Work Permit Process in Vietnam (For Foreign Investors)
1. Cases where work permit procedures must be carried out in Vietnam:
Foreign workers who want to work in Vietnam do not fall into special cases.
Special cases include:
– Be the Head of a representative office, project or be primarily responsible for the activities of an international organization or foreign non-governmental organization in Vietnam.
– Enter Vietnam for less than 03 months to offer services.
– Entering Vietnam for a period of less than 03 months to handle problems, complex technical and technological situations that arise that affect or threaten to affect production and business that Vietnamese experts and Foreigners currently in Vietnam cannot handle it.
– Be a foreign lawyer who has been granted a License to practice law in Vietnam according to the provisions of the Law on Lawyers.
– In cases under the provisions of international treaties to which the Socialist Republic of Vietnam is a member.
– Foreigners marry Vietnamese people and live in Vietnamese territory.
– Be an owner or capital contributing member of a limited liability company with capital contribution value of 3 billion VND or more.
– Be the Chairman of the Board of Directors or member of the Board of Directors of a joint stock company with capital contribution value of 3 billion VND or more.
– Moving within an enterprise within the scope of 11 service sectors in Vietnam’s service commitment schedule with the World Trade Organization, including: business, information, construction, distribution, education, environment education, finance, healthcare, tourism, culture, entertainment and transportation.
– Entering Vietnam to provide professional and technical consulting services or perform other tasks serving research, development, appraisal, monitoring, evaluation, management and program implementation, The project uses official development assistance (ODA) according to regulations or agreements in international treaties on ODA signed between competent agencies of Vietnam and foreign countries.
– Licensed by the Ministry of Foreign Affairs to operate information and press activities in Vietnam according to the provisions of law.
– Be sent to Vietnam by a competent foreign agency or organization to teach and research at an international school under the management of a foreign diplomatic representative agency or the United Nations; establishments and organizations established under agreements that Vietnam has signed and participated in.
Volunteers.
– Enter Vietnam to work as a manager, executive director, expert or technical worker with a working period of less than 30 days and no more than 03 times in 01 year.
– Enter Vietnam to implement international agreements signed by agencies and organizations at the central and provincial levels according to the provisions of law.
– Pupils and students studying at schools and training facilities abroad have internship agreements with agencies, organizations and businesses in Vietnam; interns and trainees on Vietnamese ships.
– Relatives of members of foreign representative agencies in Vietnam.
Have an official passport to work for state agencies, political organizations, or socio-political organizations.
– The person responsible for establishing a commercial presence.
– Certified by the Ministry of Education and Training for foreign workers entering Vietnam to teach and research; Work as a manager, executive director, principal, or vice principal of an educational institution proposed to be established by a foreign diplomatic mission or intergovernmental organization in Vietnam.
2. Required documents:
Health certificate valid for 12 months, from the date of signing the health conclusion to the date of application submission.
Foreign or Vietnamese criminal record cards issued no more than 06 months from the date of issuance to the date of application submission.
Documents proving that you are a manager, executive director, expert, technical worker as follows:
– Documents proving that you are a manager or executive director include the following 3 types of documents: (1) Company charter; (2) Business registration certificate; (3) Resolution or Decision to appoint managers and executive directors.
– Documents proving expertise and technical labor include the following two types of documents: (1) Diploma or certificate or certificate; (2) Written confirmation from an agency, organization, or enterprise abroad regarding the number of years of experience of the expert, technical worker, or work permit that has been issued or confirmed that it is not subject to a work permit.
– Color photo (size 4 cm x 6 cm, white background, straight face, bare head, no colored glasses), taken no more than 6 months before the date of application.
– Document approving the need to use foreign workers, except in cases where the need to use foreign workers is not required.
– The employer’s passport is still valid according to the provisions of law.
– Depending on specific cases, additional documents may be required.
Note: If it is a Vietnamese document: original or certified copy; If the document is foreign, it must be consular legalized, translated into Vietnamese and notarized.
3. Implementation time:
05 to 20 working days (depending on the foreign worker’s application conditions).
4. Licensing agency:
Department of Labor, War Invalids and Social Affairs.
Procedure for Issuing Temporary Residence Card in Vietnam (For Foreign Investors)
1. Cases where procedures for granting a Temporary Residence Card must be carried out
Foreigners entering the country with visas with symbols LV1, LV2, LS, DT1, DT2, DT3, NN1, NN2, DH, PV1, LD1, LD2, TT. In there:
– DT1 – Issued to foreign investors in Vietnam and representatives of foreign organizations investing in Vietnam with contributed capital worth VND 100 billion or more or investing in industries, occupations with investment incentives, and localities. Investment incentives table decided by the Government.
– DT2 – Issued to foreign investors in Vietnam and representatives of foreign organizations investing in Vietnam with capital contribution worth from 50 billion VND to under 100 billion VND or investing in industries and professions that encourage investment Development investment is decided by the Government.
– DT3 – Issued to foreign investors in Vietnam and representatives of foreign organizations investing in Vietnam with contributed capital worth from 03 billion VND to less than 50 billion VND.
– LD1 – Issued to foreigners working in Vietnam with confirmation that they are not subject to a work permit, unless an international treaty to which Vietnam is a member has other provisions.
– LD2 – Issued to foreigners working in Vietnam who are required to have a work permit.
– TT – Issued to foreigners who are spouses, children under 18 years old of foreigners who are granted visas with symbols LV1, LV2, LS, DT1, DT2, DT3, NN1, NN2, DH, PV1, LD1, LD2 or Foreigners are fathers, mothers, wives, husbands, and children of Vietnamese citizens.
2. Required documents:
Passport;
Confirmation of temporary residence registration at Commune/Ward Police;
Investment certificate/notification of approval for capital contribution, share purchase, capital contribution purchase at Vietnamese Enterprise: If subject to DT1, DT2, DT3.
Work permit and Certificate of business registration where foreign workers are employed: If subject to LD2;
Marriage registration certificate/birth certificate: If subject to TT.
Other documents depend on each specific case.
Note: If it is a Vietnamese document: original or certified copy; If the document is foreign, it must be consular legalized, translated into Vietnamese and notarized.
3. Implementation time:
05 to 07 working days from the date of receipt of complete and valid documents.
4. Licensing agency:
Immigration management agency where the inviting or sponsoring agency or organization is headquartered or where the inviting or sponsoring individual resides;
