Vietnam’s immigration and entry procedures are governed by the Law on Entry, Exit, Transit, and Residence of Foreigners in Vietnam (the Immigration Law). Vietnam’s visa and work permit procedures may be confusing for first-time visitors. We explain the steps and what foreigners should pay attention to when planning a long-term visit.
How to get a Vietnam visa?
To enter Vietnam, a foreigner needs a visa issued by the Vietnamese Embassy or Consulate. A Vietnamese visa can be granted while in a third country or from within Vietnam.
Citizens of the following countries can receive a free entry visa to Vietnam for the duration listed below:
- ASEAN countries: from 14 to 30 days;
- Chile and Panama: 90 days; and
- Belarus, Denmark, Finland, France, Germany, Italy, Japan, Norway, South Korea, Spain, Sweden, and the UK (British citizens only): 45 days (the gap of at least 30 days between two visa-free entries has been removed as per the new immigration law).
People of all nationalities can enter Vietnam on a single-entry visa for a duration of up to 90 days, using Vietnam’s new e-visa application system. Immigration Law has prescribed three working days for the processing time for an e-visa after completing registration and fee payment.
However, the processing time may vary depending on the number of applications. Therefore, applicants are strongly advised to submit their applications 2 weeks prior to arrival in Vietnam.
Types of visas for entry to Vietnam
To work in Vietnam and remain for an extended period, foreigners are required to apply for longer-term visas, such as a three-month single or multiple entry visa. Foreigners entering on business visas must collect the business visa at a Vietnamese embassy or consulate – this type of visa must be sponsored by the employer.
Relevant visa types include:
Visa type conversion
The Immigration Law currently allows the conversion of one type of visa to another type or purpose, without having to leave Vietnam. Expatriates can be eligible to change their visa type if they entered Vietnam under the following visa types and meet the following criteria:
- Investors and representatives of a foreign organization investing in Vietnam;
- Dependents of Vietnamese citizens; and
- Being invited or guaranteed by agencies or organizations and having a work permit or work permit exemption certificate.
Following a visa application conversion, a new visa will be granted.
Work permit procedures and requirements
A Vietnamese entity can recruit foreign workers to work as managers, executive directors, and experts where local hires are not yet able to meet business requirements. Unlike in certain other Asian countries, Vietnamese representative offices are also able to hire staff directly.
Under new regulations, the processing time includes:
Announcing job vacancy
The recruitment of Vietnamese workers for positions usually filled by foreign workers is announced on the Ministry of Home Affairs (Employment Department) website or the Employment Service Center website.
These announcements are made at least 15 days before submitting an explanation report to the Ministry or the Department of Home Affairs.
Explanation reporting
Send an explanation report to the competent authority. This process will at least take 15 days prior to the date of hiring foreign workers. Within 10 working days, after receiving an explanation report, the competent authority shall issue a document specifying acceptable and unacceptable job positions for foreign workers.
Applying for a work permit
The applicant must submit a work permit application to the competent authority at least 15 working days before the foreign worker's start date.
The competent authority will issue the work permit within 5 working days of receiving a complete application. The total time to apply for a work permit usually falls on 1.5 – 2 months.
A work permit is required to apply for a temporary residence card or a working visa in Vietnam. Under the new Labor Code 2019 that took effect in 2021, work permits are issued for a period of up to two years and restricted to only one renewal. Upon the expiration of the extended work permit, the employer must follow the same procedure to obtain a new work permit if they intend to continue employing the foreign employee.
Eligibility requirements for work permits
To be eligible for a work permit, the applicant must comply with the following conditions:
- At least 18 years of age and has full legal capacity;
- Qualifications, occupational skills, practical experience, and adequate health as prescribed by the Minister of Health;
- A manager, executive director, or expert with technical skills and knowledge necessary for the job;
- Not serving a sentence; does not have an unspent conviction; is not undergoing criminal prosecution under the home country laws or Vietnamese law; and,
- A visa that is granted by a competent authority of Vietnam unless otherwise prescribed by laws.
Further, foreigners are required to have a practice certificate with at least five years of work experience in the job that they will be hired for in Vietnam. Alternatively, experts need to have a relevant bachelor’s degree or higher relevant to their job position in Vietnam and a minimum of three years of work experience. In addition, the practice certificate must be confirmed by an overseas company or organization.
Depending on the job assignment (Manager/Executive/Expert/Technical worker), foreign workers need to have proven experiences, and provide different documents, while the employer needs to explain the recruitment needs to foreign workers before applying for a work permit. The job assignment's criteria are as follows:
Expert
- Obtains at least a bachelor’s degree or equivalent and at least 3 years experience in corresponding with the job position that he/she will be appointed in Vietnam;
- Obtains at least 5 years experience, and a practice certificate that corresponds with the job position that he/she will be appointed in Vietnam;
- Falls under a special case subject to a decision of the Prime Minister according to a request of the Ministry of Labor, War Invalids and Social Affairs.
Manager, or Executive
- The company's charter or operation regulations of agency, organization, or enterprise;
- Certificate of enterprise registration or certificate of establishment or establishment decision or other document of equivalent legal validity;
- Resolution or appointment decision of the agency, organization, or enterprise.
Technical Worker
- Has been trained for at least 1 year and obtains at least 3 years experience in corresponding with the job position that he/she will be appointed in Vietnam;
- Obtains at least 5 years experience in corresponding with the job position that he/she will be appointed in Vietnam.
Several documents are required for a work permit application. These include:
- Application form;
- Health certificate issued in the past year as per guidelines by the Ministry of Health;
- Police or criminal clearance certificate, no less than six months old;
- Proof as a manager or executive;
- Proof as an expert or technical worker; and
- Acceptance from Department of Home Affairs for the demand for foreign employees.
Currently, work permits for foreigners are valid for a maximum of two years and may be extended once for up to 02 more years.
Termination of work permit
A work permit may be terminated in the following circumstances:
- The terms of the labor contract differ from the information stated in the issued work permit;
- The foreign employee performs a role or function that is not consistent with the position approved in the work permit;
- The contract or project forming the basis of the work permit has expired or has been terminated;
- The foreign employer issues a written notice ending the employee’s assignment in Vietnam;
- The Vietnamese employer, local organization, or foreign organization operating in Vietnam ceases business operations;
- The employer or the foreign employee fails to comply with regulations governing the issuance, renewal, or extension of the work permit; or
- The foreign employee breaches Vietnamese law during employment and is subject to criminal prosecution.
In certain circumstances, a foreigner may work in Vietnam without a work permit, but they need to apply for a work permit exemption certificate. This certificate is equivalent to work permit, valid for up to 2 years, and also serves as a basis to apply for a temporary residence card.
A notice must be submitted 5 days in advance to the provincial Department of Home Affairs prior to working in Vietnam. Foreign workers without a valid work permit or work permit exemption certificate, or those using expired documents, will be fined 15 to 25 million VND (US$ 588 – 980) and deported. Employers hiring foreign workers without the necessary permits or exemption certificates will face fines ranging from 30 to 75 million VND (US$ 1,000 – 3,000).
Work permit exemptions
The following situations exempt the foreigner from needing a work permit:
- Owners or capital-contributing members of a limited liability company whose capital contribution satisfies the applicable government thresholds.
- Chairpersons or members of the board of directors of a joint-stock company whose capital contribution meets regulatory requirements.
- Heads of representative offices, project managers, or individuals responsible for the operations of international or foreign non-governmental organizations in Vietnam.
- Foreign nationals entering Vietnam for a period of less than three months to market or promote services.
- Foreign nationals entering Vietnam for less than three months to resolve urgent or technically complex issues that (i) pose or may pose a risk to business operations and (ii) cannot be addressed by Vietnamese experts or other foreign specialists currently in Vietnam.
- Foreign lawyers who hold a valid license to practice law in Vietnam in accordance with applicable legal requirements.
- Individuals who are exempt under international treaties to which Vietnam is a contracting party.
- Foreign nationals who are married to Vietnamese citizens and intend to reside in Vietnam.
- Foreign workers engaged in finance, science, technology, innovation, digital transformation, or other priority sectors as designated by central or provincial authorities.
- Other categories as determined by government regulations.
Foreign workers without a valid work permit or work permit exemption certificate, or those using expired documents, will be fined 15 to 25 million VND (US$ 588 – 980) and deported.
Employers hiring foreign workers without the necessary permits or exemption certificates will face fines ranging from 30 to 75 million VND (US$ 1,000 – 3,000).
Temporary residence cards
Foreigners who hold work permits valid for one year or more, as well as the holder of work visas, members of management boards of directors, heads of company branches, and Chief Representatives of representative offices of foreign enterprises in Vietnam, can be granted a Temporary Residence Card (TRC).
A TRC is issued by the immigration agency under the Ministry of Public Security, and is valid from one to ten years, depending on the visa type. As per the Immigration Law, the duration of each investor visa type of TRC is based on the amount of contributed capital, as follows:
- TRC – DT1 visas: up to 10 years;
- TRC – NG3, LV1-2, LS, DT2 and DH visas: up to 5 years;
- TRC – NN1-2, DT3, and TT visas: up to 3 years; and
- TRC – LD1-2, and PV1 visas: up to 2 years.
Investors using a DT4 visa (with a capital investment of less than VND 3 billion, or US$ 128,800) are not eligible for a TRC.
Expired TRCs will be considered for granting new cards. The validity of TRC is shorter than the remaining validity of the passport by at least 30 days.
Foreign employees with a TRC can enter and exit Vietnam without a visa within the valid terms of their TRC. The processing time typically takes five working days while the fee varies between US$145 – US$165 depending on the duration of the card.
Permanent residence cards
An expatriate who has a legal residence while earning a living in Vietnam may also apply for a Permanent Residence Card (PRC); however, they are subject to the following conditions:
- The expat works for the development of Vietnam and is awarded a medal or title by the government;
- The expat resides temporarily in Vietnam for three or more consecutive years and is sponsored by his parent, spouse, or child who is a Vietnamese citizen and has a permanent residence in Vietnam; and
- Foreign scientists or experts recommended by the head of a ministerial or government agency.
The processing time typically takes five working days with a fee of US$100. A PRC holder can stay in Vietnam without a visa however, the card must be re-issued every 10 years.
It is important to note that any foreign national acting as a legal representative of an enterprise in Vietnam is required to obtain a Level 2 personal electronic identification (e-ID). This requirement applies to foreign residents holding a Temporary Residence Card (TRC) or Permanent Residence Card (PRC). As detailed procedures for registering a Level 2 e-ID for this group have not yet been formally issued, affected individuals should closely monitor regulatory updates, particularly announcements from the Ministry of Public Security (MPS), for further guidance.
