Vietnam Visa Guide

As many expats in Vietnam have experienced, the Government recently became firmer with the applications and extensions of business visas. In fact, foreigners in Vietnam have been required to a have a work permit and a business visa for quite some time, but before it has not been enforced and most expats in Vietnam have been using business visas only. It seems like the reason to the sudden change is a problem with illegal Chinese workers in Vietnam.

The best solution to the problem is to get a Vietnamese work permit, and luckily the rules for how to obtain a work permit has become a bit easier. Earlier you needed a university degree AND 5 years experience within your current field. As of now, you only need to have either University degree OR 5 years experience working within your field. For some fields you can also use a professional skills certificate, ex. accountant certificate.

So what do you need to get the work permit?

In order to get a work permit, an expat in Vietnam need to have 3 things:

1. Work contract.

2. Support to from your employer to get the work permit.

3. University degree, higher degree, professional skills certificate OR 5- year experiences working in the same major.

Paper work required to apply work permit

From employee:

1. Work permit application form (following a provided template)

2. Work permission application letter (following a provided template)

3. Criminal record: If you have stayed in Vietnam for more than 6 months, you will have to get the criminal record that is issued by the Judiciary Department of the city where you are living. In case you are not in Vietnam or you have stayed here for less than 6 months, you will have to get that criminal record from your Authority Government.

4. A copy of your certificate or degree. This can be: university degree, higher degree or a special professional skills certificate ex. accountant certificate.

In case you do not have a degree, but you have 5 years experience working within the same field, you will need to get a confirmation letter from your old employers or any paper work to prove that you have 5 years experiences within your field in Vietnam or another country. This paper work will then be translated into Vietnamese and certified by a Vietnamese Government agency to prove that this translated version has the same meaning as the original one and can be used legally in Vietnam.

5. Health check from the hospital. There is a list of hospitals that has the authority to give you a health check in Vietnam and only the hospitals on this list are qualified to prove your health for the work permit application. You will get this list with the first 2 templates for paper work; the Work permit application form and Work permission application form. In case, you are not in Vietnam, you can get a health check from any hospital in the country that you are staying. This health check is valid for 6 months.

6. Curriculum vitae with passport photo

7. 3 new passport photos.

From employer:

1. A valid labor contract.

2. The company license (copy certified by Government authority office)

3. Work permit application form

4. The approval from the Government to use foreign labor.

The 5 years of experience can be counted as total amount of years you have been working in your field. For example:

Mr.A does not have any degree. He started working in Japan from 2001 to 2004 as a web designer, in 2004, he left and traveled around the world. In 2005, he worked at General Manager’s assistant at a real estate company in America, he worked here until 2006. In 2007, he left this job and went to Thailand. He worked at a web agency as a web designer. He left this job in 2009 and come to Vietnam, here he wants to work for another web agency as web designer and he needs a work permit. So Mr.A will need to get confirmation that he used to work as web designer from the company in Japan (3 years experience) and the company in Thailand (2 years experience).

Any paper work that is not in Vietnamese, need to get translated by a Vietnamese Translation office and get stamped to certify the validity of the document. Any paper work that is in Vietnamese or not in Vietnamese, if they require a copied version you will have to get the copy certified by a Vietnamese Government agency.

Your passport photo will have to follow the standards of passport photos in Vietnam.

1.Do not wear anything in your hair.

2. No glasses or sun glasses,

3. The photo of your face must be from the absolute  front.

4. No smiling

5. Ears have to be visible

6. Wear a white shirt

7. The pictures size must be 3 x 4 cm.

8. The photo is valid for a year.

After you got all of these papers ready, you will send it to the Labour and Social Welfare Service of the province/city where you are working. They will have to inform if they approve your work permit application or any changes needed within 15 days.

Note: Tourist visas work as before and there is no problem to apply or extend 1 month tourist visas.

Source: Expat

Foreign nationals assigned to work in Vietnam are required to show a degree of proprietary knowledge, a special skill or a manager/executive-level skill not readily available in the domestic labor market of the country. You may convert from visitor status to work status while staying in Vietnam or as the work permit application is in process.

However, foreign nationals cannot begin work until the application is approved and considered legal. Foreign nationals who enter Vietnam for employment for a duration of three (3) months or more are required an MEBV (Multiple Entry Business Visa and Work Permit). The Work Permit application has to be sponsored by a company or entity registered and recognized in Vietnam. 20% of managers, executives and specialists of foreign companies with intra-company transferees from outside the country, according to Vietnamese law, should be composed of Vietnamese nationals.

The inclusion of managers and executives is described as:

•    Foreigners who directly control a foreign enterprise located in Vietnam

•    Foreigners subject to general guidance only by shareholders and the board of directors of the enterprise

•    Foreigners who do not participate directly in the provision of services

Specialists are described as foreign nationals with adequate experience in management, business administration, or product development. They should also be highly qualified or experienced in research, equipment management and technical knowledge.

To obtain a Work Permit in Vietnam, applicants should satisfy the following requirements:

•    Be at least 18 years of age

•    Health in good condition to satisfy the specific demands and requirements of the job

•    Free of any criminal record or a national security offence, not currently facing criminal prosecution, or not serving a criminal sentence during assignment.

•    Must be a specialist, manager, or executive.

Some foreign nationals are exempt from getting the Work Permit and can work in Vietnam holding only business visas. These individuals are:

•    Foreigners entering Vietnam to work for less than three (3) months or to resolve emergency cases are exempt. Emergency cases are described as complex technical or technological incidents that affect or threaten to affect business activities and production to the  gravity cannot be managed adequately by Vietnam-based personnel. Foreign employees are required to submit their full name, passport number, nationality, job description and an employment contract copy indicating a period of no more than ninety (90) days to the Labor Department

•    Members of a limited liability company having two or more members

•    Members of the board of directors of a shareholding company

•    Owners of a single-member limited liability company

•    Employees that promote and market services belonging to foreign service suppliers

•    Vietnam’s Ministry of Justice-certified practicing lawyers

Employees of foreign-based contractors and heads of foreign representative and branch offices were recently required the Work Permit. The Work Permit validity period lasts depending on the duration of assignment indicated in the employment contract, but no more than three (3) years. Renewals are also dependent on the employment contract, with a maximum of three (3) years for every renewal. Individuals can renew up to a maximum of three (3) times.

Source: Expat forum