Under Vietnamese laws, visas and work permits serve distinct purposes. Visas allow entry and temporary residence, while work permits authorize employment. A temporary residence card (“TRC”) may be obtained in lieu of a visa, facilitating extended stays. To live and work legally in Vietnam, a foreign worker must have both a work permit (“WP”) and a visa (or a TRC).
Work Permit
Foreign workers intending to work in Vietnam must generally obtain a work permit before commencing employment. A work permit is a document issued by Vietnam authorities, allowing foreign nationals to be employed in Vietnam, provided the employer and employee meet the legal requirements. A work permit is valid for a maximum of 2 years and can be renewed once.
Therefore, the work permit is essential to both the foreign employee and the employer.
Eligibility requirements for foreign workers
The foreign worker must be at least 18 years old, professionally qualified, skilled, in good health, and have no criminal record. Additional criteria vary depending on the specific role and qualifications. Key categories include managers, executives, experts, and technical workers, as outlined below:
- Managers: The name of the foreign employee must usually be visible on the company’s business license or relevant documents (e.g., charter, appointment letter).
- Experts: (i) University degree, and (ii) have at least 3 years of work experience suitable for the job position.
Procedure of WP application
According to current regulations, the work permit application process usually takes from 5 to 7 weeks. However, the actual timeline might be longer due to the time required for document preparation, coordination with authorities, legalization/notarization/translation of documents, and other administrative steps.
Here is the procedure for reference:
- Step 1: Job Recruitment Notice via the official website of the Employment Services Center. Before a Vietnamese company can hire foreign workers, it must publicly advertise the position to Vietnamese candidates first.
- Step 2: Approval Letter on hiring foreign employees. After submitting a report on the employer’s need for foreign workers, the company must wait up to 10 working days for the authority to review the application and, if approved, issue an approval letter.
- Step 3: Work Permit application: The Work Permit is issued within five (05) working days from the date of submission.
Required documentation
| Documentation to be prepared by the employer | Documentation prepared by the employee |
| Business license(s) such as Enterprise Registration Certificate (“ERC”), Office Establishment Certificate, etc. Job description Registered online account at the Employment Services Center. | Health Check (original if issued in Vietnam, or consular legalized and translated if otherwise) Criminal Record (original if issued in Vietnam, or consular legalized and translated if otherwise) CV Passport (certified copies) Two portrait photos (size 4×6 cm) Relevant degree and certificate Confirmation Letter of Work Experience |
Work permit exemption (“WPE”)
There are 20 cases in which foreign workers can apply for a Certificate of Exemption from Work Permit instead of a Work Permit:
- 03 specific cases require an Approval Letter before the application for WPE can be submitted;
- 11 cases do not require an Approval Letter, but the application must be filed at least 10 days prior to the date of starting work;
- 06 cases only require sending a Notice at least 3 working days prior to the date of starting work.
Visas
Types of visas for foreign workers and their purposes
Vietnam has recently introduced notable policy changes to attract more visitors, with updated visas and immigration procedures aimed at enhancing accessibility. In particular, visa exemptions have been extended to citizens of several countries, making it easier for tourists, businesspeople, and others to enter Vietnam.
Various visa types are now available, including:
- eVisa for tourism, business, work, and family visits
- Business visa for individuals conducting business activities
- Work visa, which is issued after obtaining a work permit
- Dependent visa, for accompanying family members
Other categories include:
- Investment visa for investors
- Lawyer visa for foreign lawyers holding a valid Practice License in Vietnam
- Visa exemption for overseas Vietnamese
The specific visa type required depends on the purpose of the individual’s stay in Vietnam.
Linking a visa and a work permit
For employment purposes in Vietnam, the visa duration is typically linked to the work permit’s validity.
Foreign workers commonly enter Vietnam on a short-term visa to complete their work permit application process. Once the WP is issued, they may apply for an extended visa that aligns with the WP duration or for a temporary residence card, as outlined below.
How to apply for a visa
Visa durations in Vietnam range from 30 days to 5 years, depending on the visa type.
In line with current digital and global trends, most visa applications can be submitted and processed online. However, in some cases, original documents must be presented for verification by immigration authorities. Therefore, careful preparation is essential.
Visa applications submitted to the Immigration Department in Hanoi or Ho Chi Minh City are typically processed within five working days.
Common pitfalls to avoid
A prevalent error among applicants is the submission of applications for an inappropriate visa type. While entry into Vietnam may still be permitted, it is important to note that not all visa types are eligible for extension or conversion. Consequently, individuals wishing to extend/convert their stay may be required to leave the country and reapply for a new visa.
Another common oversight is failing to monitor the visa expiration dates. Such oversight can result in overstay penalties and potential legal consequences.
Additionally, providing inaccurate or incomplete information during the visa application process is a recurring issue. Errors such as misspelled names, incorrect dates of birth, or mismatched passport numbers often require a new application to be submitted.
Temporary Residence Card
What is TRC? Purpose and benefits of holding a TRC
A TRC is a document issued by the Immigration Authority or a designated agency under the Ministry of Foreign Affairs, allowing foreigners to reside in Vietnam for a specific period. It serves as a substitute for a visa.
A TRC is only issued to applicants who are physically present in Vietnam and have entered the country on a valid visa (e.g., working visa, business visa). It is important to note that entry under a visa exemption is not eligible for TRC conversion.
The validity of a TRC is based on the purpose of entry and the request of the sponsoring company, organization, or individual. A TRC is valid for 1 to 5 years, but it must expire at least 30 days before the passport’s expiration date.
The primary purpose of a TRC is to enable long-term residence in Vietnam. It offers several benefits, including simplified domestic travel, the ability to sponsor spouses and children, and access to certain administrative services such as opening bank accounts and registering vehicles.
For employment purposes, the TRC provides a more stable and secure legal status throughout the foreign worker’s period of employment.
TRC application process
Required documents
- Application Form;
- Notarized copy of Enterprise Registration Certificate (ERC);
- Original confirmation letter of temporary residence issued by the ward police;
- Two portrait photos (size 2×3 cm);
- Original passport; Documents proving eligibility.
Timeline: 05 working days
Authority: Immigration Department or Immigration Management Office of the Provincial or Central City Police
The TRC will be issued with a validity period not exceeding the duration specified in the work permit, Law Practice Registration Certificate, or Investment Certificate, as applicable.
Conclusion
Employers and foreign workers in Vietnam often face challenges with the procedures outlined above. Therefore, our experts can assist in verifying the required documents and types of permits, helping to ensure timely processing and results.
Our team of legal and tax specialists is available to provide expert guidance in navigating complex regulations, ensuring compliance, and preventing delays that could affect your business operations.
