With substantial contracts and potential economic exploitation markets, Vietnam’s market is currently attracting a large number of foreign investors and workers. However, the issuing of work visas to foreigners in Vietnam is highly regulated in order to prevent incidents of forced labor. Hong Bang Law Firm would like to give the following advice to clients in order for them to understand more about this procedure:

Legal basis

• Law on entry, exit, transit, and residence of foreigners in Vietnam (Law No. 47/2014/QH13, June 16, 2014).
• Circular No. 04/2015/TT-BCA dated January 5, 2015 of the Ministry of Public Security on specimen papers concerning foreigners entering, leaving and residing in VietNam.

Conditions for issuance of visas for foreigners in Vietnam

• Has a passport or laissez-passer.
• Is invited or sponsored by an organization or individual in Vietnam, except for other cases prescribed.
• Not suspended from entry in the cases, including:

• • Children under 14 years of age without parents, guardians or authorized custodians.
  • Forging papers or providing false information to obtain entry/exit/residence permit.
  • Any person suffering from a mental disease or infectious disease that threatens public health.
  • Any person that was deported from Vietnam within the last 03 years.
  • Any person that was compelled to leave Vietnam within the last 06 months.
  • For reasons of epidemic prevention.
  • For reasons of natural disasters.
  • For reasons of national defense, national security, social order, and social safety.

• Proof of entry purposes must be provided when applying for a visa in the following cases:

• • Any foreigner who comes to make investment must have papers proving the investment in Vietnam in accordance with the Law on Investment;
  • Any foreigner who works as a lawyer in Vietnam must have a practice license in accordance with the Law of Lawyers;
  • Any foreigner who comes to work in Vietnam must have work permits in accordance with the Labor Code;
• Any foreigner who comes to study in Vietnam must have written acceptance of a school or an education institution in Vietnam.
• If a foreign worker is guaranteed by an organization or individual, invited to work with a enterprise in Vietnam:

• • Organizations inviting and leading foreigners to work are enterprises established under Vietnamese law;
  • Organizations inviting and leading foreigners must be in accordance with their functions, tasks and powers prescribed by law or operating licenses granted.

Procedure

Dossier

• Operating licenses of organizations and enterprises include: Enterprise registration certificate, investment licenses, operating licenses of representative offices and branches;
• Certificate of use of seal form or notice of use of the enterprise’s seal;
• Written introduction of legal seal and signature of competent persons of the organization (NA16) (Submit this declaration if first submitting the application at the Immigration Department);
• Application form for Vietnamese visa and temporary residence extension (NA5)
• The original passport of the visa applicant is valid as prescribed;
• Work permit or work permit exemption for cases which foreigners are exempted from work permits;
• Temporary residence book or temporary residence certificate of foreigners.

Competent authority: Immigration Department

Time of implementation: No more than 05 business days after receiving sufficient documents.

Services of Hong Bang Law

•       Advise clients to prepare visa applications for foreigners in Vietnam;
•       Support clients to notarized and certify documents of foreign countries (if any);
•       Draft, prepare and check the validity of the dossier;
•       Represent clients to carry out procedures with competent authority to apply for postal licenses;
•       Hand over the results to the customer.

If you need more detailed advice and answers as well as how to access this service, please contact directly our Lawyer Nhat Nam via hotline: 0912.35.65.75, 0912.35.53.53 or call the toll free legal consultation hotline 1900.6575 or send a service request via email: lienheluathongbang@gmail.com

Wishing you and your family good health, peace and success!

Best regards!