VIETNAM TEMPORARY RESIDENCE CARD FOR FOREIGNER'S RELATIVE

Foreigners, who already have Vietnam Temporary Residence Card (TRC) may be interested in applying Vietnam Residence Card for their relatives (father, mother, spouse, under 18-year-old child). Pursuant to the Vietnam Law on entry, exit, transit, and residence of foreigners in Vietnam, if the Temporary Residence Card holder wish to sponsor their relatives to Vietnam, their recent passport and the Temporary Residence Card must be valid for more than 01 year, and also, they must have the Vietnam Work Permit and sponsored company in Vietnam. In case of accompanying family members, documents showing proof of relationship such as birth certificates, marriage certificate and family book are a must, those documents must be consular legalized and translated into Vietnamese

CASES RELATING TO TEMPORARY RESIDENCE CARD APPLICATION

• 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.

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).

BEFORE APPLYING FOR 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.
    

REQUIRED DOCUMENTS GETTING VIETNAM TEMPORARY RESIDENCE CARD FOR FOREIGNER'S RELATIVES

Temporary Residence Cards will not be issued if the applicant’s passport is valid for less than one year, and the duration of the residence card will always be at least one month shorter than the duration of the holder’s passport.

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 written request for temporary residence card (NA6 form) must be signed and sealed by a legal representative of the company;
3. Declaration of foreign applicant’s information (NA8 form) must be signed by the applicant;
4. A notarized true copy of work permit or work permit exemption;
5. A notarized true copy of the temporary residence card;

For relatives, please provide

1. Relative’s original passport;
2. Two (2) passport-sized photographs (2cm x3cm);
3. Family Relationship Certificates as Certificate of Marriage (husband/wife), Certificate of Birth (children/parents). Those documents must be consular legalized and translated into Vietnamese;
4. The visa of relatives must be valid and TT visa;
5. Proof of residence registration certified by local police station;

Kindly note that in case of accompanying relatives, documents showing proof of relationship such as: birth certificates, marriage registration and family register 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

Website: www.visa5s.com | www.ditravel.vn

HOW TO OBTAIN VIETNAM WORK PERMIT EXEMPTION

Normally, all foreigners looking to perform work in Vietnam are required to obtain a work permit. The foreign workers are allowed to work legally in Vietnam during the period for which the work permit is valid. However, there are a number of exemptions from the work permit requirement depending on your work in Vietnam. If you are in one of these cases, you need to have a certificate explaining that you are not required a work permit to apply for Vietnam Work Permit Exemption. Instead of applying for work permits, foreigners in the exemption cases must submit their application dossier to the Department of Labor, Invalid and Social Affairs of the province or city where they are employed for certification. The new procedures must be completed seven working days prior to the commencement of the foreign worker’s work

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 VND 5 million to VND 10 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.

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 exceptions, including

1. Foreign workers who are internally transferred within an enterprise operating in the 11 service sectors in the list of Vietnam’s commitments on services to the World Trade Organization, including: business, communication, construction, distribution, education, environment, finance, healthcare, tourism, cultural entertainment and transport;
2. Foreign workers enter Viet Nam to provide advisory services and technical expertise or perform other tasks serving research, construction, appraisal, monitoring and evaluation, management and implementation of programs/projects funded with official development assistance (ODA) as specified and agreed in international agreements on ODA between competent authorities of Viet Nam and other countries;
3. Foreign workers who are issued with a license for the practice of journalism in Viet Nam by the Ministry of Foreign Affairs in accordance with the law;
4. Foreign workers who are teachers of foreign organizations that are sent to Viet Nam by such organizations to teach and research in international schools under the management of foreign diplomatic missions or international organizations in Viet Nam or permitted by the Ministry of Education and Training to teach and research in Viet Nam’s education and training institutions;
5. Volunteers certified by foreign diplomatic missions or international organizations in Viet Nam;
6. Foreign workers coming to Viet Nam to work as experts, managers, executive directors or technical employees within a period of less than 30 days and no more than 90 cumulative days in 01 years;
7. Foreign workers entering Viet Nam to implement international agreements to which central and local state agencies are signatories as prescribed by the law;
8. Students studying in foreign schools and institutions having agreements on internship in agencies, organizations and enterprises in Viet Nam;
9. Family members of diplomatic agents of foreign diplomatic missions in Viet Nam permitted for working by the Ministry of Foreign Affairs, except where international treaties to which the Socialist Republic of Viet Nam is a signatory that contains provisions different from this;
10. Foreign workers who have official passports to work for state agencies, social organizations and socio-political organizations;
11. Other cases decided by the Prime Minister at the proposal of the Ministry of Labor - Invalids and Social Affairs.

PROOF OF WORK PERMIT EXEMPTION

1. Foreign workers transfered within an enterprise must provide an appointment letter of the foreign enterprise assigning the worker to work in the commercial presence of the foreign enterprise within the territory of Viet Nam. A proof of employment for the enterprise for at least 12 months prior to working in Viet Nam is also needed;
2. Foreign workers whose performances are 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, must provide a contract or agreement between Vietnamese and foreign partners. An agreement on the foreign worker working in Viet Nam is also needed;
3. Foreign workers providing services under contract must provide a service contract between Vietnamese and foreign partners and a proof of employment for the foreign enterprise which does not have a commercial presence in Viet Nam for least 02 years;
4. Foreign workers offering services must provide an appointment letter of the service provider assigning the foreign worker to come to Viet Nam to negotiate on service provision;
5. Foreign workers working for a foreign non-governmental organization which is permitted to operate pursuant to the law of Viet Nam, must provide a certificate of the foreign non-governmental organization and international organization permitted to operate in accordance with Viet Nam law;
6. Foreign workers responsible for establishing commercial presence must provide a written appointment letter of the service provider assigning the foreign worker in Viet Nam to establish a commercial presence of the service provider;
7. Foreign workers whose job titles are Manager, Executive Director, Expert or Technical engaging in activities of the foreign enterprise, which have established a commercial presence in Viet Nam, must provide proof that the foreign worker has engaged in activities of the foreign enterprise.

REQUIRED DOCUMENTS FOR VIETNAM WORK PERMIT EXEMPTION 

Instead of applying for work permits, foreigners in the above cases must submit their application dossier to the Department of Labor, Invalid and Social Affairs of the province or city where they are employed for certification. The new procedures must be completed seven working days prior to the commencement of the foreign worker’s work:

1. Request for exemption from work permits;
2. Profile of the foreign worker comprising full name, age, gender, nationality, passport number, start date and end date of employment, job placement of the foreign worker;
3. Proof of eligibility for work permit exemption include 01 photocopy to be collated with the original or 01 certified copy. Foreign documents are exempt from consularization, but must be translated into Vietnamese and certified in accordance with regulations of Viet Nam;
4. Documents related to the foreign enterprises such as investment license, business registration certificate, establishment licenses (for headquarters or branches);
5. Notarized true copy of the passport;
6. The processing time is from 7 to 10 working days.

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 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.

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 RENEW VIETNAM WORK PERMIT

Foreigner labors having a valid work permit and continue working for a current company, they must renew the work permit before 45 days period to the expiry date of the current work permit. One of the most important conditions allowing you to apply for work permit renewal is that the information of yourself (full name, passport number,…) and of the sponsored company/ organization must be the same as that of the recent work permit. The work permit extension application dossier for foreign nationals must be submitted to the provincial Department of Labor, Invalids and Social Affairs (DoLISA) at least 5 days but less than 45 days before the expiry date of the current work permit. 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.

CONDITIONS FOR RENEWING WORK PERMIT IN VIETNAM

It is fairly easy to renew a work permit in Vietnam, as long as the applicant is continuing the job for which they were initially granted the permit. If this is the case then the employer must apply for this renewal at least 45 days before the existing permit expires. Furthermore, certain conditions must be met in order for an expat to be eligible for renewal.

• The foreigner worker continues to extend the labour contract and hold their position as long as there have been no breaches of labour discipline as stipulated in the Labour Code;
• The employer must show that they are planning to or are conducting training of Vietnamese employees to perform the jobs currently performed by foreigners;
• The information on the current work permit is unchanged especially passport number, job position.

If applicants meet these conditions, and the employer can submit an application on the employee’s behalf and within 45 days before the expiry date of the work permit, the Labour, War Invalids and Social Affairs Service should grant an extension to the work permit.

REQUIRED DOCUMENTS FOR WORK PERMIT RENEWAL

1.    Request form for work permit extension from the employer in accordance with regulations of the Ministry of Labor - Invalids and Social Affairs;

2.    Health check certificate must be issued by the hospital/clinic appointed by DOLISA; 

3.    Three recent passport-sized photos (These photos should be taken with bareheaded, frontal view, showing the face and ears clearly, without glasses, and on a white background and within the last 6 months from the date on which the expat lodges the application dossier for work permit); 

4.    The original work permit (the work permit is valid for at least 05 days but not more than 45 days); 

5.    People's Committee approval; 

6.    Notarized true copy of labour contract.

THE TERM OF WORK PERMIT RENEWAL 
The validity period of a work permit is equal to the duration of the labor contract to be signed as far as the period is less than 02 years.

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.

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

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
Email: Info@visa5s.com or Visa@ditravel.vn
www.visa5s.com | www.ditravel.vn