Currently, due to the complicated developments of the COVID-19 epidemic, to ensure a settlement for foreign experts and foreigners entering Vietnam with reasonable needs, and purposes; at the same time, meeting the needs of epidemic prevention and control. Foreign experts and workers, who want to enter Vietnam to work, need to apply for an approval letter on arrival. Accordingly, the approval process to issue entry documents for foreigners entering Vietnam in the context of the COVID-19 epidemic is very closely managed and subject to the control and approval of many state agencies.
In some cases, for various reasons, when clients could not carry out this procedure by themselves, they can use the service of applying for an approval letter for foreigners that Hong Bang Law provides. We could bring out effective results such as a better understanding of the process, quicker procedures, more facilitation of work, and more.
LEGAL BASIS
- Law on Entry, exit, transit, and residence of foreigners in Vietnam (Law No. 47/2014/QH13, dated June 16, 2014).
- Decree No. 152/2020/ND-CP on foreign workers working in Vietnam and recruitment and management of Vietnamese workers working for foreign employers in Vietnam.
- Circular No. 04/2015/TT-BCA regulating specimen papers concerning foreigners entering, leaving and residing In Vietnam.
- Dispatch No. 5322/CV-BCD Dispatch of the National Steering Committee for COVID-19 Prevention and Control dated July 5, 2021, on guiding foreign experts and foreigners on entry to prevent and control the COVID-19 epidemic.
THE PROCEDURES
Step 1: Apply for letters of approval to use foreign workers
The guarantee company for foreigner(s) shall prepare documents to apply for written approval to use foreign workers at the Industrial Park Management Board or the Department of Labor, War Invalids and Social Affairs in the province where the headquarters of the company is located.
Step 2: Apply for approval letter(s) for foreign experts to enter Vietnam from the People’s Committee of the province/city
After receiving the letter(s) of approval to use foreign workers (in step 1), the Company continues to apply for the official letter of the People’s Committee of the province/city on approval for the foreign expert to enter Vietnam. In the written request for foreign experts to enter, ensure to include the following information:
(i) a proposed list of foreign experts and accompanying relatives, the foreigners who will enter, the purpose and duration of entry and stay (in which the necessity of entry of these cases is clearly stated) ;
(ii) Plan(s) for transportation and transportation; the isolation plan at the isolation facility has been designated and selected by the People’s Committee of the province;
(iii) Program, work plan, place of residence of the foreign expert and accompanying relatives, foreigners in the locality;
(iv) Contact information of each expert (address, phone number, email);
(v) A written commitment of the inviting or guarantor unit to be responsible for ensuring safety against COVID-19 when inviting foreign experts and relatives and foreigners to Vietnam, ensuring that: (a) Foreign experts and accompanying relatives, foreigners to be tested for SARS-CoV-2 by PCR within 03 days before the date of entry into Vietnam, (b) They have international health insurance or the agency or organization inviting foreign experts and relatives to accompany commits to pay the cost of treatment in case of being infected with COVID-19, (c) Other documents (if any).
Step 3: Apply for approval from the Department of Health where the expert is expected to be isolated
After receiving the letter(s) of approval from the People’s Committee of the province/city (in step 2), the guarantee Company of the foreign expert shall prepare documents and plans for transportation and isolation plan to obtain approval from the Department of Health where the expert is expected to enter.
Step 4: Apply for the approval letter(s) at the Immigration Department
The dossiers contains:
- Official letter requesting the Immigration Department to consider and approve personnel to issue visas and grant entry permits to foreigners entering Vietnam according to form NA2 issued together with Circular No. 04/2015/TT-BCA dated 05/05/2017 01/2015;
- A copy of the expert’s passport which is still valid;
- A notarized copy of the approval letter of the Provincial People’s Committee and the Department of Health;
- Confirmation of isolation hotel reservation;
- Confirmed flight booking if entering by air (including flight number, flight itinerary, and port of entry). In case there is no flight information, the guarantee company must notify the Immigration Department as soon as it is available.
OUR SERVICES
- Consulting on entry procedures to Vietnam according to the Government’s current regulations on disease prevention;
- Consultancy on preparing complete documents according to regulations of the Government, People’s Committees of provinces, Ministry of Health, Department of Health and other competent agencies;
- Advice on procedures for submitting documents, applying for documents related to quarantine, entry dispatch and so on;
- Advice on the selection of facilities that are eligible for quarantine with appropriate costs and safety in epidemic prevention;
- Representing the Client to submit the application, monitor the processing progress and notify the submission result to the Client.
DOCUMENTS TO BE PROVIDED BY CLIENTS
- Notarized copy of Passport of foreigners entering Vietnam (scanning all pages of Passport);
- Notarized copy of ERC/license of establishment of the organization that sponsored the foreigners to enter Vietnam.
- Documents proving that the foreigner has tested negative for Covid 19 before entering Vietnam (translated into Vietnamese and notarized);
- Confirmation of vaccination of expert(s);
- Entry information and quarantine plan: estimated time, mode of travel (by land or air), place of entry (at border gate or airport), intended place of temporary residence for the foreigners in Vietnam, place of quarantine.
- Foreigner’s banchelor degree (for experts);
- Certificate of having at least 5 years of work experience in accordance with the position that the foreign worker is expected to work in Vietnam.
IMPLEMENTATION TIME
- About 30 – 40 working days (excluding Saturdays, Sundays and public holidays) depending on the immigration policy of each province and the epidemic situation of Vietnam at the time of service.
If you need more detailed advice as well as how to access this service, please contact Lawyer Nguyen Duc Trong via hotline: 0912.35.65.75 or call the legal consulting centre at 1900.6575 or send a service request via email: info@hongbanglawfirm.com
We wish you and your family good health, peace and success!
Best regards,
