In recent years, there has been an increase in international workers going to Vietnam for employment.
If your company is expanding its operations to Vietnam, you need to ensure that all team members have the necessary work visas and permits before they start working in the country.
Types of Vietnamese Work Visas
Like nationals from any other country, prospective employees will need to obtain a visa from a Vietnamese embassy or consulate to enter the country. Relevant visa types include:
HN visas for conferences and conventions, DT visas for investors, DN visas for individuals cooperating with Vietnamese enterprises, DH visas for students and interns, NG1-NG4 visas for diplomatic purposes, LV1-LV2 visas for individuals cooperating with Vietnamese authorities, and LD visas for international workers.
For employees who wish to live and work in Vietnam long-term, an LD visa is necessary.
Requirements for Obtaining a Vietnamese Work Visa
Vietnam has strict requirements to determine who is eligible for a work visa. The three main categories of international workers who can apply for a Vietnamese work permit are as follows:
Managers, executives, or other senior positions within a company, experts and specialists, technicians.
Furthermore, Vietnamese companies can only offer one of these positions to nationals from other countries if there are no qualified local job seekers to fill the position. According to the new amendment Decree 152, published in the form of the new Labor Code Decree 70, the Vietnamese government has introduced new requirements for the labor market test. To prove the necessity of hiring international staff, companies must announce the job position to Vietnamese job seekers through online portals or local newspapers. If no qualified Vietnamese applicants are found within about 30 days, the job can be offered to an international worker.
When applying for an LD work visa, the following documents must be submitted to prove this announcement:
A completed application form.
A valid passport and a notarized copy of it.
The applicant's health certificate and medical records.
Three passport-sized photos taken in the last year.
A criminal record proving the applicant has no criminal activities that prevent them from working in Vietnam.
Copies of any relevant professional certificates.
Application Process
To apply for a work visa in Vietnam, employees should take the following steps:
Obtain a letter from the employer confirming their employment within the company, collect recent passport photos or take new ones, obtain a health certificate from a hospital in Vietnam or the employee's country of residence, fill out the work visa application form, collect all necessary documents, and submit them to the Vietnamese Ministry of Labor.
The employer in Vietnam also plays a crucial role in the work visa application process. The employer's steps include:
Obtaining a pre-approval letter for the use of international labor from the local Ministry of Labor.
Submitting the work permit application to the Ministry of Labor, Invalids and Social Affairs (DOLISA).
The application must be submitted at least 15 days before the employee's scheduled start date. However, this process may take longer. It is recommended that companies apply 2-3 months in advance.
Once the application is approved, the employee can travel to Vietnam. They need to declare themselves as temporary residents at the local police station. A temporary residence permit, valid for the same duration as the work visa, will be issued within 5 working days.
Other Important Considerations
Currently, Vietnamese work permits are valid for up to 3 years and are not eligible for renewal. If your company plans to continue employing international workers beyond the permit's duration, a new application must be submitted.
If your business has multiple locations, and employees may need to work within the same province, you need to report this on the work permit application. If any of your applicants will work at multiple locations in different provinces, you can submit an application to the Ministry of Labor, Invalids, and Social Affairs (MOLISA).
