A work visa is a type of visa issued to foreigners to prove that they legally work in Vietnam. It can be a short-term worker under 3 months or a long-term worker under 3 months or more. Labor visas are issued with types LD1 and LD2. A work permit can be extended and reissued once it is expired.
The demand for using foreign workers in Vietnam is now quite high thanks to foreign investment projects in Vietnam as well as international free trade agreements between Vietnam and WTO or ASEAN.
Since July 1, 2020, there were some other visa symbols supplemented by the effection of new laws:
➪ NG4 -Issued to people entering and working with diplomatic mission offices. Consular offices, representative offices of international organizations under the United Nations, and so on.
➪ LS – Issued to foreign lawyers practicing in Vietnam.
➪ DT1 – Issued to foreign investors in Vietnam and representatives of foreign organizations investing in Vietnam. Having a contributed capital of VND 100 billion or more or investing in an industry or profession with investment incentives. Areas of investment incentives shall be decided by the Government.
➪ DT2 – Issued to foreign investors in Vietnam and representatives of foreign organizations investing in Vietnam. Having a contributed capital of between VND 50 billion and under VND 100 billion or investing in the industry. The profession of promoting investment and development is decided by the Government.
➪ DT3 – Issued to foreign investors in Vietnam. And the representative of a foreign organization investing in Vietnam with a contributed capital of between VND 3 billion and under VND 50 billion.
➪ DT4 – Issued to foreign investors in Vietnam and representatives of foreign organizations. Investment in Vietnam with contributed capital of less than 03 billion VND.
➪ DN1 – Issued to foreigners working with enterprises. Other organizations have legal status in accordance with the law of Vietnam.
➪ DN2 – Issued to foreigners who offer services, and establish commercial presence projects, following other activities according to international treaties with Vietnam is a member.
➪ LD1 – Issued to foreigners working in Vietnam without demanding work permits. Unless otherwise provided by an international treaty to which Vietnam is a contracting party.
➪ LD2 – Issued to foreigners working in Vietnam who are required to have a work permit.
➪ EV – Electronic Visa.
Conditions for obtaining a work visa for foreigners
Vietnam work visas are only issued to people who have full capacity for civil acts. professional qualifications, skills, and in good health condition to meet the job’s demands. Not being a criminal or being examined for penal liability in accordance with Vietnamese and foreign laws.
In particular, foreigners need a work permit or a work permit exemption certificate and carry out visa application procedures at the immigration management agency. For foreigners who have not yet entered Vietnam, the Company guarantees to carry out procedures for entry into the labor force for a period of 3 months or less for foreigners.
Who applies for a Vietnam work visa?
The issuance of Vietnam work visas for foreigners is applied when performing labor contracts; moving within the enterprises, and performing all kinds of economic and commercial together with finance, banking, insurance, science, technology, sports, culture, education, health, and vocational education contracts or agreements.
Also, this type of visa is applied for people working for NGOs, and international organizations in Vietnam which are permitted to operate in accordance with Vietnamese laws.
Together with volunteers, and people who are responsible for establishing a commercial presence, managers, executives, experts, and technical workers who participate in the implementation of bidding projects in Vietnam can also apply for Vietnam work visas.
A work permit visa should be carried out for a foreigner at least 30 days in advance from the expecting working date.
Procedures for granting work visas for foreigners
Step 1: Apply for a work permit
At least 30 days before the foreign workers expect to come and work in Vietnam. The employer must send a report explaining the need to use foreign workers to the Ministry of Labor, War Invalids, and Social Affairs or the Chairman of the Provincial People’s Committee.
Within 10 working days, the agency will receive the documents and give out the result which approves to use of foreign workers or request the employer to re-explain if needed. Next, the employer will prepare documents to apply for a work permit in Vietnam for foreigners.
Here are some required documents that must be submitted in the process in order to apply for an LD work visa:
➦A completed application form
➦A notarized copy of a valid passport.
➦Health certificates and medical records of the applicant provides by hospitals in Vietnam (under 12 months)
➦Three passport-sized photos taken recently
➦Notarized copies of any relevant professional certificates: Experts, managers, technicians,…
➦A judicial profile to prove the applicant has no history of criminal activity that would prevent them from working in Vietnam.
➦ In some industries with special requirements, other documents will be required as prescribed by law.
⇒LD visa issuance date
All documents to apply for this type of visa need to be submitted directly to a competent authority. LD visa can be processed within 5 working days from the date the documents are fully provided and approved. The competent authorities will issue a work permit if the application is valid or issue a notice of correction if there are errors.
The employer will submit the application to the approval agency and receive the original work permit. The documents of foreigners have to be consular legalized, translated into Vietnamese, notarized, and authenticated before submission.
For employees who are not able to get work permit issuance, it is important to:
- Prove that you are not subject to the issue of a work permit by filling out some required documents.
- If you do not have an exemption from a work permit, it matters to report labor information and labor hours to the competent state agencies.
Step 2: Apply for a Vietnam work visa at the Immigration Department
The employers are asked to apply for an LD visa at the Immigration Department or the Immigration office where their workplace is located. Required documents include:
- Form NA5 according to Circular No. 04/2015/TT-BCA
- Form NA16 issued together with Circular No. 04/2015/TT-BCA (if carrying out procedures with the Immigration Department for the first time)
- A certified copy of Certificate Business Registration or decision form approved by the competent authority on the establishment of an organization.
- A letter of introduction
- A certified copy of the work permit/work permit exemption
- Original valid passport of the employee
To apply for an LD visa, the employers have to submit all documents directly to the Immigration Department or Provincial Immigration Offices.
Process time: Within 5 working days
Note: The authorized person needs to provide a receipt when he/she comes to submit documents or to get visa results.
Visa issuance to foreigners who have not entered Vietnam yet
Step 1: Apply for an approval letter at the People’s committee.
Employers who want to get approval letters should prepare these required documents in advance.
- A request for entry support;
- List of foreigners expected to enter;
- A copy of the business license or operation license with functions and duties suitable for the purpose of the entry request.
- Documents proving eligibility for immigration support: diplomas, certificates, certifications of work experience relevant to the job title and subjects.
- Employers declare information online at http://dolisa.work and submit documents to monitor the process of the People’s Committee and print the approval letter when approved.
Step 2: Apply for a Vietnam work visa at the Immigration Department
- Form NA2 according to Circular No. 04/2015/TT-BCA
- Form NA16 issued together with Circular No. 04/2015/TT-BCA (if submitted for the first time at the Immigration Department)
- Certified copy of the Certificate Business Registration or decision of the competent authority on the establishment of the organization (if submitted for the first time at the immigration authority)
- An original immigration approval letter approved by the People’s Committee or a certified copy.
The Immigration Department shall consider, process the documents, then announce visa results to guaranteeing agencies/ organizations within 03 working days since they got all required documents.
These regulations and information above hopefully give you a better understanding of how to apply for a work visa for foreigners. Please immediately contact Bistax Law Consulting Company Limited if you have any requests for the services. All procedures are performed by Bistax Law on behalf of customers. Contact us visa phone visa 077 7723 283 ( zalo, viber, WhatsApp 24/24) for a free consultation.