Vietnam Work Visa: Requirements & Process

Discover the comprehensive guide to obtaining your Vietnam Work Visa with confidence. This article provides essential insights into application requirements, documentation process, and expert tips for successful visa approval. Learn how to navigate Vietnam’s work permit system efficiently with our step-by-step guidance.

What is a Vietnam Work Visa? Types and Definitions

A Vietnam work visa is a type of visa issued to foreigners who work in Vietnam. This visa is regulated by the Law on Entry, Exit, Transit, and Residence of Foreigners in Vietnam, with specific symbols LĐ1 and LĐ2.

• LĐ1 Visa: Issued to foreigners working in Vietnam without a work permit. This visa is usually applied in cases where workers are exempted from a permit according to the provisions of law or international treaties to which Vietnam is a party.
• LĐ2 Visa: provided to international employees in Vietnam who need a valid work permit. In this case, workers are required to have a valid work permit before applying for a visa.

The main purpose of having a work visa is:

• Legalizing the working status: Ensuring that foreigners working in Vietnam have valid documents and comply with the legal regulations on labor.
• Protecting workers’ rights: By requiring work permits and visas, it helps ensure that workers are working in a legal and safe environment.
• Human resource management: Helps the government manage and control the number of foreigners working in Vietnam, thereby ensuring that the domestic labor market is not negatively affected.

In addition, work visas in Vietnam are divided into 2 types: Work Visa and Business Visa. To better understand the differences, see the following comparison table:

Continue Learning: Vietnam Business Visas: Requirements & Application Processes

Essential Laws and Regulations for Vietnam Work Visa

In the process of learning about work visas to work legally in Vietnam, you need to grasp the main ideas of some related laws to supplement your knowledge when necessary.

Key Requirements Under Law 47/2014/QH13

Scope of regulation: Regulates principles, conditions, procedures, rights, and obligations of foreigners when entering, exiting, transiting, and residing in Vietnam.

Conditions for visa issuance:

• Have a passport or valid international travel document.
• Have an agency, organization, or individual in Vietnam inviting or sponsoring.
• Not in the cases where entry is not allowed according to regulations.

Visa symbols: Including types such as LD (labor), DL (tourism), TT (visiting relatives), and other types.

Important Updates from Law 51/2019/QH14

Amendment and supplement: Adjust several articles of Law No. 47/2014/QH13 to clarify the issuance of work visas, especially classifying them into LD1 (no work permit required) and LD2 (work permit required).

Conditions for granting work visas: Emphasize the requirement for work permits for those in the LD2 category.

Critical Guidelines from Circular 04/2015/TT-BCA

Guidelines for visa issuance procedures: Provide specific instructions on the necessary documents and procedures to apply for work visas for foreigners.

Required documents:

• Application form for visa issuance.
• Copy of work permit or certificate of non-work permit issuance.
• Documents proving the purpose of entry.

What You Need to Know About Decree 11/2016/ND-CP

Detailed regulations on work permits: Provide procedures for granting work permits to foreigners working in Vietnam.

Responsibilities of employers:

• Must determine the need to employ foreign workers for positions that Vietnamese workers cannot meet.
• Report to the Chairman of the Provincial People’s Committee if there is a change in the need to employ foreign workers.
• Cases where a work permit is not required: Specify cases where foreign workers do not need a work permit as prescribed.

Duration of work permit: The permit may be reissued for the duration of the previously issued permit but not exceeding 02 years.

Classification of conditions and requirements of Vietnam work visa

Work visas in Vietnam are divided into two main types, corresponding to different groups of international workers:

• LD1 visa: For foreigners who do not need a work permit. This usually applies to cases where workers are exempted from a permit according to the provisions of law or international treaties in which Vietnam participates.
• LD2 visa: For foreigners who need a work permit. This type of visa requires workers to have a valid work permit before applying for a visa.

Apply for a Vietnam work visa according to each job position

Requirements for Managers and Executives:

Subjects: Those holding senior management positions in enterprises, such as directors or deputy directors.

Conditions:

• Must have experience and high professional qualifications.
• Requires a work permit (for LD2 visa) or confirmation that a permit is not required (for LD1 visa).

Additional requirements: The company must demonstrate that the position cannot be filled by a Vietnamese citizen.

How to Qualify as a Specialist or Expert

Target: Those with high expertise in fields such as information technology, healthcare, education, etc.

Conditions:

• Requires appropriate professional qualifications and certificates.
• A work permit is required for the LD2 visa; the LD1 visa may be granted if exempted.

Additional requirements: The company must demonstrate that the foreign expert or specialist will bring added value to the company’s operations.

Technical Worker Visa Requirements

Target: Those with high technical skills, working in technical industries or services.

Conditions:

• Requires a certificate or degree related to the technical field.
• A work permit is also required for the LD2 visa; for the LD1 visa, confirmation that the permit is not required is required.

Additional requirement: The company must demonstrate that the foreign technician will perform work for which there are insufficient domestic human resources.

How to Apply for a Vietnam Work Visa: Step-by-Step Guide

Documents required in Vietnam work visa application

To apply for a work visa in Vietnam, foreigners need to prepare a complete and accurate set of documents. Below is a deeper analysis of each requirement.

Completed job application

– Required content:

• Personal information: Full name, date of birth, nationality, contact address.
• Job information: Company name, position applied for, expected working time.
• Reason for applying: Explain why the candidate chose this company and position, as well as the values ​​they can bring.

* A job application is not only an administrative document but also an opportunity for the candidate to express himself. A well-written job application can make a positive impression on employers and visa agencies.

A valid passport and notarized copy

• Passport details: Passport must be valid for at least 6 months from the date of application. At least 2 blank pages are required for visas and entry stamps.
• Notarized copy: Notarization helps authenticate the information in the passport, ensuring that there is no fraud in the visa issuance process. This also makes it easier for the authorities to check and verify the information.

Health certificate and medical records

• Health certificate: Must be issued by a medical facility recognized by the Vietnamese Ministry of Health. This certificate is usually no more than 12 months from the date of application submission.
• Medical records: If the applicant has a history of illness, the records must show that the current health condition does not affect the ability to work. This is very important in occupations that require good health such as construction, medicine, or transportation.

Passport-size photo

– Specific photo requirements:

• Size: 4×6 cm.
• Background: White, no shadows.
• Taken within the last 6 months.
• Quality: The photo must be clear, not blurred or smudged, and not wearing colored glasses or accessories that cover the face.

* This is an important part of the application to confirm the identity of the worker. An unsatisfactory photo may result in the application being rejected.

Criminal record

– Criminal record:

• A criminal record certificate issued by the competent authority must be provided, confirming that there is no criminal record or current criminal prosecution.
• This certificate must be issued within 180 days before applying to ensure accuracy and timeliness.

* This requirement is to ensure security and social order in Vietnam. Authorities want to ensure that foreign workers do not pose a danger to the community.

Relevant professional certificates

– Certificates and degrees: Notarized copies of university degrees or professional certificates related to the job position must be provided. If the position requires special skills (such as a doctor, or engineer), a practice license or certification from the competent authority in the applicant’s home country is required.

* Providing professional certification helps ensure that workers have the necessary qualifications and skills to perform the work they are assigned. This also helps to improve the quality of labor in Vietnam.

Stages and steps to apply for a Vietnam work visa

The main application stage

The process of applying for a work visa in Vietnam includes two main stages, each stage has key points that employers and foreign workers need to carry out. Below is a detailed analysis of each stage.

– Stage 1: Application for a work permit initiated by the employer

Employers need to prepare documents to apply for a work permit for foreigners. This document includes:

• Application for a work permit.
• Business registration certificate or equivalent document of the company.
• Notarized copy of the employee’s passport.
• Health certificate of the employee.
• Documents proving the employee’s professional qualifications (degrees, certificates).

After being fully prepared, the application will be submitted to the Department of Labor, War Invalids, and Social Affairs where the enterprise is located. The Department of Labor will review the application. The review time usually takes from 5 to 15 working days. If the application is valid, the agency will issue a work permit to the foreigner.

– Stage 2: Foreigner’s work visa application

Foreigners need to prepare the following documents to apply for a visa:

• Application for a visa (according to the prescribed form).
• A work authorization from the Labor Department.
• Passport valid for at least 6 months and with at least 2 blank pages.
• Health certificate.
• Passport-size photo.

Visa applications will be submitted to the Vietnamese diplomatic mission or consulate abroad, or the Immigration Department if in Vietnam. The processing time usually takes from a few days to a few weeks depending on each specific case.

Steps to apply for a Vietnam work visa

The process of applying for a work visa in Vietnam includes many specific steps and detailed documentation requirements. Below is a more in-depth analysis of each step in this process.

1. The company in Vietnam prepares the necessary documents:

• Business operating license
• Certificate of seal use
• Signature and seal introduction document
• Visa application form
• Original passport of the employee
• Work permit
• Temporary residence book or certificate

2. Submission of the application:

• Location: Immigration Department or provincial/municipal police
• Processing time: 5 to 15 working days
• Checking for completeness and validity

3. Receiving the work visa application letter:

• Issuance of visa application letter by Immigration Department
• Includes employee information, visa type, and validity period

4. Notification to foreign employees:

• Company informs foreign employee of visa application letter receipt
• Instructions for the next steps to receive the visa

5. Visa receipt and fee payment:

• Preparation of visa fee payment receipt
• Payment at the Vietnamese diplomatic mission or consulate
• Receipt of visa on passport for entry and work in Vietnam

Vietnam Work Visa Processing Time and Fees

Depending on each case of applying for a short or long visa, there are different fees.

Normally, the processing time is 5 working days from the date of submission of a valid application. The time to receive the results will be clearly stated in the receipt when the business or organization applies to the immigration authority.

Managing Your Vietnam Work Visa

Understanding Visa Validity Periods

• Duration: maximum 2 years, for Work Visas (LD). Depends on the duration of the work permit. If the work permit has a shorter duration, the visa will be issued according to that duration.
• Multiple entry visa: Allows workers to enter and exit Vietnam multiple times during the visa duration without having to reapply. Multiple entry visas can be valid from 3 months to 5 years, depending on the needs and conditions of the worker.

Renewal Process

– Renewal Conditions:

• Passport valid for at least 6 months.
• The current visa is still valid.
• Have a valid work permit or work permit exemption certificate.
• Certificate of temporary residence registration in Vietnam.

– Required Documents:

• Photocopy of the company’s business registration certificate.
• Original passport and copy of the current visa.
• Visa extension application (form NA5).
• Temporary residence declaration certified by the ward police.

Key Success Factors for Visa Approval

• Employers in Vietnam: must sponsor foreign workers, and ensure the necessary legal and financial procedures to apply for a work visa. Prepare documents, including business licenses and company-related documents, to submit to the immigration authorities.
• Professional legal advice: Applying for a work visa often requires advice from legal experts to ensure compliance with legal regulations and avoid errors in the application. Visa and work permit regulations may change, so it is important to update information from reputable sources and lawyers.
• Local work permit: Foreign workers need a valid work permit issued by the Ministry of Labor, War Invalids, and Social Affairs before applying for a visa. This permit ensures that the worker is legally allowed to work in Vietnam.

These factors are important to ensure the visa application process goes smoothly and complies with Vietnamese law.

Special Visa Situations and Solutions

How to Apply While Already in Vietnam

– Preparing documents:

• Original passport: Valid for at least 6 months.
• Work permit: Or work permit exemption certificate if exempted.
• Visa extension application: Form NA5.
• Temporary residence registration: Confirmed by local police.

– Document Submission Process:

• The application is submitted to the Immigration Department of the provincial or municipal police where the foreigner is temporarily residing.
• Processing time is usually 5 working days.

* Note: Foreigners need to ensure that they do not violate the residence regulations during their stay in Vietnam to avoid trouble when extending their visa.

Guide to Changing Employers

– Preparing documents:

• New work permit: Sponsored by the new company.
• New labor contract: Signed with the new company.
• Decision to terminate the contract with the old company: If any.

– Application Submission Process:

• The new company needs to apply for reissuance or adjustment of work permits for foreigners to the Department of Labor, War Invalids, and Social Affairs.
• After obtaining a new work permit, the new company will proceed with the visa application or visa extension procedures for the employee.

* Note:

• The conversion procedure must be carried out before the current work permit and visa expire to avoid interruption of work and legal residence.
• The above steps help ensure that foreign employees can continue to work legally in Vietnam in case of changing companies or are already residing in Vietnam.

Common Questions About Vietnam Work Visa

Can I Apply for a Work Visa While in Vietnam?

Yes, you can apply for an extension or adjustment of your work visa while you are in Vietnam. You need to prepare a complete application and submit it to the local Immigration Department.

Do I need a work permit in addition to a work visa?

Yes, a work permit is required to work legally in Vietnam, in addition to a work visa.

Can I change employers while I am on a work visa in Vietnam?

Yes, you can change employers. You need to re-apply or adjust your work permit and visa with the sponsorship of the new company.

What happens if my work visa expires while I am still in Vietnam?

You must quickly renew your visa before it expires to avoid violating the residency law. Otherwise, you may be fined and forced to leave Vietnam.

The process of applying for a work visa in Vietnam may require time and patience, but it will open up great opportunities for you in your career. Don’t worry, just follow the right procedures and prepare carefully, you will soon start your journey to work and explore a vibrant country like Vietnam.