Thứ Hai, 3 tháng 9, 2018

US VISA

United States is a large industry that serves millions of international and domestic tourists yearly. Foreigners visit the U.S. to see natural wonders, cities, historic landmarks, and entertainment venues. Americans seek similar attractions, as well as recreation and vacation areas. Foreigners who wish to enter US for tourism or business purpose must apply for visas in advance unless they come from one of the visa-exempt countries or Visa Waiver Program countries. The purpose of your intended travel and other facts will determine what type of visa is required under U.S. immigration law. As a visa applicant, you will need to establish that you meet all requirements to receive the category of visa for which you are applying. 

LIST OF COUNTRIES ARE EXEMPTED FROM THE US VISA
Citizens of these 5 countries can enter, reside, study, and work in the US without a visa: Canada, Bermuda, Marshall Islands, Micronesia, Plau.

TYPES OF US VISA
There are two main categories of U.S. visas:
  1. Nonimmigrant visa: for temporary visits such as for tourism, business, work, visiting family, or studying;
  2. Immigrant visa: for people to immigrate to the United States.

REQUIRED DOCUMENTS FOR US VISA APPLICATION
  1. Original passport vaild for more than 01 year, having at least 02 blank pages;
  2. 03 passport photos in 5x5 cm size white background, must be taken within the last 06 months;
  3. Notaried true copy of National Identity Card;
  4. Notarized true copy of Household Rregsitration Book;
  5. Notarized true copy of Marriage Certificate;
  6. Notarized true copy of Birth Certificate;
  7. Proof of financial standing:
    * A copy of passbook having at least 10000USD;
    * Orginal Balance Confirmation;
    * Notarized true copy of any asset ownership, such as house or land (if any);
  8. Proof of employment:
    * For business owner/ shareholder: Notarized true copy of Business Registration Certificate + Notarized true copy of Business Tax Income within the last 03 months;
    * For employee: Labor Contract + Pay slips within the last 03 months;
    * For retiree: Retirement card/ book + Pension Statement with the last 03 months;
    * For student: Student card + Certification from school + Transcript

For business purpose, providing the following documents:
  1. Original Invitation letter from the company/ organization in US (showing company’s logo, time and place, discription about the commercial relationship between 02 companies, personal information of the invitee: full name, company’s name, time and reason for the visit)
  2. A copy of Business Registration Certificate;
  3. Proof of commercial relationship between 02 companies (Sale/ Purchase contract...)
  4. A copy of invitor’s passport.
  5. A letter of business decision from a company in Vietnam indicating the applicant’s position, length of employment and purpose of visit(s) to US;

For tourist purpose, providing the following documents:
  1. Original Leave Application Form;
  2. Copy of hotel booking;
  3. Return-air ticket booking.

VALIDITY OF VISA
Visa is valid for 12 months for multple-entry, the duration of stay is 12 months.

PROCESSING TIME
The visa processing time is from 4-5 working days.

WHERE YOU CAN APPLY YOUR VISA
  • US Consulate In Ho Chi Minh: 4 Le Duan, Ben Nghe, Quan 1, Ho Chi Minh or 
  • US Embassy In Ha Noi: 7 Lang Ha Street, Hanoi, Vietnam

For further information, please contact us
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

HOW TO APPLY WORK PERMIT IN VIET NAM

Vietnam Work Permit is issued for foreigners to work legally in Vietnam. The work permit should be obtained within three months of arrival in Vietnam. It is also possible to apply for the work permit in advance of arrival in the country. The employer usually helps organise the application on the employee’s behalf. Persuant to Article 11 of the Degree No 11/2016/ND-CP issued on 3 February 2016 hereby details on the implementation of Labor Code regarding to the foreign labor working in Viet Nam, the validity of the issued work permit can not be more than 2 years. But first, they have to be listed as one of the applicable entities and provide enough related documents mentioned in the Labor Code. Moreover, there are some special cases of foreign workers who can be exempt from work permit, also stated in the law. For those who do not act fully in accordance with the law, they will receive revokes work permits or even expulsion from Vietnam.

THE TERM OF WORK PERMIT
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.

WHO CAN APPLY FOR THE WORK PERMIT
Foreigners working in Viet Nam (hereinafter referred to as foreign workers) in one of the forms below:
  1. Working under labor contracts;
  2. Being transfer within an enterprise;
  3. 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;
  4. Providing services under contract;
  5. Offering services;
  6. Working for a foreign non-governmental organization which is permitted to operate pursuant to the law of Viet Nam;
  7. Volunteers;
  8. Foreigners responsible for establishing commercial presence;
  9. Managers, executive directors, experts and technical workers;
  10. Foreigners participating in a tender contract or project in Viet Nam.

CONDITIONS FOR ISSUANCE OF A WORK PERMIT
  1. There is capacity for civil acts fully in accordance with the law.
  2. There is health fit with the job requirements.
  3. Not offenders or being prosecuted for criminal liability in accordance with the law of Viet Nam and foreign law.
  4. Being approved in writing by the competent State agencies on the use of foreign workers.
  5. Being a manager, executive director, expert or technician.
    Foreign experts in one of the following cases:
    -  Having a written document proving him/her as an expert in 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.

    Foreign managers and executive directors in one of the following cases:
    - Managers of an enterprise as stipulated in Clause 18 of Article 4 of the Law on Enterprises 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;

    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.

PROCEDURE FOR ISSUANCE OF A WORK PERMIT
  • At least 30 working days before the date the foreign worker is expected to begin working for the employer, the employer must file an application for issuance of a work permit to the Department Labor - Invalids and Social Affairs where the foreign worker is expected to work.
     
  • Within 07 working days from the date of receipt of an application for issuance of a work permit, the Department of Labor - Invalids and Social Affairs must issue a work permit for the foreign worker using forms the prescribed by the Ministry of Labor - Invalids and Social Affairs. In case a work permit is not granted, it must issue a written reply clearly stating the reason.
     
  • For foreign workers stipulated in Point a, Clause 1 of Article 2 of this Decree, after issuance of a work permit, the employer and the foreign worker must sign a written labor contract in accordance with the labor law of Viet Nam before the expected date he or she starts working for the employer. Within 05 working days from the date of signing the labor contract, the employer must send a copy of the signed labor contract to the Department of Labor - Invalids and Social Affairs which has issued the work permit.
     
REQUIRED DOCUMENTS FOR APPLYING WORK PERMITS FOR FOREIGNERS IN VIETNAM
  1. Work permit application form - Form 1 explanation of foreign labor usage plan
  2. Work permission application letter - Form 7 the suggestion of issuing work permit for foreign employee
  3. Passport must be notarized copies with full pages on A4 paper
  4. Certificate of at least 3 years of working experience in the relevant position issued by the former employers, original hard copy, shows that the applicants have at least 3 years of working experience at the level of executive or higher. If it is issued outside of Vietnam, it must have consular legalization in order to be used in Vietnam.
  5. Education degree: Bachelor or higher, photocopy. If it is issued outside of Vietnam, it must have consular legalization in order to be used in Vietnam
  6. A valid criminal record issued by the applicant’s home country or by the Vietnamese Department of Justice
  7. Health check certificate must be issued by the hospital/clinic appointed by DOLISA
  8. 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)

Note: All documents provided by the authorized body of the country where the expat is a resident, must certified by native Ministry Foreign Affair or Notary Office before legalized by Vietnamese embassy or consulate overseas of the country where the expat is a resident

REVOCATION OF WORK PERMITS, EXPULSION OF FOREIGN WORKERS
Revocation of a work permit
  1. Work permits lapse.
  2. Work permits revoked because the employer or the foreign worker does not comply with this Decree.
  3. Procedure for revocation of a work permit
  • For cases of work permits lapse, the employer shall revoke the work permit of the foreign worker to return to the Department of Labor - Invalids and Social Affairs which has issued the work permit;
  • For cases break the law, the Director of the Department of Labor - Invalids and Social Affairs which has issued the work permit shall issue a revocation decision and notify the employer to revoke the work permit of the foreign worker and return to the Department of Labor - Invalids and Social Affairs;
  • The Department of Labor - Invalids and Social Affairs shall issue a written document confirming revocation of work permit to the employer.

Expulsion of foreign workers
  1. Foreign workers in Viet Nam without a work permit or written document confirming exemption from work permit as stipulated shall be deported under the Viet Nam law.
  2. Within 15 working days from the date confirming the foreigner working in Viet Nam without a work permit, the Department of Labor - Invalids and Social Affairs shall request the police department to deport that foreign worker.
     
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 

VIETNAM VISA RENEWAL

Foreigners wish to extend their visa for the temporary staying permission in Vietnam with the purpose for business, working, investment, study, visiting relatives, traveling, or others. They could extend their stay by using visa extension or renewal service, conducting this service depends on their current visa and purpose, visa extension allows them to stay more in Vietnam without leaving the country. Meanwhile, visa renewal means that you are granted a new visa stamp and visa sticker on your passport with the new duration permission. Your Visa must be extended before the expired date to make sure that you will not charged for the penalty fee of overstaying. The visa extension or renewal must be applied from 5 to 7 days before the visa expiration date, and it takes 5 working days for processing.

GENERAL INFORMATION
Renewing the Visa means that the Vietnam Immigration Department will approve a new Visa stamp on the passport with new expiry date, so you are able to stay in Vietnam until that day.
With Visa Renewal, you do not need to leave the country, because the Visa extension will be done while you are in Vietnam.
Your Visa must be extended or renewed before the expired date to make sure that you will not charged for the penalty fee of overstaying.
The Visa Renewal includes following cases:
  • Business Visa: the Visa can be renewed and extended for up to 1 year maximum
  • Tourist Visa: this visa type can be renewed and extended for 3 months maximum only
*Note: The Visa Renewal length depends on the current Visa type. So we recommend you to contact directly to our team to check your case.

CONDITIONS FOR VISA EXTENSION AND RENEWAL
  1. Providing the proof of temporary residence in Vietnam certified the local police department;
  2. A valid Vietnam’s visa and passport;
  3. The visa renewal application must have a sponsored company in Vietnam;
  4. The duration of a visa shall be at least 30 days shorter than that of a passport or international laissez-passer.
     
DIFFERENCE BETWEEN VISA EXTENSION AND RENEWAL
Visa extension: means that you will have new staying duration permission in Vietnam, and this allow to stay more in Vietnam without reentering if you exit Vietnam before your visa expired. So it means you must apply new visa if you wish to come back Vietnam after leaving. Hence the extension fee is much cheaper than visa renewal
In order to apply visa extension, your current visa has to meet some requirements of Vietnam Immigration Department. Your current visa type has to be correspondent to your staying extending requirement.
Stay in 1 more month: If your current visa is 1 month single, 1 month multiple, 3 month single or 3 month multiple entry visa, you are allowed apply to extend visa in 1 more month.
Stay in 3 more months: If your current visa is 3 month single or 3 month multiple entry visa, you can apply to extend visa in 3 more months

Visa Renewal: means that you are granted a new visa stamp and visa sticker paper on your passport with the new duration permission. The staying length is valid from 1 month to 1 year depending on the purpose of entry and needs. Moreover the visa renewal fee is higher than the visa extension fee because we have to pay stamping fee and visa sticker fee. Visa renewal is ready for someone who has a valid visa with visa sticker paper and visa code of DN, LD, DT, NN1, NN2, LV and DL.

REQUIRED DOCUMENTS FOR VISA RENEWAL
Foreigners who are working, staying and having the sponsor company in Vietnam, containing a valid visa and passport marked the visa type of DN / LD / NN1 / NN2 / TT should have dossiers as follows:
  1. Company’s legal entity files (notarized certified copy of business registration certificate or investment registration certificate or establish Representative Office)
  2. Seal registration certificate and tax code registration certificate (if any);
  3. The original passport;
  4. A valid Vietnam visa;
  5. Vietnam work permit (if any);
  6. Visa renewal form signed and sealed by company’s legal representative
  7. Original certificate of temporary residence in Vietnam (residence record);
  8. In case of that foreigners accompany with their relatives, it’s required to provide the written proof of family relationships (the documents must be legalized, translated and notarized comply with the provisions of law):
  • The relatives recognized as spouse must have a marriage certificate;
  • The relatives recognized as children must have a birth certificate.
Processing Time: 5-7 working days

DURATION AND VALUE OF VISA TYPES
  1. The duration of a SQ visa is not longer than 30 days.
  2. The duration of a HN or DL visa is not longer than 03 months.
  3. The duration of a VR visa is not longer than 06 months.
  4. The duration of a NG1, NG2, NG3, NG4, LV1, LV2, DN, NN1, NN2, NN3, DH, PV1, PV2 or TT visa is not longer than 12 months.
  5. The duration of a LĐ visa is not longer than 02 years.
  6. The duration of a ĐT visa is not longer than 05 years.
  7. When a visa is expired, its reissuance shall be considered.
  8. The duration of a visa shall be at least 30 days shorter than that of a passport or international laissez-passer.

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

Chủ Nhật, 2 tháng 9, 2018

OVERVIEW OF WORK PERMIT

Work permit is issued for foreigners who enter into Vietnam to work in Vietnamese entrepreneurs and foreign companies, constructors or representative offices… presenting in Vietnam. In a new decree (11/2016/ND-CP) implementing the labor code related to foreign nationals working in Vietnam will come into force on April 1, 2016, details new requirements related to the management of foreign nationals working in Vietnam. Whereas it mentioned if a foreigner has been residing in Vietnam, only criminal/good behavior record issued in Vietnam is required for work permit application purposes. Overseas criminal/good behavior record is not needed in such case. Besides, foreigners in specialist and expert positions must supply both a university degree or higher in a field related to their role and evidence of three (3) years post-qualification work experience.


THE TERM OF WORK PERMIT
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.

APPLICABLE ENTITIES
Foreigners working in Viet Nam (hereinafter referred to as foreign workers) in one of the forms below:
  1. Working under labor contracts;
  2. Being transfer within an enterprise;
  3. 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;
  4. Providing services under contract;
  5. Offering services;
  6. Working for a foreign non-Governmental organization which is permitted to operate pursuant to the law of Viet Nam;
  7. Volunteers;
  8. Foreigners responsible for establishing commercial presence;
  9. Managers, executive directors, experts and technical workers;
  10. Foreigners participating in a tender contract or project in Viet Nam.

CONDITIONS FOR ISSUANCE OF A WORK PERMIT
  1. There is capacity for civil acts fully in accordance with the law.
  2. There is health fit with the job requirements.
  3. Not offenders or being prosecuted for criminal liability in accordance with the law of Viet Nam and foreign law.
  4. Being approved in writing by the competent State agencies on the use of foreign workers.
  5. Being a manager, executive director, expert or technician.
Foreign experts 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 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.
Foreign managers and executive directors in one of the following cases:
  • Managers of an enterprise as stipulated in Clause 18 of Article 4 of the Law on Enterprises 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;
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.

PROCEDURE FOR ISSUANCE OF A WORK PERMIT
  • At least 15 working days before the date the foreign worker is expected to begin working for the employer, the employer must file an application for issuance of a work permit to the Department Labor - Invalids and Social Affairs where the foreign worker is expected to work.
     
  • Within 07 working days from the date of receipt of an application for issuance of a work permit, the Department of Labor - Invalids and Social Affairs must issue a work permit for the foreign worker using forms the prescribed by the Ministry of Labor - Invalids and Social Affairs. In case a work permit is not granted, it must issue a written reply clearly stating the reason.
     
  • For foreign workers stipulated in Point a, Clause 1 of Article 2 of this Decree, after issuance of a work permit, the employer and the foreign worker must sign a written labor contract in accordance with the labor law of Viet Nam before the expected date he or she starts working for the employer. Within 05 working days from the date of signing the labor contract, the employer must send a copy of the signed labor contract to the Department of Labor - Invalids and Social Affairs which has issued the work permit.
     
CASES OF FOREIGN WORKERS EXEMPT FROM WORK PERMITS
1. Foreign workers specified in Clauses 1, 2, 3, 4, 5, 6, 7 and 8 of Article 172 of the Labor Code.
  • Capital-contributing members or owners of limited liability companies;
  • Members of the Board of Directors of joint-stock companies;
  • Chiefs of representative offices and directors of projects of international organizations or non-governmental organizations in Vietnam;
  • Those who stay in Vietnam for under 3 months to offer services for sale;
  • Those who stay in Vietnam for under 3 months to deal with complicated technical or technological problems that adversely impact or are at risk of exerting adverse impacts on production and business activities and these problems cannot be handled by Vietnamese and foreign experts who are currently in Vietnam. 
2. Other cases of foreign workers exempt from work permits, including:
  • Foreign workers who are internally transferred within an enterprise operating in the 11 service sectors in the list of Viet Nam’s commitments on services to the World Trade Organization, including: business, communication, construction, distribution, education, environment, finance, healthcare, tourism, cultural entertainment and transport;
  • Foreign workers entering 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;
  • 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;
  • 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;
  • Volunteers certified by foreign diplomatic missions or international organizations in Viet Nam;
  • Foreign workers coming to Viet Nam to work as experts, managers, executive directors or technical employees with a period of less than 30 days and no more than 90 cumulative days in 01 years;
  • Foreign workers entering Viet Nam to implement international agreements to which central and local state agencies are signatories as prescribed by the law;
  • Students studying in foreign schools and institutions having agreements on internship in agencies, organizations and enterprises in Viet Nam;
  • 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;
  • Foreign workers who have official passports to work for state agencies, social organizations and socio-political organizations;
  • Other cases decided by the Prime Minister at the proposal of the Ministry of Labor - Invalids and Social Affairs.

DOCUMENTS RELATING TO THE FOREIGN WORKERS
  • Foreign worker transfers within an enterprise must provide an appointment letter of the foreign enterprise assigning the foreign worker to work in the commercial presence of the foreign enterprise within the territory Viet Nam and proof of employment for the enterprise for at least 12 months prior to working in Viet Nam;
  • Foreign worker who is 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 must provide a contract or agreement between Vietnamese and foreign partners, which must include an agreement on the foreign worker working in Viet Nam;
  • Foreign worker provides services under contract must provide a service contract between Vietnamese and foreign partners and proof of employment for the foreign enterprise which does not have a commercial presence in Viet Nam for least 02 years;
  • Foreign worker offers services must provide an appointment letter of the service provider assigning the foreign worker to come to Viet Nam to negotiate on service provision;
  • Foreign worker works 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;
  • Foreign worker takes 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;
  • Foreign worker is 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;

REVOCATION OF WORK PERMITS, EXPULSION OF FOREIGN WORKERS
Revocation of a work permit
  1. Work permits lapse.
  2. Work permits revoked because the employer or the foreign worker does not comply with this Decree.
  3. Procedure for revocation of a work permit
  • For cases of work permits lapse, the employer shall revoke the work permit of the foreign worker to return to the Department of Labor - Invalids and Social Affairs which has issued the work permit;
  • For cases break the law, the Director of the Department of Labor - Invalids and Social Affairs which has issued the work permit shall issue a revocation decision and notify the employer to revoke the work permit of the foreign worker and return to the Department of Labor - Invalids and Social Affairs;
  • The Department of Labor - Invalids and Social Affairs shall issue a written document confirming revocation of work permit to the employer.
Expulsion of foreign workers
  1. Foreign workers in Viet Nam without a work permit or written document confirming exemption from work permit as stipulated shall be deported under the Viet Nam law.
  2. Within 15 working days from the date confirming the foreigner working in Viet Nam without a work permit, the Department of Labor - Invalids and Social Affairs shall request the police department to deport that foreign worker.

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 | Email: Visa@ditravel.vn

WORK PERMIT EXTENSION


Pursuant to the new Degree No 11/2016/ND-CP issued on 3 February 2016 hereby details on the implementation of Labor Code regarding to the foreign labor working in Viet Nam, if foreign workers plan to continue working in Vietnam and their current work permit’s validity is more than 30 days, they must submit the form for explanation of foreign labor usage plan in advance. In certain circumstances, a second extension to the work permit may be allowed. The work permit extension 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.

REQUIREMENTS APPLYING FOR WORK PERMIT EXTENSION IN VIETNAM
It is fairly easy to extend 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 extension at least 30 days before the existing permit expires. Furthermore, certain conditions must be met in order for an expat to be eligible for extension.
  • 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 EXTENSION
  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 EXTENSION
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.

CONSEQUENCES OF BREACH
Working in Vietnam without a work permit is still an administrative violation. Such violation is subject to administrative sanctions, but not criminal liability. Correspondingly, a foreigner may not be imprisoned but deported. An employer whose foreign employees do not have a work permit may be fined. Working in Vietnam without a work permit becomes more complicated in solving disputes (if any) in front of the Vietnamese Courts. Vietnamese legislation lacks regulations on this matter. Labour Law is one-sided to protect workers and it is a duty of employer to apply for a work permit for the employee. As a result, the employer must bear burden of proofs and discharges obligations and compensation to his employee. It is particularly recommended that foreign employee working in Vietnam must obtain a work permit.

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

Thứ Bảy, 1 tháng 9, 2018

TEMPORARY RESIDENCE CARD EXTENSION

Two main requirements for foreigners working in Vietnam include labor requirement: A Work Permit, issued by the labor department from the province employee will work which is provided by MOLISA (Ministry of Labor, Invalids and Social Affairs) and Immigration Requirement: Visa or Temporary residence card issued by the immigration department. (Provided by Ministry of Public Security). In case of the foreigners had temporary residence card but due to some reasons such as the passport running out of pages and need to change the new one or loss of residence card… to enter and exit Vietnam, they are required to change their temporary residence card or apply for renewal according to the current card (in case of loss).

CONDITIONS TO APPLY FOR TEMPORARY RESIDENCE CARD
  1. The applicant’s passport term is valid for more than one year;
  2. In the case of containing work permit, foreigner’s work permit must have a minimum period of over one year since the date of submission;
  3. Proof of residence registration by ward police;
  4. The new passport which has not used to immigrate in Vietnam and no new visa stamped on the passport (in case of changing the information of passport number due to end of pages, or passport loss shall be required to renew).

THE FOLLOWING DOCUMENTS ARE REQUIRED WHEN APPLYING FOR A TEMPORARY RESIDENCE CARD RENEWAL
  1. 01 the application form of the temporary residence card renewal (Form NA8);
  2. 01 information form of foreigners who demand to renew (Form NA6);
  3. Two (2) passport-sized photographs (2cm x3cm);
  4. The applicant’s passport (1 copy of the passport, valid visa and the latest date of Vietnam entry);
    a) In case of passport renewal, the applicant should submit the current temporary residence card;
    b) In case of losing or damaging the temporary resident card, the card holder and sponsor company must immediately report in writing to the issuing office and apply the new one if the resident card is still valid more than 1 year.
  5. A notarized copy of legal entity profile of sponsored company or organization that apply for the issuance of temporary residence card as business license or investment certificate, representative office establishment licenses, seal registration certificate and tax registration certificate;
  6. A work permit or the document of work permit exemption for the case of requiring work permit;
  7. In case of accompanying family members must have written proof of family relationships such as marriage certificate, birth certificate, family record book ... these documents must be legalized and translated into Vietnamese as prescribed;
Note that the Temporary Residence Card will not be issued if the applicant’s passport is valid for less than a year, and the duration of the residence card will always be at least one month shorter than the duration of the holder’s passport.
Processing time is from 5 to 7 working days

CASES OF BEING GRANTED TEMPORARY RESIDENCE CARD
  1. Member of a limited liability company with two members or more;
  2. Owner of a one-member limited liability company;
  3. Member of the Board of Directors of a Vietnamese joint-stock company;
  4. Foreign lawyer who has been licensed by the Ministry of Justice to practice law in Vietnam;
  5. Foreigner (with a related work permit) working in a Vietnamese enterprise or a representative office of a foreign company;
  6. Professional, student, or trainee working or studying in a national programme or project approved by the government;
  7. Family member of a residence permit holder (spouse, parents, or children under 18).

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

VIETNAM RESIDENCE CARD

A Temporary Residence Card acts as proof of identity, and as an entry visa in order to travel within, in and out of Vietnam. This helps foreigners save a large amount of time and money for visa application as well as visa extension during the entry, exit and residence in Vietnam. Temporary Residence Cards (TRCs) are valid for one to five years, with a duration of at least one month less than expiration of passport. The residence card is issued for investor, shareholder, foreigner granted work permit and accompanying relatives (father, mother, wife, husband, children under 18 of the granting residence card person) of the granted residence card person. The residence card will not be issued to people whose passports are valid for less than one year.

 BEFORE APPLYING FOR TEMPORARY RESIDENCE CARD (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 RESIDENCE CARD IN VIETNAM 
  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).

 REQUIRED DOCUMENTS FOR VIETNAM TEMPORARY RESIDENCE CARD
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 or Certificate of business registration or License of representative office establishment or Subsidiary companies (including written notice of activity);

    *  Seal registration certificate and

    * Tax code registration certificate (if any);
     
  2. A written request for temporary residence card (NA6 form);
     
  3. Declaration of foreign applicant’s information (NA8 form);
     
  4. Two (2) passport-sized photographs (2cm x3cm);
     
  5. The applicant’s original of passport;
     
  6. A valid and suitable Vietnam visa (Visa code: LĐ/DN/DT);
     
  7. A notarized copy of work permit or work permit exemption certificate;
     
  8. Proof of residence registration in Vietnam cerified by local police department 

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 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

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