What are the Conditions for Obtaining a Work Visa in Vietnam?
Currently, the legal documents do not specifically use the term “work visa.” However, according to Article 8, Clause e, and Article 8, Clause g, Point 3 of Article 1 of the 2014 Law on Entry, Exit, Transit, and Residence of Foreigners in Vietnam, as amended in 2019, we can understand that the work visa is a type of visa denoted as LD1 or LD2.
According to Article 10 of the Law on Entry, Exit, Transit, and Residence of Foreigners in Vietnam, as supplemented by Clause 5 of Article 1 of the 2019 amended Law, detailed conditions for visa issuance are as follows:
- Possession of a valid passport or international travel document.
- Invitation and sponsorship from an organization, institution, or individual in Vietnam, except in cases specified in Article 16a, Article 16b, and Clause 3 of Article 17 of this Law.
- Not falling under the cases of inadmissible persons as specified in Article 21 of this Law.
- Foreigners entering for work must have a valid work permit as regulated by the Labor Law.
- Electronic visas are issued to foreigners with passports who do not fall under Clauses 1, 2, 3, and 4 of Article 8 of this Law.
What is the Procedure for Issuing Work Visas for Foreign Workers in Vietnam?
According to Article 16 of the Law on Entry, Exit, Transit, and Residence of Foreigners in Vietnam, as supplemented by Clause 8 of Article 1 of the 2019 amended Law, and the provisions of Article 3 of Circular No. 31/2015/TT-BCA, the procedure for applying for a work visa is as follows:
Step 1: Before initiating the invitation and sponsorship procedure for a foreigner’s entry into Vietnam, the inviting and sponsoring organization, institution, or individual must send a written notification along with the required documents to the Immigration Department. This notification is a one-time requirement; any changes in the submitted documents require supplementary notification.
Step 2: The inviting and sponsoring organization, institution, or individual directly submits the written request for the visa issuance to the Immigration Department. The inviting and sponsoring entities can choose to submit the visa application and receive the response electronically through the Immigration Department’s online portal, provided they meet the legal conditions.
Step 3: Within 5 working days from the date of receiving the written request for visa issuance, the Immigration Department examines, processes, responds, and notifies the authorized agency issuing visas for Vietnam abroad.
Step 4: Upon receiving the response from the Immigration Department, the inviting and sponsoring organization, institution, or individual informs the foreigner to proceed with the visa issuance procedure at the authorized agency issuing visas for Vietnam abroad.
Documents Required for Work Visa Application:
According to Clause 2 of Article 16 of the Law on Entry, Exit, Transit, and Residence of Foreigners in Vietnam in 2014, which is supplemented by Clause 7 of Article 1 of the 2019 amended Law and Circular No. 04/2015/TT-BCA, the documents required for a work visa application include:
- Notification letter regarding the sponsorship for the issuance of a visa to Vietnam.
- Authenticated copy of the business registration certificate.
- Letter of introduction, seal, and signature of the authorized person of the organization.
According to Article 12 and Article 17 of the Law on Entry, Exit, Transit, and Residence of Foreigners in Vietnam in 2014, supplemented by Clause 7 of Article 1 of the 2019 amended Law and Circular No. 04/2015/TT-BCA, the proposed documents for issuing a visa to foreign workers to the Immigration Department include:
- Visa application form for Vietnam.
- Authenticated copy of the work permit or confirmation that the applicant is exempted from the work permit requirement.
- Supporting documents if falling into any of the following exempted categories:
- According to international treaties to which Vietnam is a party.
- Using permanent residence cards, temporary residence cards as regulated by Vietnamese laws.
- Entering economic zones, special administrative-economic units.
- Granted unilateral visa exemption by Vietnam.
- Vietnamese residing abroad with passports or international travel documents issued by the competent authorities of the foreign country and their foreign spouses, children, exempted according to the Vietnamese Government’s regulations.
- Entering coastal economic zones as decided by the Government, meeting the criteria: having international airports, separate geographical boundaries, contributing to economic and social development policies, not affecting Vietnam’s national defense, security, order, and safety.