Work Visa

Work Visa

OVERVIEW

As a foreigner, you want to work in Vietnam, under Vietnam Labor Law, you need a specific visa to work in Vietnam which is known as work visa or employment visa. Foreigner employees are working more than 3 months in Vietnam, they have to apply for work permit. Having a work permit allows them to apply for working visa which is valid up to 1 year in case a temporary residence card can not be issued. 

TYPES OF WORK VISA 

Vietnam work visa is categorized into LD1 and LD2 symbol:

⋅ LD1: to be issued for foreigners who come to work in Vietnam with work permit exemption certificate, otherwise provided for the international treaties of which Vietnam is a member. 

⋅ LD2: to be issued for foreigners who come to work in Vietnam with work permit 

The validity of LD1 and LD2 visa can be valid up to 2 years and extendable. In case, your work permit is less than 1 year, the validity of your working visa is granted as the one of your work permit.

SUPPORTING DOCUMENTS FOR WORK VISA 

Employee’s documents: 

⋅ A valid passport 

⋅ A completed application form NA5

⋅ A notarized copy of work permit exemption certificate or work permit 

⋅ A temporary residence registration (issued by local police station where that employee is residing in case the applicant is in Vietnam)

⋅ 02 photos (3x4cm)

Sponsor company’s documents:

⋅ A notarized copy of business license

⋅ Form NA16: registration form of the seal and signature of the legal representative of company is operating in Vietnam 

⋅ Introduction letter 

⋅ ID or passport of the sponsor company’s representative (submitting person)

And other additional documents if required.

HOW TO GET A VIETNAM WORK VISA

Step 1: Submit the documents 

After completely preparing all documents as mentioned above, a representative of sponsor company will visit the Vietnam Immigration Department to submit these documents. These can be also submitted at the Local Immigration Office under the Department of Public Security where the sponsor company is based. 

If the work visa application is accepted by Immigration Officer, the submitter will receive an appointment note showing the expected date to collect the work visa result.

Step 2: Visit back the Immigration Department to collect the result

On the receiving date as stated in an appointment note, the representative of sponsor company will go to the Immigration Office to pay for visa fee and collect a visa approval letter if it is issued. 

In case, applicant will receive visa stamped at the Vietnamese Embassy in a foreign country, a tax fee has to be paid

Step 3: Collect visa stamped on passport 

Applicant can collect visa stamp at the Vietnamese Embassy where he or she is residing or at the Vietnam airport depending on a place of picking up visa as stated on the visa approval letter. In order to collect Vietnam work visa stamp, applicant has to present the following documents:

⋅ Original valid passport

⋅ A completed Vietnamese visa application form with a photo (4×6) glued on it.

⋅ A copy of visa approval letter 

⋅ Stamping fee (This fee will be different from this embassy to another)

PROCESSING TIME 

The processing time of work permit is normally 7 working days (excluding Saturday, Sunday and National Holidays) since required documents are fully provided. 

LEGAL BASIS FOR VIETNAM WORK VISA 

Law No. 47/2014/QH13 on entry, exit, transit, and residence of foreigners in Vietnam

Law No. 51/2019/QH14 amending and supplementing a number of articles of the Law No. 47/2014/QH13.

Circular No. 04/2015/TT-BCA providing regulations on specimen papers concerning foreigners entering, leaving and residing in Vietnam

Decree No. 11/2016/ND-CP governing the implementation of the Labor Code on issuance of work permits to foreign workers in Vietnam and expulsion of foreign workers in Vietnam without work permits.

DIFFERENCE BETWEEN WORK VISA AND BUSINESS VISA

Work visa and business visa are misunderstood by many foreigners as the same type of visa. However, they are completely different. Here are some distinctions between work visa and business visa

⋅  With business visa, its holder is allowed to enter the country for the purposes of conducting business with other businesses or individuals. The holder of business visa is not permitted to engage in regular work or long-term employment. While, work visa is the permission to enter Vietnam for the purposes of working for a company in Vietnam.

⋅ To apply for a work visa, a work permit is required, but there is no need of work permit for getting a business visa

⋅ The validity of work visa is longer than business visa. The holder of work visa can apply for a temporary residence card while he or she can not do that with a business visa.