Are you considering working in Vietnam? Understanding the distinctions between a Vietnam work visa and a Vietnam work permit is crucial. In this comprehensive guide, we will explore the key differences, requirements, application processes, and restrictions associated with both work visas and work permits in Vietnam. Whether you are an expatriate seeking employment in Vietnam or a company looking to hire foreign workers, this article will provide you with the necessary information to make informed decisions. Let’s dive in!

Vietnam work permit

The Vietnam work permit is an official authorization that allows foreign nationals to work legally in Vietnam. It is required for individuals who want to engage in employment within the country. Without a valid work permit, it is not legally permissible to work in Vietnam.

The work permit is issued by of Labor, War Invalids and Social Affairs Department (DOLISA)

Vietnam work visa

The work visa is issued by the Immigration Department in Vietnam. It allows the visa holder to enter Vietnam and legally reside there during the designated period stated on the visa. However, it is important to note that a work visa alone is not sufficient to work in Vietnam. A separate work permit is still required to engage in employment activities.

In summary, the work permit is focused on granting the legal right to work in Vietnam, while the work visa facilitates entry and temporary stay in the country for individuals who have secured employment. Both the work permit and work visa are necessary for foreign nationals who wish to work legally in Vietnam.

Understanding Vietnam work permit

Required documents and Procedures for Vietnam Work Permit

Step 1: Apply for the demand for foreign labor recruitment

Legal documents guiding the work permit for foreign individuals in Vietnam is clearly regulated in the following legal documents:

• The 2019 Labor Code, which came into effect on January 1, 2021.
• Decree 152/2020/ND-CP dated December 30, 2020, which regulates foreign workers working in Vietnam and the recruitment and management of Vietnamese workers working for foreign organizations and individuals in Vietnam.
• Circular 250/2016/TT-BTC of the Ministry of Finance: Guidelines on fees and charges under the jurisdiction of the Provincial People’s Councils and Central-affiliated cities.

All employers, barring contractors, intending to hire foreign employees must compile a document set justifying their necessity for foreign labor. They should submit these documents either to the Ministry of Labor, War Invalids, and Social Affairs or the provincial People’s Committee, a minimum of 30 days prior to the prospective employment commencement date of foreign workers.

The required documents include:

1. Letter of registration for labor demand, which can be:

• Form 01/PLI – Explanatory letter issued with Decree 152/2020/ND-CP for first-time registration and approval of employing foreign workers
• Form 02/PLI – Explanatory letter issued with Decree 152/2020/ND-CP for employers with previous approval to employ foreign workers but have changes in labor demand

        2.  Certified true copy of the Business Registration Certificate of the sponsoring entity.

        3. Introduction letter/authorization letter for the person submitting the documents on behalf of the company.

         The documents should be submitted to the Ministry of Labor, War Invalids, and Social Affairs or the provincial People’s Committee, depending on the location where the foreign worker will be employed.

         The processing time for approval is 10 working days.

Step 2: Preparing the Work Permit Application Documents

While awaiting the approval from Step 1, both the foreign employee and the employer should gear up to collate the following documents:

1. Form 11/PLI – a request letter for issuing the work permit to the foreign employee
2. A consular-legalized health certificate (translated into Vietnamese) if issued abroad, or the original health examination certificate from a qualified hospital or clinic in Vietnam, as per the Ministry of Health regulations (validity within the last 12 months).
3. A consular-legalized criminal record check (translated into Vietnamese) if conducted abroad, or the original record issued in Vietnam, provided it’s been issued within the last 6 months.
4. A certified true copy of the foreign employee’s passport including the information page and all blank page
5. Documentation demonstrating the foreign worker’s qualifications such as a manager, executive director, expert, technical worker, or teacher. This could be a university degree or confirmation of at least 3 years of work experience abroad, etc. These documents must be consular-legalized and translated into Vietnamese.
6. Two color 4×6 photographs, on a white background, and without glasses.
7. Relevant documents related to the foreign employee, such as appointment decision from the parent company, labor contract, company’s articles of incorporation, etc.

Once the employer receives the approval notice for the foreign worker’s employment position from Step 1, they must include the original copy of this document or a certified true copy in the work permit application.

Step 3: Lodging the Work Permit Application

The application for the work permit should be presented to either the Ministry of Labor, War Invalids and Social Affairs or the provincial Department of Labor, War Invalids and Social Affairs, at least 15 days before the anticipated work commencement date.

Step 4: Collecting the Work Permit

Within the aforementioned 5 working days, the Ministry of Labor, War Invalids and Social Affairs or the Department of Labor, War Invalids and Social Affairs will issue the work permit for the foreign employee, utilizing form 12/PLI as outlined in Decree 152/2020/ND-CP. If the work permit application is denied, the Ministry or Department will provide a written explanation detailing the reasons for the refusal.

Validity and Renewal of Vietnam Work permit

As stated in Decree No. 152/2020/ND-CP, a work permit in Vietnam is initially valid for up to 02 years. It can be extended once for an additional 02 years through the Vietnam work permit extension procedure. Upon the expiration of the extended work permit, the employer must follow the same procedure to obtain a new work permit if they intend to continue employing the foreign employee.

Getting into the detail of the Vietnam Work Visa

A Vietnam work visa, in a nutshell, is your golden ticket into the country. But it’s not just any ticket; it’s one specifically designed for those who’ve bagged a job in Vietnam. This visa grants you permission to enter and stay in the country for a stipulated duration.

Type of Vietnam work visa

According to the regulations of the Law on Entry, Exit, Transit, and Residence of Foreigners in Vietnam, there are two main types of work visas:

• LĐ1: Issued to foreign nationals working in Vietnam who are confirmed not to require a work permit, except in cases where international treaties that Vietnam is a member of have different provisions.
• LĐ2: Issued to foreign nationals working in Vietnam who are required to have a work permit.

Legal Basis for the Vietnam Work Visa

• Law No. 47/2014/QH13, which outlines the entry, exit, transit, and residency of foreigners in Vietnam.
• Law No. 51/2019/QH14, which amends and supplements several articles of Law No. 47/2014/QH13.
• Decree No. 75/2020/ND-CP, detailing some articles of the Law amending and supplementing certain articles of the Law on Entry, Exit, Transit, and Residence of Foreigners in Vietnam

Eligibility Criteria for Vietnam Work Visas

To qualify for a work visa in Vietnam, you must fulfill certain criteria, which include:

1. Possession of a Valid Work Permit or certificate of work permit exemptions issued by the Labor, War Invalids and Social Affairs Department (DOLISA)
2. Employer Sponsorship: Your sponsoring employer plays a crucial role in facilitating the work visa application process.

Application Process for Vietnam Work Visas

Here’s an overview of the application process for Vietnam work visas:

Step 1: Register an electronic identification account

As part of the e-government initiative, many services are now online. For ease of execution of these online procedures, businesses must have an electronic identification account on the National Public Services Portal.

To register an electronic identification account, businesses prepare relevant documents, including:

1. Forms NA16 and NA19,
2. Notarized copy of the Business Registration Certificate,
3. Letter authorizing the signatory, and
4. Digital Signature Token Key.

The entire registration process is online at https://dichvucong.gov.vn. Note that a USB digital signature is required for the process.

Step 2: Submit the required documents for entry work visa approval letter

After the Step 1 is available, the employer is able to submit work visa application via https://dichvucong.gov.vn

The required documents for this step include:

1. Scanned copy of the foreign employee’s passport.
2. Certified true copy of the work permit.
3. Form NA2.
4. Certified true copy of the sponsor company’s business registratio.
5. Any additional documents as per specific requirements.

Step 3: Collection of Work Visa Letter

The processing time for this step is typically around 5-7 working days from the receipt of all the necessary documents by the Vietnam Immigration Department.

Upon approval, the Vietnam Immigration Department will issue the entry work visa approval letter to the sponsoring company and send a letter via fax to the registered office of the Vietnam embassy or Consulate, enabling employee to obtain the necessary work visa stamp.

Step 4: Notify the Foreign Worker

The company will notify the foreign employer and send the scanned copy of work via approval via email to them

Step 5: Visa Collection and Fee Payment

The foreign worker will submit the following documents to the Vietnam embassy/consulate in their home country:

• NA1 Vietnamese Visa Application form with attached 3x4cm photo
• Valid original passport
• Copy of the visa letter issued by Vietnam’s Immigration Department or Office

Upon submission, the foreign worker will pay the visa fee applied by the embassy/consulate to receive the work visa stamp on their passport.

Validity and Renewal of Vietnam Work Visas

• The duration of a work visa will depend on the duration of the work permit, but a maximum validity of 1 year.
• The visa duration must be shorter than the validity of the passport or travel document by at least 30 days.
• If a work permit is issued for a duration of 1 year or more, the foreign employee can extend their work visa in Vietnam for the same duration as the work permit
• Alternatively, they can choose to apply for a Temporary Residence Card, which allows them to reside in Vietnam for an extended period.

Is the Vietnam Work Visa the Same as a Work Permit?

Now, back to our original question – is the Vietnam work visa the same as a work permit? To cut through the fog, the work visa is your pass into Vietnam, while the work permit is your license to work within the country. Both are critical for legal employment in Vietnam, but each carries a distinct role in the overall process.

FAQs

1. Can I start working with just a Vietnam work visa?

Nope, you’ll need both the work visa for entry into the country and a work permit to be legally employed.

2. How long does a Vietnam work permit last?

A Vietnam work permit typically lasts up to two years. But remember, you’ll need to renew it to continue working after this period.

3. Is the Vietnam work visa the same as a work permit?

No, they serve two different purposes. While the work visa allows entry and stay in Vietnam, the work permit provides the legal rights to work in the country.

Ensuring Compliance and Overcoming Challenges

• For foreign entities in Vietnam and HR managers, the well-being and success of foreign employees are of paramount importance. To ensure a seamless and legally compliant experience for your foreign employees, we recommend:
• Seeking Expert Guidance: Reach out to our team of experienced legal and immigration professionals who specialize in work permits and work visas. Let us assist you with personalized advice and support tailored to your specific needs.
• Stay Informed: As immigration laws can change, it is essential to stay updated with the latest developments and amendments. We are here to keep you informed and ensure your company and foreign employees remain compliant with the ever-evolving regulations.
• Timely Action: Encourage your foreign employees to start the application process early and provide them with the necessary resources and assistance. Timely action will help prevent any unnecessary delays and ensure a smooth transition to working in Vietnam.

 

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