Nam to provide services;
6. 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.

PERSONAL DOCUMENTS THE APPLICANTS MUST HAVE FOR 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

HOW TO LEGALIZE THE FOREIGN DOCUMENTS FOR USE IN VIETNAM

A lot of documents are required during a lengthy process. You may get your documents notarized and legalized in the wrong way or you may forget to prepare some documents which result in work permit rejection.  Procedures for consular legalization of foreign documents shall be carried out when foreigners do business or work in Vietnam shall present the competent authorities or partners the necessary foreign documents to support their operation. These documents must be legalized via 2 options below:

Option 1: Legalized by native Ministry Foreign Affair and Vietnamese embassy or consulate overseas of the country where the expat is a resident “RECOMMEND”

Option 2: Certified by home country embassy or consulate in Vietnam then legalized by Ministry of Foreign Affair in Vietnam

REQUIRED DOCUMENTS FOR APPLYING WORK PERMIT IN VIETNAM

Before at least 30 days since the day foreign labors anticipated to work for employer units (companies, contractors, representative offices,..), these units shall submit documents as requested to grant work permit to Department of Labour, Invalids and Social Welfares at where foreign labor expected to work.

1. Request for issuance of a work permit 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. Proof showing he/she as a manager, executive, expert or technician
   Foreign managers and executive directors in one of the following cases

• 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 a organization;
• Chief Executive Officers who lead and directly operate subsidiary units under agencies, organizations and enterprises.

    Foreign experts and Technical workers in one of the following cases 

• 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 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.​
• Technical workers who had received technical or other specialized training for least 01 year and worked at least 03 years in the sector of specialized training.

5. The written approval of Department of Labor, War Invalids and Social Welfare.
6. 2 recent color photos with size 4x6cm (white background, front, bareheaded, without sunglasses), taken within 06 months prior to the application date.
7. 2 notarized copies with full pages (the notarization procedure can be made in Vietnam by public notary office within 3 months before the submission date)

​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.

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

• How To Apply Work Permit In Viet Nam
• How To Apply Work Permit Extension
• How To Apply For Vietnam Visa On Arrival
• How To Apply For Visa Extension In Vietnam
• How to apply for Extension of Temporary Residence Card
• Procedures For Lost Vietnam Temporary Residence Card
• Vietnam Temporary Residence Card For Foreigner's Relative
• Who Can Get Vietnam Temporary Residence Card

For further information please contact:
Discovery Indochina Travel Co., Ltd
5th Floor | Avenis Building | 145 Dien Bien Phu Street, District 1 | Ho Chi Minh City | Vietnam
Tel: 028 39102358 | 028 39102359  Mobile: 0938228856 | 0906640505

www.visa5s.com | www.ditravel.vn 

HOW TO APPLY FOR REPLACEMENT WORK PERMIT IN VIETNAM

Pursuant to the new Decree No 11/2016/ND-CP issued on 3 February 2016 detailing on the implementation of Labor Code regarding to the foreign labor working in Viet Nam, if the current work permit within valid period is lost, damaged or the content of the work permit is changed, foreign workers must apply for a replacement one. The work permit reissued application dossier for foreign nationals must be submitted to the local Department of Labour and Social Welfare at least 5 days but less than 45 days before the expiry date of the current work permit. The government of Vietnam will deport any foreigner who is working in Vietnam without a work permit, or on an expired one. As for employers, an administrative penalty ranging from VND5 million to VND10 million will apply if they fail to, or insufficiently report, any employment of foreigners to the authorized agencies.

CASES ELIGIBLE FOR REPLACEMENT OF WORK PERMITS

1. Work permit within validity period is lost, damaged or content of the work permit was changed;
2. The work permit is valid for at least 05 days but not more than 45 days, it requires these following documents:

REQUIRED DOCUMENTS FOR REPLACEMENT OF A WORK PERMIT

1. Request for reissuance of a work permit from the employer in accordance with regulations of the Ministry of Labor - Invalids and Social Affairs;
2. 02 color photos (size 4cm x 6cm, white background, front, bareheaded, without sunglasses), taken within 06 months prior to the application date;
3. For work permit already issued, in case:

a) The work permit is lost, confirmation by the commune-level police department of Viet Nam or foreign competent authority in accordance with the law of Vietnam shall be required;

b) Content in the work permit is changed, documents of evidence shall be required;

c) The work permit is valid for at least 05 days but not more than 45 days, it requires a health certificate or medical examination certificate as stipulated under Clause 2 of Article 10 (including: Health certifiacate 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) and one of the documents relating to the foreign worker specified in Clause 7 of Article 10 of the new Decree No 11/2016/ND-CP issued on 3 February 2016:

d) The work permit has been issued for the foreign worker pursuant to Decree No. 102/2013/ND-CP dated September 5, 2013 of the Government detailing the implementation of some articles of the Labor Code on foreign workers in Viet Nam, documents of evidence to prove eligibility for requirements stipulated in Clause 3 or 4 or 5 of Article 3 of this Decree shall be required

VIETNAM WORK PERMIT – EXEMPTED CASES FOR FOREIGNERS

Foreigners enter Vietnam to work are required a work permit, except these following cases:

1. Foreigners work in Vietnam shorter than 03 months;
2. Foreigners are the members of a limited liability company with two members or more;
3. Foreigner who owned a limited liability company with a member (except an authorized representative);
4. Foreigners who are the Board of Directors members of the joint-stock company;
5. Foreign workers entering Viet Nam to provide services;
6. 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.

WHAT WILL GO WRONG?

The government of Vietnam will deport any foreigner who is working in Vietnam without a work permit, or on an expired one. As for employers, an administrative penalty ranging from VND5 million to VND10 million will apply if they fail to, or insufficiently report, any employment of foreigners to the authorized agencies.

If employers employ any foreigner without a work permit, with an outdated one, or without confirmation issued by the competent authority of work permit exemption, the employers will be subject to penalty ranges as follows:

•     VND30 million to VND45 million for up to 10 foreign workers
•     VND45 million to VND60 million for 11 to 20 foreign workers
•     VND60 million to VND 75 million for over 21 workers.

Employers could also be suspended from operating for up to three months if the violation is serious enough.

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

• How To Apply Work Permit In Viet Nam
• How To Apply Work Permit Extension
• How To Apply For Vietnam Visa On Arrival
• How To Apply For Visa Extension In Vietnam
• How to apply for Extension of Temporary Residence Card
• Procedures For Lost Vietnam Temporary Residence Card
• Vietnam Temporary Residence Card For Foreigner's Relative
• Who Can Get Vietnam Temporary Residence Card

For further information please contact:

Discovery Indochina Travel Co., Ltd
5th Floor | Avenis Building | 145 Dien Bien Phu Street, District 1 | Ho Chi Minh City | Vietnam
Tel: 028 39102358 | 028 39102359  Mobile: 0938228856 | 0906640505

www.visa5s.com | www.ditravel.vn 

HOW TO GET A WORK PERMIT FOR TEACHING IN VIETNAM

Under Vietnam labor law, any foreigner must obtain a Work Permit to work legally in Vietnam. There are various types of Work Permit including Work Permit for teachers, workers, legal representatives, directors,… In this article, we will provide the A to Z procedure to help foreign teachers (teaching English, French, Japanese, Chinese,…) apply for and obtain their Work Permit in Vietnam. While other kinds of Work Permit just require University degree as a proof for education background, a professional certificate in teaching is also a must for teaching cases. The government of Vietnam will deport any foreigner who is working in Vietnam without a work permit, or on an expired one. As for employers, an administrative penalty ranging from VND5 million to VND10 million will apply if they fail to, or insufficiently report, any employment of foreigners to the authorized agencies

2 STEPS TO OBTAIN VIETNAM WORK PERMIT

Step 1: Applying Business Visa

Step 2: Applying Vietnam Work Permit

PERSONAL DOCUMENTS TEACHERS MUST HAVE FOR WORK PERMIT

Basically, following are documents you must prepare and submit to your provider:

• A university or college degree;
• A teaching certificate, for example:
• Certificate in TESOL, Teaching English to Speakers of Other Languages.
• Certificate in TFSOL, Teaching French to Speakers of Other Languages.
• Certificate in TCSOL, Teaching Chinese to Speakers of Other Languages.
• Certificate in TJSOL, Teaching Japanese to Speakers of Other Languages.
• Certificate in TKSOL, Teaching Korean to Speakers of Other Languages.
• Certificate in TRSOL, Teaching Russian to Speakers of Other Languages.
• A letter of working experience confirmation from former employers at least 3 years in the relevant position
• Foreign Police Clearance Certificate or Vietnam Criminal Record

REQUIRED DOCUMENTS FOR APPLYING WORK PERMIT IN VIETNAM

Before at least 30 days since the day foreign labors anticipated to work for employer units (companies, contractors, representative offices,..), these units shall submit documents as requested to grant work permit to Department of Labour, Invalids and Social Welfares at where foreign labor expected to work.

1. Request for issuance of a work permit 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. 2 recent color photos with size 4x6cm (white background, front, bareheaded, without sunglasses), taken within 06 months prior to the application date.
6. 2 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. A university or college degree
8. A professional certificate in teaching
9. A letter of working experience confirmation from former employers at least 3 years in the relevant position

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.

HOW TO LEGALIZE THE FOREIGN DOCUMENTS FOR USE IN VIETNAM

A lot of documents are required during a lengthy process. You may get your documents notarized and legalized in the wrong way or you may forget to prepare some documents which result in work permit rejection.  These documents must be legalized via 2 options below:

Option 1: Legalized by native Ministry Foreign Affair and Vietnamese embassy or consulate overseas of the country where the expat is a resident “RECOMMEND”

Option 2: Certified by home country embassy or consulate in Vietnam then legalized by Ministry of Foreign Affair in Vietnam

WORK PERMIT – EXEMPTED CASES FOR FOREIGNERS

Foreigners enter Vietnam to work are required a work permit, except these following cases:

1. Foreigners work in Vietnam shorter than 03 months;
2. Foreigners are the members of a limited liability company with two members or more;
3. Foreigner who owned a limited liability company with a member (except an authorized representative);
4. Foreigners who are the Board of Directors members of the joint-stock company;
5. Foreign workers entering Viet Nam to provide services;
6. 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.

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

• How To Apply Work Permit In Viet Nam
• How To Apply Work Permit Extension
• How To Apply For Vietnam Visa On Arrival
• How To Apply For Visa Extension In Vietnam
• How to apply for Extension of Temporary Residence Card
• Procedures For Lost Vietnam Temporary Residence Card
• Vietnam Temporary Residence Card For Foreigner's Relative
• Who Can Get Vietnam Temporary Residence Card

For further information please contact:

Discovery Indochina Travel Co., Ltd
5th Floor | Avenis Building | 145 Dien Bien Phu Street, District 1 | Ho Chi Minh City | Vietnam
Tel: 028 39102358 | 028 39102359  Mobile: 0938228856 | 0906640505

www.visa5s.com | www.ditravel.vn 

PROCEDURES FOR LOST VIETNAM TEMPORARY RESIDENCE CARD

What should be done in case the temporary residence card is lost, stolen or worn out in Vietnam? Foreign whose temporary residence card was lost must go to the police department in place of residence to report and get the "Residence Card Lost Report” immediately. In this case, if the lost temporary residence card, current passport and Vietnam work permit are valid for up to 1 year the new temporary residence card will be re-issued and the service fee is full charged. The duration of the temporary residence card will always be at least one month shorter than the duration of the holder’s passport, the expired temporary residence cards may be extended accordance with the Vietnam Immigration Law. The TRC is issued for people who are holding a valid Vietnam visa: NG3, LV1, LV2, ĐT, DH, NN1, NN2, TT, LĐ or PV1. The processing time is 05 - 07 working days from the date of receiving complete documents

CASES RELATING TO TEMPORARY RESIDENCE CARD REISSUANCE

• Applying temporary residence card for investors – 5 years duration.
• Applying temporary residence card for expat who holds a valid work permit with 2 years duration.
• Applying temporary residence card for foreigner who has wife or husband holding valid temporary residence card for more than 1 year.
• Applying temporary residence card for children who has parent is foreigner holding valid temporary residence card.
• Applying temporary residence card in case lost, misplaced or damaged.
• Applying temporary residence card in case foreigners are exempt from work permits.
• Applying for Extension of expired temporary residence card.

BEFORE APPLYING FOR NEW TEMPORARY RESIDENCE CARD IN VIETNAM (TRC)

1.    The duration of a temporary residence card is shorter at least 30 days than the duration of the passport.

2.    The duration of a NG3, LV1, LV2, ĐT or DH temporary residence card shall not exceed 05 years.

3.    The duration of a NN1, NN2, TT temporary residence cards shall not exceed 03 years.

4.    The duration of a LĐ or PV1 temporary residence cards shall not exceed 02 years.

5.    Expired temporary residence cards may be extended.

6.    The temporary residence card is only issued foreign investors, shareholders named on investment license or certificate business registration in Vietnam. It is also issued to expats who is salaried and works in any place of Vietnam.

WHO CAN APPLY FOR VIETNAM TEMPORARY RESIDENCE CARD

1.    Members of a limited liable company with two members or more

2.    Owner of a one-member limited liability company

3.    Members in the Board of a joint-stock company

4.    Foreign lawyers who have been licensed by Ministry of Justice to practice law in Vietnam as stipulated by law

5.    Foreigners having work permit, work in various kinds of foreign enterprises and representative offices of foreign companies.

6.    Professionals, students, trainees working or studying in national programs and projects signed between the ministries and approved by the government.

7.    Accompanying relatives (father, mother, wife, husband, children under 18 of the granting residence card person).

THE DOCUMENTS REQUIRED FOR TEMPORARY RESIDENCE CARD REISSUANCE

1.    A notarized copy of legal entity profile of guaranteed bodies, organizations or enterprises which asked for the issuance of temporary residence card, and depend on the specific cases, the following documents may be required:

* Certificate of investment; Certificate of business registration; License of representative office establishment; Subsidiary companies (including written notice of activity);

* Seal registration certificate; Tax code registration certificate (if any);

2.    A letter for property lost report must be certified by local police department in place of residence

3.    A written request for temporary residence card (NA6 form) must be signed and sealed by a legal representative of the company;

4.    Declaration of foreign applicant’s information (NA8 form) must be signed by the applicant;

5.    Two (2) passport-sized photographs (2cm x3cm);

6.    The applicant’s original of passport;

7.    A notarized true copy of work permit or work permit exemption;

8.    Proof of residence registration must be certified by local police station

Temporary Residence Cards will not be issued if one of the following documents is valid for less than 1 year:

• The applicant’s passport;
• The lost or current temporary residence card;
• The current Vietnam work permit.

The duration of the temporary residence card will always be at least one month shorter than the duration of the holder’s passport. In case of accompanying relatives, documents showing proof of relationship such as: birth, marriage certificates, and family registration book are a must, these documents must be consular legalized and translated into Vietnamese, unless they are exempt from consular legalization under the provisions of Article 9 of Decree No. 111/2011 / ND-CP dated 05/12/2011 of the Government on consular certification, consular legalization.)

PROCESSING TIME

The processing time is 05 - 07 working days from the date of receiving complete documents

For further information, please contact:

Discovery Indochina Travel Co., Ltd
5th Floor, Avenis Building
145 Dien Bien Phu St | Dakao Ward | District 1 | Ho Chi Minh City | Vietnam
Tel: +8428 39102359 | +8428 39102358
Hotline: +84938228856 | +84906640505 | +84906315522
Email: info@visa5s.com | visa@ditravel.vn

www.visa5s.com | www.ditravel.vn