Some papers for foreign workers in Vietnam

by DungTran

Some papers for foreign workers in Vietnam. Visa, temporary residence card, work permit for foreign workers in Vietnam. Let us learn about this topic with LSX law firm as follow:

Foreign workers when entering Vietnam to work need to meet many conditions, especially the issue of residence to work for businesses in Vietnam. For businesses to better understand some papers for foreign workers in Vietnam, we refer to the following article:

1. Visa for foreign workers in Vietnam

a. Define of visa for foreign workers in Vietnam

Visa is a document; issued by a competent authority of Vietnam, allowing foreigners to enter Vietnam.

b. Grant conditions of visa for foreign workers in Vietnam

Firstly, have a passport or valid international travel documents.

Secondly, there are agencies, organizations and individuals in Vietnam to invite or guarantee, except for the case specified in Clause 3, Article 17 of the Law on entry, exit, transit and residence of foreigners in Vietnam 2014 .

Thirdly, not falling into the cases where entry is not allowed specified in Article 21 of the Law on entry; exit, transit and residence of foreigners in Vietnam 2014.

In the following cases, when applying for a visa, documents proving the purpose of entry needs:

Firstly, foreigners to invest must have papers proving their investment in Vietnam in accordance with the provisions of the Law on Investment;

Secondly, foreigners who practice law in Vietnam must have a license to practice law in accordance with the Law on Lawyers;

Moreover, foreigners who come to work must have a work permit in accordance with the provisions of the Labor Code;

Besides, doreigners entering to study must have a written receipt from the Vietnamese school or educational institution.

Note: With the above regulations, only when foreign workers have a work permit, they are eligible for a visa. 

c. Expiry date of visa for foreign workers in Vietnam

– DN visa (Issued to people entering and working with enterprises in Vietnam) is valid for no more than 12 months.

– LD visa (visa for foreigners entering Vietnam to work) is valid for no more than 02 years.

Visa validity is shorter than a passport or international travel documents by at least 30 days.

Note: 5 days before the visa expires, you must apply for an extension.

In addition, granting agencies

Immigration Administration

2. Temporary residence card for foreign workers in Vietnam

a. Define of temporary residence card for foreign workers in Vietnam

In general, temporary residence card is a document issued by an immigration management agency; or a competent agency of the Ministry of Foreign Affairs to a foreigner; who is allowed to reside in Vietnam for a definite time and is valid in lieu of a visa.

b. Grant conditions of temporary residence card for foreign workers in Vietnam

Firstly, foreigners who are members of diplomatic missions, consular offices; representative offices of international organizations of the United Nations, intergovernmental organizations in Vietnam, and their spouses and children under 18 years of age; the maid accompanying the term is granted a temporary residence card with the symbol NG3.

Secondly, foreigners granted visas with symbols LV1, LV2, DT, NN1, NN2, DH, PV1, LD; TT are considered for issuance of temporary residence cards with symbols similar to visa symbols.

Note:

In case the enterprise guarantees or carries out procedures for foreigners to enter Vietnam; apply for a visa, a temporary residence card, an extension of the temporary residence, entry papers; residing in Vietnam but failing to properly perform his/her responsibilities as prescribed by law or making false statements when making surety; Inviting or carrying out procedures for foreigners to enter, apply for a visa, grant a temporary residence card, extend temporary residence, and valid papers for entry, exit, and residence in Vietnam, a fine of from 15,000 shall be imposed. 000 VND to 25,000,000 VND. 

c. Expiry date of temporary residence card for foreign workers in Vietnam

A temporary residence card with the symbol LD is valid for no more than 2 years.

The temporary residence period may be canceled or shortened by the immigration authority in case foreigners violate Vietnamese law.

Notably:

– In case of using a temporary residence card in Vietnam 15 days; or less without permission from a competent authority; a fine of between VND 500,000 and VND 2,000,000 shall be imposed.

– In case of using a temporary residence card in Vietnam beyond the expiry date of 16 days; or more without the permission of a competent authority; a fine of between VND 3,000,000 and 5,000,000 shall be imposed.

d. Granting agencies

The immigration management agency where the inviting; or guaranteeing agency or organization is headquartered; or where the inviting or guarantor resides. 

3. Work Permit for foreign workers in Vietnam

a. Define

It is a condition for foreign workers to work legally in Vietnam.

b. Grant conditions

Firstly, having full civil act capacity as prescribed by law.

Secondly, having health suitable for the job requirements.

Thirdly, being a manager, executive director, expert, or technical worker.

Fourthly, not being a criminal or being examined for penal liability in accordance with Vietnamese and foreign laws.

Moreover, get the written approval of the competent state agency on the employment of foreign workers.

Besides, you can see more at the job: Applying for a work permit for foreign workers.

Notably, foreign workers working in Vietnam without a work permit or without a written confirmation that they are not eligible for a work permit will be expelled from Vietnam.

c. Expiry date

The term of a work permit is granted according to the term of one of the following cases but must not exceed 02 years:

1. The term of the labor contract expected to be signed;

2. The duration of the foreign party sending foreign workers to work in Vietnam;

3. The duration of the contract or agreement signed between the Vietnamese and foreign partners;

4. The duration of the contract or service provision agreement signed between the Vietnamese and foreign partners;

5. The time limit stated in the document of the service provider sending foreign workers into Vietnam to negotiate service provision;

6. The time limit has been specified in the certificate of the foreign non-governmental organization or international organization permitted to operate in accordance with the provisions of Vietnamese law;

Moreover, the time limit in the document of the service provider sending the foreign worker to Vietnam to establish the commercial presence of that service provider;

In addition, the time limit in the document proves that the foreign worker is allowed to participate in the operation of a foreign enterprise; that has established a commercial presence in Vietnam.

d. Granting agencies

Department of Labor – Invalids and Social Affairs where the foreign worker want to work. 

Finally, hope this article about Some papers for foreign workers in Vietnam is helpful for you!

If you have any questions; please contact Lawyer X for quick and best legal services: +84846175333 or email: hoangson@lsx.vn.

Related questions

What is a temporary residence card?


Temporary residence card is a document issued by the Vietnam immigration department or a competent authority  of the Ministry of Foreign Affairs. It allows foreigners to reside in Vietnam for a definite time and is valid in lieu of a visa.

Where to apply for a work permit?

The place to apply is the Ministry of Labor, War Invalids, and Social Affairs; or the People’s Committee of the province or centrally run city where the foreigner will work.

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