From March 15, 2022, international visitors can apply for a visa at Vietnamese competent authorities, including at overseas Vietnamese representative missions. Lsx Lawfirm will give you an article about: “Vietnam entry and exit policy of foreigners”, as follows:
Legal grounds
The Labor Code 2019
Labor forms of foreign citizens working in Vietnam
Pursuant to Clause 1, Article 2 of Decree 152/2020/ND-CP, employees; who are foreign citizens come to work in Vietnam (hereinafter referred to as foreign workers in the following forms:
- Labor contract
- Move within the enterprise
- Then Perform various types of contracts or agreements on economic, commercial; financial, banking, insurance, scientific and technical, cultural, sports, educational, vocational and medical education
- Then Contract service provider; offering services; working for a foreign non-governmental organization or an international organization in Vietnam permitted to operate in accordance with the provisions of Vietnamese law; volunteers
- Then the person responsible for establishing a commercial presence
- Managers, executives, experts, technical workers; participate in the implementation of bidding packages and projects in Vietnam
- Then Relatives of members of foreign representative missions in Vietnam allowed to work in Vietnam; according to the provisions of international treaties to which the Socialist Republic of Vietnam is a signatory.
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In case the foreign worker is not eligible for a work permit in Vietnam
Apart from the cases specified in Clauses 3, 4, 5, 6, 7 and 8 Article 154 of the Labor Code, foreign workers in the following cases are not eligible for work permits:
- Then being the owner or capital contributing member of a limited liability company with a capital contribution value of VND 3 billion or more.
- Being the Chairman of the Board of Directors or a member of the Board of Directors of a joint-stock company with a capital contribution value of 3 billion VND or more.
- Then Internal movement of enterprises within 11 service industries in Vietnam’s service commitment schedule with the World Trade Organization, including: business, information, construction; distribution, education , environment, finance, health, tourism, culture, entertainment and transport.
- Entering Vietnam to provide professional and technical consulting services or perform other tasks in service of research, development; appraisal, monitoring, evaluation; management and implementation of the program Programs and projects using official development assistance (ODA) sources; according to regulations or agreements in international agreements on ODA signed between competent Vietnamese and foreign agencies.
In addition
- Then Granted a license to operate information and press by the Ministry of Foreign Affairs in Vietnam in accordance with law.
- Sent to Vietnam by a competent foreign agency or organization to teach and conduct research at an international school under the management of a foreign diplomatic mission or the United Nations; establishments and organizations established under agreements that Vietnam has signed or joined.
- Volunteers specified in Clause 2, Article 3 of Decree No. 152/2020/ND-CP.
- Entering 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 a year.
- Enter Vietnam to implement international agreements signed by central and provincial agencies and organizations in accordance with law.
- Then Pupils and students studying at overseas schools and training institutions that have agreements on internships in agencies; organizations and enterprises in Vietnam; Trainees and trainees on Vietnamese ships.
- Relatives of members of foreign representative missions in Vietnam specified at Point 1, Clause 1, Article 2 of Decree No. 152/2020/ND-CP.
- Having an official passport to work for state agencies, political organizations, socio-political organizations.
- Then Person responsible for establishing commercial presence.
- Being certified by the Ministry of Education and Training for foreign workers to enter Vietnam for teaching and research purposes.
The Ministry of Labor – Invalids and Social Affairs or the Department of Labor – Invalids and Social Affairs has the authority to certify that foreign workers are not eligible for work permits.
Vietnam entry and exit policy of foreigners
In March 2020, to cope with and prevent the COVID-19 epidemic, the Government decided to suspend the issuance of visas, visa exemption certificates, and temporarily suspend entry for foreigners, except for some exceptional cases such as exceptions. delivery, investors, experts, humanitarian…; impose mandatory concentrated quarantine on entry cases, including citizens and foreigners subject to exceptions.
From October 2021, following the success of the nationwide vaccination campaign, Vietnam has gradually transformed its anti-epidemic policy to safe adaptation and accelerated economic recovery. The government has gradually made adjustments to visa policy as well as health measures.
On March 15, based on the proposal of ministries and branches, the Government issued Resolution No. 32/NQ-CP and the Government Office issued Official Letter No. 1606/VPCP-QHQT on Vietnam’s immigration policy of foreigners applied from March 15.
The policy includes some of the following main contents:
Firstly, to restore visa procedures and procedures, visa exemption certificates according to the provisions of the Law on Entry, Exit, Transit and Residence of Foreigners 2014, amended and supplemented in 2019 and other regulations. Implementation guidelines.
Second, reinstate the application of bilateral visa exemption under international treaties with countries or on the principle of reciprocity.
Third, resumption of unilateral visa exemption policy for citizens of 13 Federal Republics of Germany, France, Republic of Italy, Kingdom of Spain, United Kingdom of Great Britain and Northern Ireland, Russian Federation, Japan, Republic of Korea, Kingdom of Denmark, Kingdom of Sweden, Kingdom of Norway, Republic of Finland and Republic of Belarus, the application period is until the end of March 14, 2025.
Thus, from March 15, international visitors can apply for a visa at Vietnamese competent agencies, including at overseas Vietnamese representations.
In addition to the above regulations, people on entry need to comply with Vietnam’s instructions and regulations on health at the time of entry. This content may be adjusted and supplemented based on the situation of COVID-19 epidemic in Vietnam.
Related questions
Intra-enterprise foreign workers are managers, executives, experts and technical workers of a foreign enterprise that has established a commercial presence in the Vietnamese territory, moves temporarily within the enterprise to have a commercial presence in the Vietnamese territory and have been employed by the foreign enterprise for at least 12 months before.
Experts are foreign workers in one of the following cases:
a) Having a written certification of being an expert of an overseas agency, organization or enterprise;
b) Possessing a university degree or higher or equivalent and having at least 03 years of working experience in a specialized field of training suitable to the job position in which the foreign worker is expected to work in Vietnam; special cases shall be considered and decided by the Prime Minister.
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