Navigating the immigration landscape is a crucial step for companies looking to employ foreign nationals in Vietnam. The country has established a clear framework governing the entry, stay, and employment of non-citizens, primarily managed through a system of visas and work permits. Understanding these regulations is essential for ensuring compliance and facilitating a smooth onboarding process for international talent.
Foreign individuals intending to work in Vietnam typically require both a valid visa allowing entry and stay for work purposes, and a work permit issued by the Vietnamese authorities. The process involves satisfying specific eligibility criteria, preparing extensive documentation, and adhering to application procedures that often require sponsorship from the employing entity in Vietnam.
Common Visa Types for Foreign Workers
Several visa types permit foreign nationals to enter Vietnam, but only specific categories are suitable for individuals intending to work. The most common visa associated with employment is the LĐ visa, specifically designated for individuals coming to work. Other relevant types might include DN (Business) visas or DT (Investor) visas, depending on the individual's role and the nature of their engagement with a Vietnamese entity.
| Visa Type | Purpose | Typical Duration | Requirements |
|---|---|---|---|
| LĐ | Labor/Work | Up to 12 months | Requires a valid work permit or work permit exemption. Sponsored by employer. |
| DN | Business | Up to 12 months | For individuals working with Vietnamese enterprises. Can sometimes be converted or used in conjunction with work permit application. |
| DT | Investor | Up to 5 years | For foreign investors in Vietnam. Duration depends on investment capital. May allow work depending on role. |
It is important to note that holding a visa alone does not grant the right to work; a separate work permit is generally required for most employment situations.
Work Permit Application Requirements and Procedures
A work permit is the primary document authorizing a foreign national to work legally in Vietnam. The application process is typically initiated and sponsored by the employing entity in Vietnam.
Eligibility Criteria
To be eligible for a work permit, foreign nationals must generally meet specific criteria related to their qualifications and experience. Common categories include:
- Experts: Individuals with a university degree or equivalent and at least three years of experience in their specialized field, or those with at least five years of experience and a practicing certificate relevant to the job.
- Technical Workers: Individuals trained for at least one year in a technical field and having at least three years of experience in their specialized field, or those with at least five years of experience suitable for the job.
- Managers or Executive Directors: Individuals involved in the management or operation of an enterprise.
Additionally, applicants must be at least 18 years old, in good health, and have no criminal record or be subject to criminal prosecution according to Vietnamese or foreign law.
Required Documentation
The documentation required for a work permit application is extensive and must often be legalized and translated. Key documents typically include:
- Application form for a work permit.
- Health check certificate issued within the last 12 months.
- Criminal record certificate issued within the last 6 months from the applicant's home country and/or Vietnam.
- Certified copies of degrees, diplomas, or certificates relevant to the job position.
- Confirmation of work experience (e.g., letters from previous employers).
- Passport copy.
- Photos.
- Appointment letter or labor contract draft.
- Business registration certificate of the employing entity.
- Approval letter from the relevant provincial Department of Labor, Invalids and Social Affairs (DoLISA) regarding the demand for foreign workers.
All foreign-issued documents must typically be consular legalized and translated into Vietnamese by a competent authority.
Application Procedure and Processing Times
The work permit application process involves several steps, primarily handled by the employer:
- Obtain Approval for Foreign Labor Demand: The employer must first submit a plan detailing the need for foreign workers to the provincial DoLISA at least 15 days before the expected start date.
- Prepare Documentation: Gather and prepare all required documents for the foreign employee.
- Submit Application: The employer submits the complete application dossier to the provincial DoLISA at least 15 working days before the foreign employee is expected to start work.
- Processing: DoLISA reviews the application.
- Issuance: If approved, the work permit is issued.
Typical processing time for a work permit application is around 5-10 working days after submission of a complete and valid dossier. However, this can vary depending on the specific DoLISA office and the complexity of the case. Fees for work permit applications are relatively low, typically ranging from VND 400,000 to VND 600,000, but this does not include costs for document legalization, translation, health checks, or criminal records.
Pathways to Permanent Residency
Permanent residency in Vietnam is a status granted to a limited number of foreign nationals who meet stringent criteria, distinct from the temporary residence cards typically held by foreign workers. Pathways are generally limited and may include:
- Individuals who have made significant contributions to the Vietnamese development and are granted PR by the government.
- Individuals who are spouses, children, or parents of Vietnamese citizens residing permanently in Vietnam.
- Individuals who have resided in Vietnam for a significant period (often 5 years or more) with a valid temporary residence card and meet other specific conditions related to stable income and accommodation.
The process is complex, requires approval from the Ministry of Public Security, and is not a standard progression from holding a work permit or temporary residence card.
Dependent Visa Options
Foreign nationals holding valid work permits or temporary residence cards in Vietnam may be eligible to sponsor their dependents to live with them. The common dependent visa type is the TT visa.
Eligibility for Dependents
Eligible dependents typically include:
- Spouse of the work permit/TRC holder.
- Unmarried children under 18 years old of the work permit/TRC holder.
Required Documentation for Dependents
Documentation for a dependent visa application usually includes:
- Application form.
- Passport copy of the dependent.
- Proof of relationship (e.g., marriage certificate, birth certificate) - must be legalized and translated.
- Passport copy and valid work permit/TRC copy of the sponsor (the foreign worker).
- Proof of the sponsor's stable income and accommodation in Vietnam.
Dependent visas (TT) are typically issued with a validity period that does not exceed the validity of the sponsor's work permit or temporary residence card.
Visa Compliance Obligations for Employers and Employees
Maintaining compliance with Vietnamese immigration and labor laws is crucial for both employers and foreign employees.
Employer Obligations
Employers sponsoring foreign workers have significant responsibilities, including:
- Ensoring the foreign national has a valid work permit or exemption before starting work.
- Applying for the necessary visa and temporary residence card for the employee.
- Registering the employee with the local police within 12 hours of arrival at their accommodation.
- Reporting changes in employment status or address to the authorities.
- Maintaining records of foreign employees' passports, visas, work permits, and labor contracts.
- Notifying authorities when a foreign employee's contract ends or they leave Vietnam.
- Complying with labor laws regarding contracts, wages, working hours, and social insurance contributions (where applicable).
Employee Obligations
Foreign employees also have obligations to ensure their legal status:
- Holding a valid passport, visa, and work permit/exemption.
- Complying with the terms and conditions of their visa and work permit.
- Not engaging in work activities outside the scope of their work permit or for an unauthorized employer.
- Registering their temporary residence with the local police.
- Notifying their employer of any changes to their personal information or immigration status.
- Adhering to Vietnamese laws and regulations.
Failure to comply with these obligations can result in penalties, including fines, deportation, and restrictions on future entry into Vietnam for the employee, and fines or operational disruptions for the employer. Proactive management and adherence to procedures are key to successful foreign worker engagement in Vietnam.
