Work Permits, Visa And Temporary Resident Cards

The issuance of work permits is applied to foreigners working in Vietnam, including the following subjects who:

a) performing employment contracts;

b) performing intra-company transfer program;

c) performing contracts or agreements on business, trade, finance, banking, insurance, science and technology, culture, sports, education, vocational training and health;

d) providing services under contracts;

dd) offering services;

e) working for foreign non-governmental organizations or international organizations in Vietnam that have been granted with operating licenses in accordance with the Vietnam law;

g) working as volunteers;

h) taking charge of establishing the commercial presence;

i) working as managers, executives, experts, technical workers;

k) performing packages or projects in Vietnam; or

l) accompanying members of foreign representative bodies in Vietnam who are authorized to work in Vietnam under an international treaty to which the Socialist Republic of Vietnam is a signatory as their relatives.

Pursuant to Article 7, Decree 152/2020/NĐ-CP:

Without regard to the cases in clauses 3, 4, 5, 6, 7 and 8 Article 154 of the Labor Code, a foreign worker is exempt from a work permit if:

1. He/she is the owner or capital contributor of a limited liability company with a capital contribution value of at least 3 billion dong.

2. He/she is the Chairperson or a member of the Board of Directors of a joint-stock company with a capital contribution value of at least 3 billion dong. <0}

3. He/she is an intra-company transferee within 11 sectors in the schedule of commitments in services between Vietnam and WTO, including: business services, communication services, construction services, distribution services, educational services, environmental services, financial services, health services, tourism services, recreational and cultural services, and transport services.

4. He/she enters Vietnam to provide professional and engineering consulting services or perform other tasks intended for research, formulation, appraisal, supervision, evaluation, management and execution of programs and projects using official development assistance (ODA) in accordance with regulations or agreement in international treaties on ODA signed between the competent authorities of Vietnam and foreign countries.

5. He/she is granted a communication and journalism practicing certificate in Vietnam by the Ministry of Foreign Affairs as per the law.

6. He/she is sent by a foreign competent authority or organization to Vietnam to teach and study at an international school under management of a foreign diplomatic mission or the United Nations; or of a facility established under an agreement to which Vietnam is a signatory.

7. He/she is a volunteer as specified in clause 2 Article 3 of this Decree.

8. He/she enters Vietnam to hold the position of a manager, executive, expert or technical worker for a period of work of less than 30 days and up to 3 times a year.

9. He/she enters Vietnam to implement an international agreement to which a central or provincial authority is a signatory as per the law

10. He/she is a student studying at a foreign school or training institution which has a probation agreement with an agency, organization or enterprise in Vietnam; or a probationer or apprentice on a Vietnam sea-going ship.

11. He/she is a relative of a member of foreign representative body in Vietnam as specified in point l clause 1 Article 2 hereof.

12. He/she obtains an official passport to work for a regulatory agency, political organization, or socio-political organization.

13. He/she takes charge of establishing a commercial presence.

14. He/she is certified by the Ministry of Education and Training as a foreign worker entering Vietnam for teaching and research purpose.

Pursuant to Law No. 47/2014/QH13:

Temporary resident card is a document issued by an immigration authority or a competent authority of the Ministry of Foreign Affairs to a foreigner who is permitted to reside in Vietnam for a certain period of time. This card has the same validity as a visa.

Pursuant to Clause 14, Article 1, Law No. 51/2019/QH14 amending Article 36 of the Law on Entry, Exit, Transit and Residence of foreigners in Vietnam No. 47/2014/QH13:

Cases of issuance of temporary resident cards include:

a) Foreigners who are members of diplomatic missions, consular missions, representative offices of international organizations affiliated to United Nation, intergovernmental organizations in Vietnam and spouses, children under 18 years of age and helpers accompanying on missions;

b) Foreigners making entry on LV1, LV2, LS, DT1, DT2, DT3, NN1, NN2, DH, PV1, LD1, LD2 and TT visas.

Temporary resident cards shall be granted symbols as follows:

a) Temporary resident cards for individuals specified in Point a Clause 1 of this Article shall be granted NG3;

b) Temporary resident cards for individuals specified in Point b Clause 1 of this Article shall be granted symbols similar to visa symbols.”

Pursuant to Clause 16, Article 1, Law on 51/2019/QH14 amending Article 38 of the Law on Entry, Exit, Transit, Residence of foreigners in Vietnam No. 47/2014/QH13:

1. Validity of issued temporary resident cards shall be at least 30 days shorter than remaining validity of passports.

2. Validity of DT1 temporary residence cards does not exceed 10 years.

3. Validity of NG3, LV1, LV2, LS, DT2 and DH temporary residence cards do not exceed 5 years.

4. Validity of NN1, NN2, DT3 and TT temporary residence cards do not exceed 3 years.

5. Validity of LD1, LD2 and PV1 temporary residence cards do not exceed 2 years.

6. An expired temporary resident card shall be considered for issuance anew.

According to the current law, foreign employees working in Vietnam without work permits (except for the cases where the foreigners are not allowed to obtain work permits as stipulated in Article 7, Decree 152/2020/NĐ-CP), will receive administrative penalties along side with the enterprises hiring the foreign employees.

Pursuant to Article 31, Decree No. 28/2020/NĐ-CP dated 01/03/2020 stipulating administrative penalties for violations arising from labor, social, insurance and sending Vietnamese workers abroad under contracts (Decree No. 95/2013/NĐ-CP and Decree No. 88/2015/NĐ-CP expired since 15/04/2020).

1. Fines ranging from VND 1,000,000 to VND 3,000,000 shall be imposed on any employer that commits one of the following violations:

a) Failing to send or including incorrect contents and time limits in review reports on foreign workers at the request of state regulatory authorities in charge of labor affairs;

b) Failing to send copies of the signed labor contracts to work permit-issuing bodies in case foreign workers work under labor contracts.

2. Fines ranging from VND 5,000,000 to VND 10,000,000 per a worker, but not exceeding VND 75,000,000, shall be imposed upon any employer that commits any act of hiring foreign workers in a way in breach of information shown in their work permits or written confirmations of their exemption from work permit requirements.

3. Fines ranging from VND 15,000,000 to VND 25,000,000 shall be imposed on any foreign worker in Vietnam that commits one of the following violations:

a) Accepting job offers without holding work permits or without written confirmations of their exemption from work permit requirements as required by law;

b) Using work permits or written confirmations of their exemption from work permit requirements that have already become null and void.

4. Fines shall be imposed on any employer that employs foreign workers to work in Vietnam without work permits or written confirmations of their exemption from work permit requirements, or employs foreign workers holding expired work permits or written confirmations of exemption from work permit requirements already null or void at one of the following rates:

a) Fines ranging from VND 30,000,000 to VND 45,000,000 to be imposed if the violation involves 01 – 10 workers;

b) Fines ranging from VND 45,000,000 to VND 60,000,000 to be imposed if the violation involves 11 – 20 workers;

c) Fines ranging from VND 60,000,000 to VND 75,000,000 to be imposed if the violation involves 21 or more workers.

5. Supplemental penalties

Deporting any foreign worker without work permits or written confirmations of exemption from work permit requirements that commits the violations specified in clause 3 of this Article while working in Vietnam.