A Vietnam work visa is a legal document that the Department of Labor issues to its holder so they may legally work there. It must be applied indirectly, either with the help of the foreigners’ employers or a service centre in Vietnam.
A necessary document to apply for a temporary residency card or a working visa for Vietnam is a Vietnam work permit. The Labor Code No. 45/2019/QH14 and the Decree No. 52/2020/ND-CP effectively govern it at the moment.
WHO IS ELIGIBLE FOR A VIETNAM WORK VISA?
- The applicant must be older than 18 years of age.
- He will be employed in Vietnam in a managerial or executive capacity, or as a specialist with the requisite technical expertise for the post.
- The applicant must be in good health, and there are no pending or previous criminal charges against him.
- The applicant meets the requirements in terms of education and experience to fill the post.
- Has at least 3 years of executive-level or higher work experience.
- The applicant is employed by a corporation in Vietnam under a contract.
- The employer can demonstrate that despite advertising the position to Vietnamese nationals, it was not successful in finding a local candidate (ie. they put up the job advertisement notice in a newspaper or online site)
WHO NEEDS A VIETNAM WORK PERMIT?
- The applicant can work under a Vietnam Business Visa if during the course of a year, he will work in Vietnam for a duration less than three months.
- The applicant is a member of a limited partnership that employs multiple members.
- He is the owner of a single-member limited company in Vietnam.
- The applicant serves on the board of a joint-stock firm.
- He is an attorney and the Ministry of Justice of Vietnam has granted him a professional licence.
- The applicant has been promoted internally.
- The applicant has obtained certification as a volunteer in Vietnam from a foreign diplomatic mission or an international organisation.
- The applicant will be employed in service sales for a foreign company in Vietnam.
- additional activities as specified by the Vietnam Ministry of Labour.
TYPES OF WORK VISAS IN VIETNAM
- DL visas for tourists
- HN visas for meetings and conferences
- DT visas for investors
- DN visas for individuals working with Vietnam businesses
- DH visas for students and interns
- NG1-NG4 visas for diplomatic purposes
- LV1-LV2 visas for individuals working with Vietnamese authorities
- LD visas for foreign workers
Employees who intend to stay and work in Vietnam for a long time will require an LD visa.
HOW TO APPLY FOR A VIETNAM WORK PERMIT?
Step 1: Obtaining approval to hire a foreign worker
The process of obtaining a work permit involves several steps, starting with the employer obtaining approval to hire a foreign worker.
The employer must submit an application for the work permit to the Vietnam Ministry of Labor, Invalid and Society’s offices at least thirteen working days prior to the employee’s starting date.
However, before submitting the work permit application, the employer must first obtain permission from the Ministry of Labor, Invalids and Social Affairs or the People’s Committee where they reside or conduct business.
This approval process takes at least 20 days, after which the employer can proceed with the work permit application.
Relin Consultants provides company registration services. You may refer to Vietnam company formation for more information.
Step 2: Submitting the documents
The employer will need to prepare all the required documents listed below.
The employer must submit the prepared documents to the Ministry of Labor, War Invalids and Social Affairs or the Department of Labor and Social Affairs of the province where the foreign employee is expected to work or online at http://dvc.vieclamvietnam.gov.vn at least 15 days prior to the anticipated date when the foreign worker begins working for the company.
After submitting all necessary documentation, the employer must wait three to five working days before receiving the work permit.
DOCUMENTS REQUIRED FOR SUBMITTING FOR VIETNAM WORK PERMIT APPLICATION
- A health certificate,
- A certified copy of the diploma or certificate, and criminal background checks (provided within 180 days);
- Confirmation letter from prior employers attesting to the work experience;
- A passport photo and a valid visa;
- A letter of authorization from the Ministry of Labor, Invalids and Social Affairs or the local People’s Committee authorizing the use of foreign labour by the company. This certificate must be requested at least 20 days prior to the employer’s anticipated date of hiring foreign employees;
- A certified copy of the employer’s business registration certificate;
- Employment agreement.
PROCESSING TIME AND COST FOR VIETNAM WORK PERMITS
The processing time for work permit requests is 20 working days in total (after obtaining all necessary documentation).
The request to hire foreign nationals will usually be approved within 15 days, and the work permit will be provided within 5 working days.
Nonetheless, it is strongly advised to start the process at least 30 days before the foreigners’ anticipated start date of employment.
The province or city where the application forms are submitted determines the cost of a Vietnam work visa.
EXTENSION OF THE VIETNAM WORK PERMIT VALIDITY
A work permit is valid for up to two years, as per Decree No. 152/2020/ND-CP, and it can be extended once for an additional two years. If the business wants to continue hiring the foreign worker after the extended work permit expires, they must complete the same process to get a new work permit.
TERMINATION OF VIETNAM WORK PERMIT
A work permit can be terminated if:
- The work permit has expired.
- The contract with the employee has ended.
- The labor agreement’s provisions conflict with the work permit that was issued.
- Business, trade, finance, banking, insurance, research and technology, culture, sports, education, and medical contracts have all expired or been terminated.
- The termination of the foreign worker in Vietnam was declared by the foreign employer.
- The work permit that was issued by the designated state agency has been withdrawn.
- The company, group, and partners’ operations in Vietnam have come to an end.
Before departing Vietnam, the applicant must cancel the work permit with the Department of Labor, Invalids and Social Affairs if he chooses to transfer to another country for employment or return to the home country.
Within fifteen (15) days of the date their job expires, foreign employees must return the permit to their employer. The permit and a letter of notification must be delivered by the employer to the regional Labor Department office.
When I’m in Vietnam, can I convert my tourist visa to a work permit?
Foreigners with a tourist or business visa can travel to Vietnam to search for work. If they land a job, they will then be granted a work permit in Vietnam by their employers, whose business or organisation is authorised and registered in Vietnam.
What is the difference between a business visa and work permit?
For persons visiting Vietnam for business-related reasons, a business visa is provided. To undertake business activities as permitted by Vietnamese law, a Vietnam visa is often valid for three months (single or repeated entries), or even six months to one year. The purpose of a business visa is to Attend meetings, Business events/conferences, Investigate business opportunities and ventures, etc.
Government officials grant work permits to foreign nationals who want to earn income or compensation abroad. A work permit is used for Obtaining full-time or part-time employment, Working under contract, Contracted labour such as assembling an exhibit, etc.
Can a Vietnam work permit be extended after two years?
Yes. One extension is permitted for the Vietnam work permit. The employer is needed to apply for a new work permit for his or her foreign employee with the labor authorities after the extended duration expires.
What benefits can a work permit holder’s family enjoy?
In addition to other social benefits linked to banking and residency, a work permit holder can apply for a temporary resident card (TRC) in Vietnam for a duration of up to two years. His or her family members can also take advantage of this by applying for a dependent TRC.
How can someone without a degree obtain a work permit in Vietnam?
Only under specific conditions may you obtain a work visa in Vietnam without a degree. This will typically need a demonstration of a specific level of experience in a sector. It is advisable to discuss this with your employer.