“1. An application for Vietnamese citizenship includes the following documents:
a/ An application for Vietnamese citizenship;
b) A copy of the birth certificate, passport or other document with replacement value;
c) Curriculum statement;
d) A criminal record card issued by a competent agency of Vietnam for the time the applicant for Vietnamese citizenship resides in Vietnam, a criminal record card issued by a competent agency of a foreign country for the time the applicant for Vietnamese citizenship resides abroad. The criminal record card must be issued no later than 90 days from the date of submission;
dd) Documents proving Vietnamese language proficiency;
e) Documents proving the accommodation and permanent residence period in Vietnam;
g) Documents proving life assurance in Vietnam.
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I. Regarding the ban on exit of Vietnamese citizens
According to the Law Entry and Exit of Vietnamese Citizens 2019, “exit” is the act of Vietnamese citizens leaving Vietnamese territory through Vietnam’s border gates.
From the above definition, exit ban can be understood as a Vietnamese citizen not being allowed to leave the territory of Vietnam. However, the current Law Entry and Exit of Vietnamese Citizens does not stipulate the concept of “exit ban” but only the concept of “exit suspension”.
In particular, exit suspension is a temporary prohibition of exit for Vietnamese citizens.
This can be understood that every citizen has the right to freedom of movement, the right to leave and return to the country and these rights cannot be taken away, therefore these rights are only temporarily limited if there are cases prescribed by law.
Cases of ban from exit from Vietnam for Vietnamese citizens and remedies
II. Cases of exit suspension and remedies
Pursuant to Article 36 and Article 38 of the Law Entry and Exit of Vietnamese Citizens 2019, Vietnamese citizens will have their exit suspended in the following cases and 03 groups of remedies:
Group 1:
+ Accused, defendant; a person who is accused or a person who is recommended to be prosecuted, but through inspection and verification, there are grounds to determine that he or she is suspected of committing a crime and it is deemed necessary to immediately prevent that person from hiding or destroying evidence.
In this case, the exit suspension period shall comply with the provisions of the Criminal Procedure Code.
Group 2:
+ People whose prison sentences are postponed, people whose prison sentences are temporarily suspended, and people who are released from prison ahead of time with conditions during the probation period.
+ People with civil obligations related to the State, agencies, organizations, and individuals and their departure from abroad affects the resolution of cases and the interests of the above subjects.
+ Civil judgment debtors and legal representatives of agencies and organizations that are obliged to execute judgments if there are grounds to show that their departure from abroad affects the interests of related entities. authorities or to ensure the execution of judgments.
+ People who have not fulfilled their tax obligations according to the provisions of law on tax administration.
+ The person being forced, the representative of the organization being forced to execute the decision to sanction administrative violations.
If falling into the above cases, the exit suspension period ends when the violator and the person with the obligation have completed serving the sentence or decision of the competent agency or person according to the provisions of this Law.
Group 3:
+ The person being inspected, examined, and verified has sufficient grounds to determine that he or she has committed a particularly serious violation and it is deemed necessary to immediately prevent that person from escaping.
In this case, the exit suspension period shall not exceed 01 year.
Group 4:
+ People who are suffering from dangerous and contagious diseases.
In this case, the exit suspension period must not exceed 6 months or if entry is permitted by the country from which the person departs.
Group 5:
+ People whose departure from the country has grounds to believe affects national defense and security.
In this case, the exit suspension period is calculated until it no longer affects national defense and security according to the decision of the Minister of National Defense and the Minister of Public Security.
After the suspension period expires and is not extended, according to Clause 2, Article 39 of this Law, the competent authority will issue a decision to cancel the exit suspension.
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Pursuant to Article 8 of the Law on Entry, Exit, Transit, and Residence of Foreigners in Vietnam in 2014, amended and supplemented in 2019, there are a total of 21 types of visas issued to foreigners. in Vietnam, including large groups such as diplomacy (NG), work (LV), investment (Investment), business (DN), study (DH), reporter (PV), labor (LD), visiting relatives (VR),… depending on the foreigner’s purpose of entering Vietnam.
Foreigners can enter and reside legally in Vietnam based on the prescribed period of time depending on the type of visa they are issued. Pursuant to Article 9 of the Law on Entry, Exit, Transit, and Residence of Foreigners in Vietnam, the duration of visa types is prescribed as follows:
“1. SQ visas are valid for no more than 30 days.
2. Visas with symbols HN, DL, EV are valid for no more than 90 days.
3. VR visa is valid for no more than 180 days.
4. Visa symbols NG1, NG2, NG3, NG4, LV1, LV2, DT4, DN1, DN2, NN1, NN2, NN3, DH, PV1, PV2, TT are valid for no more than 01 year
5. Visas labeled LD1, LD2 are valid for no more than 02 years
5a. Visa code DT3 is valid for no more than 3 years
6. Visas with symbols LS, DT1, DT2 are valid for no more than 05 years”
When the above time limit expires, the foreigner must extend his visa if eligible for extension or must leave Vietnam if his visa is not extended. If the foreigner fails to do either of the above two things beyond the time limit stated on the visa, he or she will be fined and handled according to law.
What happens when a foreigner's visa expires? (cases handled and fines)
II. Cases handled and fines
Pursuant to Article 18 of Decree 144/2021/ND-CP regulating penalties for administrative violations in the field of social order and security, foreigners can be fined from 500,000 VND to 20,000,000 VND if using Overstay your visa in Vietnam and may be subject to expulsion from Vietnam:
“2. Fine from 500,000 VND to 2,000,000 VND for one of the following acts:
d) Foreigners use temporary residence certificates, temporary residence extensions, temporary residence cards, and do not renew permanent residence cards in Vietnam for a period of less than 16 days without permission from a competent authority.
3. Fine from 3,000,000 VND to 5,000,000 VND for one of the following acts:
e) Foreigners use temporary residence certificates, temporary residence extensions, temporary residence cards, or non-replacement of permanent residence cards in Vietnam for more than 16 days to less than 30 days without permission from a competent authority
4. Fine from 5,000,000 VND to 10,000,000 VND for one of the following acts:
b) Foreigners use temporary residence certificates, temporary residence extensions, temporary residence cards, or non-replacement of permanent residence cards in Vietnam for more than 30 days to less than 60 days without permission from the competent authority.
5. Fine from 10,000,000 VND to 15,000,000 VND for one of the following acts:
b) Foreigners use temporary residence certificates, temporary residence extensions, temporary residence cards, and do not issue permanent residence cards for more than 60 days to less than 90 days without permission from a competent authority;
6. Fine from 15,000,000 VND to 20,000,000 VND for one of the following acts:
d) Foreigners use temporary residence certificates, temporary residence extensions, temporary residence cards, and do not renew permanent residence cards for more than 90 days or more without permission from a competent authority;
…
b) Expel foreigners who commit administrative violations specified in Clauses 1, 2, 3, 4, 5, 6 and 7 of this Article.”
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When the visitor’s stay in Vietnam is about to expire, the foreign visitor will leave Vietnam, go to a neighboring country or a country in the region, then return to Vietnam, stamped with a new period of stay.
Visa run is the form of choice when foreigners cannot extend Vietnam visa in Vietnam or the extension cost is too high compared to the cost of running visa.
2. The subjects most often performing run visas in Vietnam include:
Visitors entering Vietnam under Visa Exemption,
Visitors entering Vietnam under a 5-year Visa Exemption Certificate,
Visitors entering Vietnam under 30-day e-visa,
Visitors entering Vietnam to work on corporate visas.
3. Dossiers
To be able to apply visa run easily, foreigners need to prepare all the following documents:
Original passport (valid for at least 6 months from the date of re-entry into Vietnam and at least 02 blank pages),
One of the valid documents to enter Vietnam (unless foreigners are exempt from visa):
5-year visa exemption certificate,
E-visa Vietnam,
Entry letter to get visa at the border (currently only applicable for corporate visa applicants).
Airfare/bus ticket
Black or blue ink pen to fill out the required declaration forms.
If you pick up your visa at the border, you need to bring more:
2 4*6 portraits
Vietnam visa application form
Stamping fee: $25 for single-entry visa and $50 for multiple-entry visa.
WHAT IS VISA RUN? RULES AND PROCEDURES FOR VISA RUN
4. Vietnam run visa procedures
Step 1: Prepare the required documents
In this step, foreigners preparing to apply for a run visa will prepare the documents as mentioned above
Step 2: Leave Vietnam
Depending on the form of run visa, foreigners will complete Vietnam exit procedures, stamp Vietnam exit and move to third countries by air or land.
Step 3: Enter to a third country
Upon arrival at the 3rd country border gate (airport or land border gate), the foreigner will present the necessary documents to complete the 3rd country entry procedures.
Step 4: Exit the 3rd country
Foreigners can return to Vietnam immediately after entering the 3rd country or stay for a few days before returning to Vietnam.
After arriving at the international border gate of the 3rd country, foreigners will complete exit procedures to move to the border gate of Vietnam.
Step 5. Re-enter Vietnam and complete visa run procedures
After arriving at the Vietnam border gate, foreigners will present the following documents:
Original passport (valid for at least 6 months from the date of re-entry into Vietnam and at least 02 blank pages),
One of the valid documents to enter Vietnam (unless foreigners are exempt from visa):
5-year visa exemption certificate,
E-visa Vietnam,
Entry dispatch.
If you pick up your visa at the border, you need to bring more:
2 4*6 portraits
Vietnam visa application form.
Travelers who need to stamp their visa at the border will need to affix their visa stamp to their passport. As for other tourists, they will immediately come to the security border gate to clear Vietnam immigration procedures and stamp the entry stamp as well as the new period of stay on the passport.
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The United Kingdom is one of the most developed and modern countries in Europe. Having British citizenship and becoming a British citizen is a dream for many people, especially for children under the age of 18. Some of the benefits include:
– Full citizenship rights in one of the most developed countries in Europe.
– Freedom to move, live, and work in the United Kingdom.
– Access to the United Kingdom’s modern, safe, and free National Health Service.
– Free or very low-cost public education at all levels due to government support.
II. Eligibility for British citizenship for children over 16 years old
Typically, to be eligible for British citizenship, the first requirement is that an individual must be 18 years of age or older, have a permanent residence permit (ILR) in the United Kingdom, and have lived in the United Kingdom for a certain period of continuous time. In the case of a child aged 16 or over and born abroad, the nationality of the parents at the time of the child’s birth must be considered.
Based on the specific personal circumstances of the child, the following cases may occur:
If both parents have British citizenship at the time of the child’s birth: The child is eligible for British citizenship at the UK’s Register Office.
If neither parent has British citizenship or is not a permanent resident in the United Kingdom at the time of the child’s birth: The child cannot obtain British citizenship. In this case, the child can wait until they are 18 years old and comply with the requirements for citizenship for people 18 years of age or older.
If only one parent is British at the time of the child’s birth and did not register for citizenship. Based on the British Nationality Act 1981, some common conditions and criteria for this case include:
– Parents are British: A child may be eligible for British citizenship if one or both of their parents are British citizens or were settled in the United Kingdom at the time of the child’s birth.
– Continuous residence: The child must prove that they have resided in the United Kingdom for a certain period of time before submitting an application for citizenship.
– Good character: The child will be required to demonstrate good character, such as having no criminal record and complying with immigration laws.
– English language ability: The child must demonstrate that they can use English well enough to integrate into British society.
– Financial requirements and other conditions: The authority responsible for reviewing citizenship may have financial requirements or specific conditions related to the status of the parents or the child’s guardian, such as employment and financial stability.
– No prohibition: The child is not prohibited from obtaining British citizenship for reasons such as a criminal record or related to national security, or for other reasons specified in British laws.
Procedure for obtaining British citizenship for children over 16 years old born abroad - htlaw
III. Procedure for obtaining British citizenship for children over 16 years old
Once it has been determined that the child is eligible for British citizenship, based on the British Nationality Act 1981 and related documents, the child’s legal guardian must follow these steps:
Step 1: Collect the necessary documents for the application: The child’s guardian/parent must collect all the necessary documents, including the child’s birth certificate, parents’ documents, evidence of continuous residence in the United Kingdom, and any other documents required by the UK Home Office. In some cases, the guardian may need to provide biometric information for the child, such as fingerprints and images.
Step 2: Complete the Application Form: The guardian must complete the prescribed application form to submit the application for British citizenship. These forms are available on the official website of the UK government.
Step 3: Pay the Application Fee: Pay the fee as directed by the agency you are applying to.
Step 4: Submit the Application: The completed application form and all supporting documents will be submitted to the Home Office by mail or in person.
Step 5: Processing and Decision: The UK Home Office will review the application, conduct necessary checks, and make a decision on the child’s application for British citizenship. This process can take several months.
Step 6: Citizenship Ceremony: If the application is approved, the child may be invited to attend a citizenship ceremony. This is the final step in the process, where they swear allegiance to the United Kingdom.
After completing the above steps, the child will receive a Certificate of British Citizenship: After the citizenship ceremony, confirming the status as a British citizen.
To save time on researching procedures, filling out forms, notarizing, and waiting to submit documents, you can contact HT for consultation and assistance with Citizenship.
Conditions for applying for Vietnam e-visa: – Passport valid for at least 6 months from the date of entry into Vietnam and have at least 2 blank
– Pages 1 passport photo
– Hand paper of photo and personal information page in passport
– Bank card for online e-visa fee payment (American Express cards are not accepted)
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Can foreigners who do not have a temporary residence card in Vietnam rent an apartment for the long term?- htlaw
I. First of all, to answer this question, let's understand what a Temporary Residence Card is.
A Temporary Residence Card is a type of document issued by the immigration authorities or the competent authorities of the Ministry of Foreign Affairs to foreigners allowed to reside in Vietnam for a limited period and serves as a substitute for a visa.
For cases where the residency period is one year or longer, foreigners will be considered for a Temporary Residence Card, which also serves as a multiple-entry visa.
II. If you have a Temporary Residence Card, do you still need to apply for a visa?
When a foreigner has been granted a Temporary Residence Card in Vietnam and it is still valid, there is no need to apply for a visa when entering or residing in Vietnam because when foreigners want to enter the country, except for cases exempt from visas, they must apply for a visa. However, whether you apply for a visa for tourism, visiting relatives, investment, etc., it will have a validity period of up to 12 months for single or multiple entries. When the visa expires, you need to apply for an extension if you wish to continue staying in Vietnam or leave the country. In contrast, the Temporary Residence Card allows foreigners to enter and reside in Vietnam for a longer period than a visa, but not exceeding 5 years. Therefore, when foreigners have resided in Vietnam and have been granted a Temporary Residence Card, there is no need to apply for a visa to enter and exit the country. When you want to enter or exit the country, you just need to present the Temporary Residence Card along with your passport.
In addition, if foreign workers or investors frequently travel in and out of Vietnam but do not have a Temporary Residence Card, they need to regularly apply for new or extended Vietnam visas, causing a significant waste of time and costs for both individuals and businesses. Therefore, applying for a Temporary Residence Card will bring significant benefits, such as:
Having a Temporary Residence Card ensures that foreigners have the right to reside in accordance with Vietnamese law without having to apply for or extend visas, avoiding time and costs.
For cases of foreigners who frequently travel to and from Vietnam, applying for a Temporary Residence Card will facilitate ease of travel.
Moreover, having a Temporary Residence Card will avoid the need to affix multiple entry visas to your passport.
III. Next, let's find out the conditions for foreigners to rent apartments.
Regarding the subject conditions, the conditions for foreigners to rent apartments are:
According to Article 119 of the 2014 Housing Law,
“2. The conditions for parties participating in housing transactions are as follows:
…
b) If it is a foreign individual or a Vietnamese residing abroad, they must have the legal capacity to perform civil acts to carry out housing transactions in accordance with Vietnamese law, must be eligible to own housing in Vietnam under this Law, and are not required to register temporary residence or permanent residence at the place where housing transactions are conducted.”
IV. The Temporary Residence Declaration for Foreigners Entering Vietnam:
In addition to having a visa/temporary residence card to legally reside in Vietnam, foreigners are also required to declare their temporary residence with the local police in the commune, ward, township, or police station where the foreigner resides (including tourist accommodations, guesthouses, housing areas for foreigners working, studying, or receiving medical treatment, private houses, etc. – collectively referred to as ‘Accommodation Facilities’). The temporary residence declaration must be made within 12 hours – 24 hours (depending on the area) from the time the foreigner arrives at the Accommodation Facility.
The responsibility for temporary residence declaration lies with the representative of the Accommodation Facility or the person authorized, directly responsible for managing and operating the Accommodation Facility; for Accommodation Facilities for foreigners to rent for long-term stays where the owner of the Accommodation Facility does not reside, or houses owned by foreigners, the person named in the lease contract or house purchase contract is responsible for making the temporary residence declaration for the foreigner staying at that Accommodation Facility (referred to as the ‘Owner of the Accommodation Facility’).
Please note that although the temporary residence declaration is the responsibility of the Owner of the Accommodation Facility, failure to make the declaration can affect various administrative procedures related to foreigners because the Temporary Residence Declaration for Foreigners is a mandatory document when carrying out these procedures, such as:
Procedures for obtaining new visas/temporary residence cards;
Procedures for obtaining criminal record certificates for foreigners in Vietnam; and
Affecting the process of granting work permits to foreigners in cases where foreigners do not have Vietnamese criminal record certificates (and do not have foreign criminal record certificates issued to replace them).
Therefore, foreigners should be aware of this issue and work with the Owner of the Accommodation Facility to ensure timely compliance with the temporary residence declaration requirements, avoiding any adverse effects on their activities in Vietnam.
Based on the answers to these two questions, HTLaw concludes that foreigners who do not have a Temporary Residence Card in Vietnam can still rent apartments for the long term.”
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Currently, Vietnam applies e-visa for citizens of 80 countries to Vietnam, regardless of the purpose of entry, tourism, visiting relatives or business cooperation, work, ….
2. Conditions for applying for Vietnam e-visa:
– Foreigners who have passports and do not fall into the category of foreigners who are not allowed to enter the country specified in Article 21 of the Law on entry, exit, transit and residence of foreigners in Vietnam.
– Foreigners who are citizens of countries and territories on the list of granted electronic visas according to the Government’s Resolution.
Step 2: You tick the box Confirmation of reading carefully instructions and having completed applicationvà press Next.
In this section, you need to upload your passport photo and profile page. Then fill in the required information completely and correctly (the part marked *)
Step 3: After filling out the visa form information, you can press Review application form to check the information again. Please make sure that the information is correct because after paying the valid visa fee you will not be able to change any information and will have to apply for a new entry visa. Pay the visa fee to the account specified on the e-visa Information Page or the National Public Service Portal or the Public Service Portal of the Ministry of Public Security after receiving the electronic file code from the immigration authority. Application submission time: 24 hours/07 days. Time to receive documents: From Monday to Saturday every week (except Tet and public holidays).
Procedures for applying for an e-visa - htlaw.vn
4. Processing time for Vietnam e-visa application
Normally you will receive your Vietnam e-visa in about 3 working days. However, visa processing times may vary depending on the number of applicants or on public holidays. Therefore, foreigners should submit an application 1-2 weeks before coming to Vietnam.
5. How much is the Vietnam e-visa application fee?
25 USD (E-visa valid for one time: 25 USD /e-visa)
50 USD (E-visa is valid for multiple times : 50 USD /e-visa)
This fee is non-refundable if your application is refused or your visa contains incorrect information provided by you in the application form.
6. Profile composition
Information on applying for an electronic visa (on the electronic visa information page or the National Public Service Portal or the Public Service Portal of the Ministry of Public Security) according to form NA1a issued together with Circular No. 22/2023/ TT-BCA dated June 30, 2023 of the Ministry of Public Security.
+ Newly taken photo of the e-visa applicant, photo size 4 x 6cm, jpeg format, size ≤ 2 MB, face looking straight ahead, no hat, no glasses, polite clothes, background image White background
+ Photo of passport identity page is uploaded to the electronic visa information page according to regulations.
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Exit means that a foreigner leaves Vietnamese territory through a border gate. Depending on the remaining duration of the visa, the exit applicant can voluntarily apply for exit or be forced to leave the country. According to the provisions of Point a, Clause 1, Article 30 of the Law on entry, exit, transit and residence of foreigners in Vietnam 2014 (Law on Immigration), forced exit occurs when the foreigner has expired. temporary residence but do not leave the country. The competent authority in this case is the Immigration Department.
Regarding exit conditions for foreigners, according to Article 27 of the Law on Immigration, foreigners to exit need to meet the following conditions:
“a) possesses a passport or documents enabling international travel;
b) Valid temporary residence certificate, temporary residence card, or permanent residence card;
c) does not fall into categories of exit suspension specified in Article 28 of this Law.
A foreigner making exit on electronic visas must fully satisfy all conditions specified in Clause 1 of this Article and make exit via international border checkpoints decided by the Government”.
Regarding the sanctions for the act of not leaving the country when the temporary residence expires:
According to the provisions of Point đ Clause 2; Point e Clause 3; Point b, Clause 4; Point b, Clause 5; Point d, Clause 6, Article 18 of Decree 144/2021/ND-CP, the sanction level is based on the overstay period of the visa:
– Overdue less than 16 days: fine from 500,000 – 2,000,000 VND
– Overdue from 16 to under 30 days: fine from 3,000,000 to 5,000,000 VND
– Overdue from 30 to less than 60 days: fine from 5,000,000 to 10,000,000 VND
– Overdue from 60 to less than 90 days: fine from 10,000,000 to 15,000,000 VND
– Overdue for more than 90 days: fine from 15,000,000 VND to 20,000,000 VND
Procedures for exit visa - htlaw.vn
II. Orders and procedures
About dossiers
Basically, the dossier composition includes the following documents:
– Passport of the person leaving the country (with a minimum validity of 6 months).
– Certificate of temporary residence (stamped by the ward police)
– Portrait photo 4×6 (white background, no glasses, hats)
– Application form for exit visa (Form NA5).
– Flight ticket.
In some special cases, additional documents may be required by the agency:
– In case the company is guaranteed: A copy of the certificate of business registration (for the case of the guarantor company) or the personal legal document (for the case of an individual guarantor).
– In case the child was born in Vietnam, a birth certificate and a marriage certificate of his/her parents are required.
– In case of overstay of visa, an explanation must be submitted (if required).
About the procedure:
Step 1: Submit the prepared documents directly at the Immigration Department where the applicant resides
Step 2: Complete the payment of fee for temporary residence during the overdue period
Step 3: Receive results in person or by post.
Time limit for settlement: 5-7 working days from the date the competent authority receives the valid application.
Note: In case the passport is lost or damaged, the applicant must apply for re-issuance at the competent authority.
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Issuance of work permits to managers who are not legal representatives of the company - htlaw.vn
I. Case of issuance of work permit to a manager who is not the legal representative of the company
According to Clause 4, Article 3 of Decree no. 152/2020/ND-CP Governing on Foreign workers working in Vietnam and recruitment and management of Vietnamese workers working for foreign employers in Vietnam: “Manager means a person in charge of management of an enterprise as prescribed in clause 24 Article 4 of the Law on Enterprises or the head or deputy head of an agency or organization”.
By that, the manager according to Clause 24, Article 3 of Enterprise Law: “Manager of an enterprise means the owner of a sole proprietorship, a general partner of a partnership, chairperson or member of the Member/Partner Assembly, President of a company, President or member of the Board of Directors, Director/General Director, or holder of another managerial position prescribed in the company’s charter”.
As the result, just the above titles can apply for Work permit for position of managers.
II. Dossiers for applying for work permits for managers who are not the legal representatives of companies
An application form for insuance of a work permit No. 11/PLI Appendix I hereto appended.
A fitness to work certificate issued by a foreign or Vietnamese competent health facility issued within 12 months before the submission date of the application or the certificate as specified in regulations of the Minister of Health.
A police (clearance) certificate or a document certifying that the foreign worker is not serving a sentence, has a criminal record expunged or is not facing a criminal prosecution which is issued by a foreign or Vietnamese authority.
The foregoing police (clearance) certificate or document certifying that the foreign worker is not serving a sentence, has a criminal record expunged or is not facing a criminal prosecution must be issued within 6 months before the submission date of the application.
Dossiers proving the applicants are managers
* Notes: In case the foreign worker has the working position as a manager with the titles specified in Clause 24, Article 4 of the Enterprise Law but is not the legal representative of the company, a document or certificate proving as a manager can be:
a) The Charter (including in detail titles, power, and specific position of these titles in the company), enclosed the Appointment Decision in case that the Charter require these titles must be appointed;
b) The Decision of Establishment Members Assembly or Board of Directors for these title Chairman of Members Assembly, members of Members Assembly, Chairman of Board of Directors, members of Board of Directors. In which, the Decision states clearly that mentioned titles belong to managers of company.
02 colorful card photos (size 4 cm x 6 cm).
An acceptance of demand for foreign workers, unless it is not required.
A valid certified true copy of passport as per the law.
II. Procedure for granting work permit
Step 1: Determination the demand for using foreign workers
At least 30 days before the expected date of employment of foreign workers, the employer (except contractor) shall determine the demand for foreign workers for every job position for which Vietnamese workers are underqualified and send a corresponding report to the Ministry of Labor, War Invalids and Social Affairs or the People’s Committee of province or central-affiliated city (hereinafter referred to as province) where the foreign workers are expected to work, using Form No. 01/PLI Appendix I with Decree 152/2020.
Step 2: Granting a work permit
At least 15 working days before the day on which a foreign worker starts to work, the employer shall apply for work permit to the Ministry of Labor, War Invalids and Social Affairs or the Department of Labor, War Invalids and Social Affairs of the province where he/she is expected to work.
Within 5 working days after receiving a duly completed application, the Ministry of Labor, War Invalids and Social Affairs or Department of Labor, War Invalids and Social Affairs of province where the foreign worker is expected to work shall issue a work permit to the foreign worker.
To save time learning about the law, filling out forms, and submitting documents, you can contact HTLaw for consultation and legal services related to Work Permit.
Work permit for chairman of the board of directors, member of the board of directors of joint stock company - htlaw.vn
I. Regulations
According to the provisions of Clause 2, Article 7 of Decree 152/2020, Chairman of the Board of Directors or a member of the Board of Directors of a joint-stock company with a capital contribution value of 3 billion VND or more does not subject to a work permit.
However, for Chairman of the Board of Directors or a member of the Board of Directors of a joint-stock company with a capital contribution value of 3 billion VND or more, they are not required to carry out procedures for determining the need to employ foreign workers. accepting foreign workers who are not subject to a work permit, only need to report to the Ministry of Labor – Invalids and Social Affairs or the Department of Labor – Invalids and Social Affairs where the foreign worker is expected to work.
II. Procedures
Report the use of foreign workers to the Department of Labor, War Invalids and Social Affairs
The written report according to Clause 2, Article 8 of Decree 152/2020/ND-CP includes the following information: full name, age, nationality, passport number, name of foreign employer, start date and end date of work;
A notarized copy of the foreigner’s passport;
A notarized copy of the Enterprise Registration Certificate;
A notarized copy of the Investment Registration Certificate;
A notarized copy of capital contribution cerificate of the Chairman of the Board of Directors and members of the Board of Directors;
A notarized copy of the decision to establish the Board of Directors records information of the Chairman of the Board of Directors and members of the Board of Directors;
A letter of authoriztion letter for the person doing the procedures (if applicable).
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According to the regulations in Decree 152/2020, foreign workers who are married to Vietnamese and currently living in Vietnam fall under the case that foreign workers exempt from work permits
For this case, the foreign employer shall determine the demand for foreign workers and only has to carry out procedures for reporting the use of foreign workers to the Ministry of Labor, War Invalids and Social Affairs or the Department of Labor, War Invalids and Social Affairs where the foreign worker is expected to work without having to apply for exempting from work permits
II. Procedures
Step 1: The procedure to determine the demand for foreign workers
Time: 07 working days
Place to apply: Department of Labor, War Invalids and Social Affairs where the foreign worker is expected to work
Step 2: Reporting the use of foreign workers to Department of Labor, War Invalids and Social Affairs
The report under Clause 2, Article 8 of Decree 152/2020/ND-CP includes the following information: full name, age, nationality, passport number, name of employer, starting date, and completion date;
A notarized copy of the passport of foreign worker;
A notarized copy of the enterprise registration certificate of company where the foreign worker is expected to work;
A notarized copy of marriage certificate;
Power of attorney (if applicable)
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Vietnamese people residing overseas who have passports or laissez-passers issued by foreign authorities and foreigners being their spouses or children.
Foreigners being spouses and children of Vietnamese citizens.
II. Conditions for Visa Exemption Certificate
Having a passport or another international travel document that is still valid for at least one more year.
Having documents proving that he/she is a person eligible for visa exemption
Not banned or suspended from entry or exit as prescribed in Article 21 and Article 28 of the Law on entry, exit, transit, and residence of foreigners in Vietnam.
Procedures for issuance of visa exemption certificate - htlaw.vn
III. Order of execution in Vietnam
Step 1: Each person who is temporarily residing in Vietnam and wishes to obtain a certificate of visa exemption shall submit the dossiers to Immigration Department.
Step 2: Within 05 working days from the receipt of satisfactory documents, Immigration Administration shall consider issuing the certificate of visa exemption.
IV. Dossiers
The passport or another international travel document, or a permanent residence permit issued by an authority of the foreign country to the Vietnamese person residing therein.
An application form for issuance/reissuance of visa exemption certificate
02 Photo (01 picture fixed on the application form).
Documents proving eligibility for visa exemption:
– The applicant who is a Vietnamese person residing overseas shall submit a certified true copy (or a copy enclosed with the original for comparison) of one of the following documents: birth certificate, decision to permit renouncement of Vietnamese nationality or certification of loss of Vietnamese nationality, other documents showing/proving the person’s Vietnamese nationality;
– The applicant who is a foreigner shall submit certified true copies (or copies enclosed with the originals for comparison) proving that he/she is a spouse or child of a Vietnamese citizen or a Vietnamese person residing overseas;
– In case there are no papers proving that the applicant is a Vietnamese person residing overseas, the overseas visa-issuing authority of Vietnam shall examine the applicant’s documents which show that he/she is of Vietnamese descent to decide whether to accept the application.
V. Duration of Visa Exemption Certificate
The maximum duration of a visa exemption certificate is 05 years and must be at least 6 months shorter than that of the holder’s passport or international travel document.
VI. Format of Visa Exemption Certificate
The certificate of visa exemption is issued in the passport. A detached certificate shall be issued if:
– All pages of the passport for granting visa are used;
– The passport is issued in a country who has not established a diplomatic relation with Vietnam;
– Another international travel document is used instead of a passport;
– A detached certificate is requested by the applicant;
– A detached certificate is needed for diplomacy, national defense and security purposes.
Each person shall be granted a separate certificate of visa exemption. Any parent and children who share the same passport shall be granted a single certificate of visa exemption.
VII. Temporary period according to the Visa Exemption Certificate
If the visa exemption certificate is valid for more than 6 months:
– Per entry, visa exemption holders are allowed to stay for 180 days
– If there is a need to continue to stay in Vietnam, they will be considered for an extension of temporary residence when there is a guarantee and a good reason, each extension is valid for up to 180 days (or equal to the remaining term of the visa).
If the visa exemption certificate is valid for less than 6 months, the temporary period will be equal to the validity of the visa exemption certificate and cannot be extended.
VIII. Fee
– Fee for issuance of the first visa exemption certificate: 20 USD.
– Fee for issuance of visa exemption certificate from the second time onwards: 10 USD.
To save time learning about the law, filling out forms, and submitting documents, you can contact HTLaw for consultation and legal services related to Visa Exemption.
Foreign workers who are subjects prescribed in Decree 152/2020/ND-CP are in work permit exemption.
Procedures of work permit exemption for workers who perform internal transfer within the company
II. The scope of work permit exemption for employees who perform internal transfer within the company
According to Decree 152/2020/ND-CP, workers perform internal transfer within the company shall be in scope of 11 sectors listed in Vietnam’s Schedule of World Trade Organization Commitments, including: business services, communication services, construction services, contribution services, education services, environment services, finance services, health services, tourism services, entertainment services and transportation services.
The category of 11 sectors in Vietnam’s Schedule of World Trade Organization Commitments applied to foreign workers who are managers, chief executive officers, experts, technical workers is prescribed in Circular 35/2016/TT-BCT.
III. Procedures of of work permit exemption for employees who perform internal transfer within the company
Step 1: Submit the explanation of labor demand to The Ministry of Labour – Invalids and Social Affairs.
The validity period: 7 working days
Step 2: The Ministry of Labour – Invalids and Social Affairs shall have the authority to grant certification of exemption from work permit for foreign workers.
The validity period: 5 working days
IV. Dossiers in an application for certification of exemption from work permit for foreign workers.
a) Application forms for certification of work permit exemption of foreign workers according to Form No.09/PLI provided in Annex I Decree 152/2020/ND-CP
b) Medical Checkup as prescribed in Clause 2 Article 9 Decree 152/2020/ND-CP
c) A document on approval of the demand for foreign workers ;
d) A valid certified true copy of passport in accordance with Law
e) A certified true copy of the Business registration certificate;
f) A certified true copy of the Investment registration certificate;
g) Documents proving foreign workers’ eligibility to exemption of work permit
Documents specified above shall be original or certified copy, Foreign-language documents shall be consular legalized, translated into Vietnamese and be certified unless It is exempt from consular legalization under Treaties to which The Social Republic of Vietnam and foreign countries are parties or under the principle of reciprocity in accordance with law.
V. The validity period for a certification of work permit exemption
The validity period of a certification of exemption from work permit must not exceed 2 years.
In case of re-issued certification, its validity period must not exceed 2 years
To save time learning about the law, filling out forms, and submitting documents, you can contact HTLaw for consultation and legal services related to work permit exemption.
Japan is often chosen as a tourist destination with beautiful natural scenery along with unique culture. To come to Japan for the purpose of tourism or to visit relatives, you must first obtain a tourist visa or visit relatives of Japan. Please refer to the following information about the procedure as well as the required documents with HT.
I. Required documents for visiting relatives visa of Japan
* Documents of personal information
Passport;
ID Photograph (Photo taken within 6 months, size 4.5cm x 4.5cm);
Identity Card;
Visa application form;
* Proof of finances
Certificate of bank account in the visa applicant’s name, income certificate issued by the competent authority (if you pay for the trip by yourself);
Tax payment certificate, tax declaration, income certificate, a photocopy of the bank passbook clearly stating the account usage history within the last 6 months (if you have a financial guarantor in Japan);
* Proof of visiting relatives
Evidence of the applicant’s relationship to the intended visitor (Birth certificate, marriage certificate, exchanged correspondence, e-mails, photos);
Invitation letter from the person the applicant intends to visit;
Itinerary during stay in Japan;
* Documents related to the guarantor
Residence certificate (record of all household items);
Letter of Guarantee;
List of Visa Applicants.
II. Required documents for Japan tourism visa
* Documents of personal information
Passport;
ID Photograph (Photo taken within 6 months, size 4.5cm x 4.5cm);
Identity Card;
Visa application form;
* Proof of finances
Salary bank account statement;
Credit card statement showing current balance;
Proof of income from real estate rental business, shares or other investment sources;
In principle, the results of visa approval will be notified after 15 working days from the next day of receiving the visa application.
IV. Procedures
Step 1: Plan your trip and prepare required documents
Step 2. Apply at the Japanese Embassy
V. Fees
Consular fee: – 640,000 VND (one-time entry)
– 1,280,000 VND (multiple entries)
To save time learning about the law, filling out forms, and submitting documents, you can contact HTLaw for consultation and legal services related to Japan Visa (Tourism, Family visit).
A Japanese visa, is a “passport” issued by the Government of Japan to foreigners, allowing foreigners to enter Japan for a certain period of time with particular purpose.
If divided by the purpose of the trip, the Japanese visa includes the following common types:
* Documents proving the relationship between the inviting company and the invitee’s company
Public documents that introduce the relationship of companies in the same group;
Documents proving the commercial relationship between companies;
Invitation letter to visa applicants (for cases where there is no commercial relationship);
Brief introduction document about the Japanese receiving agency;
Invitation letter;
Guarantee letter and List of visa applicants (from 2 people or more) of the receiving place on the Japanese side;
Schedule of stay;
These are the types of documents that are required to provide when applying for a Japan business visa, you need to prepare fully to achieve the desired results.
III. Settlement time
In principle, the results of visa approval will be notified after 15 working days from the next day of receiving the visa application.
IV. Procedures
Step 1: Plan your trip and prepare required documents
Step 2. Apply at the Japanese Embassy
V. Fees
Consular fee: – 640,000 VND (one-time entry)
– 1,280,000 VND (multiple entries)
To save time learning about the law, filling out forms, and submitting documents, you can contact HTLaw for consultation and legal services related to Japan Business Visa.
For the purpose of tourism or visiting relatives in Canada, you need to have a tourist visa or a visitor visa to Canada. Join HT to learn about the application as well as the fees when applying for the two types of visa above.
I. Required documents for Canada Business Visa
* Personal Information
Passport;
ID Photograph (Canada visa application photo 3.5*4.5cm);
Birth Certificate;
Identity Card;
Household Registration Book;
Certificate of marriage (if any);
Canada visa application form;
Detailed declaration of identity;
Authorization letter;
VFS Consent Form;
* Proof of finance
Certificate of bank account balance;
Bank account statement;
Savings book (if any);
Statement of company account (if the company sponsors the entire trip);
Business registration certificate and Tax receipt or tax declaration (for businessmen and company directors);
For Tourism visa
For Visting relatives visa
* Proof of travel
18. The trip's schedule;
19. Flight information (if any);
20. Hotel reservation (if any);
21. Confirm registration for the event (if any).
* Proof of relative’ relation
18. Evidence of the applicant's relationship to the intended visitor;
19. Invitation letter from the person the applicant intends to visit;
20. In case the inviter pays/guarantees the expenses for the trip, provide proof of the individual's income and finances;
21. Documents proving the inviter's Canadian residency;
22. The trip's schedule and information about the person will accompany you;
23. Flight information (if any);
24. Hotel reservation (if any);
25. Confirm registration for the event (if any).
These are the types of documents that are required to provide when applying for a tourist visa or visiting relatives of Canada, you need to prepare fully to achieve the desired results.
II. Procedures
Step 1: Plan your trip and prepare required documents
Step 2: Apply at VFS Global or at Immigration, Refugees and Citizenship Canada (IRCC)
Step 3. Make an appointment to have your fingerprints and photo taken (biometric information) at the Visa Application Center
To save time learning about the law, filling out forms, and submitting documents, you can contact HTLaw for consultation and legal services related to Canada Visa (Tourism, Family Visit).
Canada Business Visa is a type of visa for people wish to take a business trip to Canada in order to carry out international business and trade activities without directly participating in the Canadian labor market; or come to Canada for a short time to seek investment, promote business relationships, expand businesses.
Canada Business Visa - htlaw.vn
2. Required documents for Canada Business Visa
* Personal Information
Passport;
ID Photograph (Canada visa application photo 3.5*4.5cm);
Birth Certificate;
Identity Card;
Household Registration Book;
Certificate of marriage (if any);
Canada visa application form;
Detailed declaration of identity;
Authorization letter;
VFS Consent Form;
* Proof of finance
Certificate of bank account balance;
Bank account statement;
Savings book (if any);
Proof of income from real estate rental business, shares or other investment sources;
Statement of company account (if the company sponsors the entire trip);
Step 1: Plan your trip and prepare required documents
Step 2: Apply at VFS Global or at Immigration, Refugees and Citizenship Canada (IRCC)
Step 3. Make an appointment to have your fingerprints and photo taken (biometric information) at the Visa Application Center
4. Fees
VFS biometric fee: 439,000 VND
Consular fee: 85 CAD ~ 1.500.000 VND
Delivery fee: 4,25 CAD ~ 77.000. VND
To save time learning about the law, filling out forms, and submitting documents, you can contact HTLaw for consultation and legal services related to Canada Business Visa.
Step 1: Prepare the documents prescribed by the law.
Step 2: Application:
Agencies, organizations, individuals, Vietnamese citizens and foreigners legally residing in Vietnam, submit dossiers directly at the office of the Immigration Department police of the province or city under the jurisdiction of the central government.
Step 3: Officer receives the dossiers and check the legality and content of the dossiers:
+ If the application is complete and valid, the officer will receive the application, print the receipt and request the fax fee payment to the fee collector (if applicable).
+ If the application is not valid, the receiving officer will guide the applicant to supplement the application.
*Application submission time: from Monday to Friday every week (except holidays and New Year).
Step 4. Get results:
The person who comes to receive the results presents the receipt, ID card to the officer to compares and receives the entry approval letter for the foreigner.
Time: from Monday to Friday every week (except holidays and Tet holiday).
III. DOSSIERS:
Dossiers include:
Application form for granting, supplementing, amending and extending temporary residence (Form NA5)
Passport
Papers proving eligibility for consideration for issuance and extension of visas is one of the following documents: Work permit/Certificate of not being eligible for a work permit/Investment certificate; Certificate of marriage registration/Birth certificate/Document proving family relationship…
Certificate of temporary residence of the Ward Police.
Letter of authorization (if applicable)
I. IMPLEMENTING AGENCIES:
05 working days from the date of application
IV. PROCESSING TIME:
Valid for multiple times in 01 month: 10 USD
Valid for multiple times from 01 month to 03 months: 50 USD
Valid for multiple times over 03 months to 06 months: 95 USD
Valid for more than 6 months to 1 year: 135 USD
Valid for more than 1 month to 2 years: 145 USD
To save time learning about the law, filling out forms, and submitting documents, you can contact HTLaw for consultation and legal services related to Visa Extension for foreigners in Vietnam
A working visa is a document issued by a competent authority in Vietnam. Accordingly, this document is issued to foreigners working legally in Vietnam under the guarantee of a company.
Symbols are LD1 and LD2 visas, which are issued to the following subjects:
LD1 – to be granted to foreigners who come to work in Vietnam with a work permit exemption certificate, unless otherwise provided for in international treaties to which Vietnam is a member.
LD2 – to be granted to foreigners who must have a work permit in Vietnam to work.
Duration of Working Visa
This type of visa for Vietnam is valid for 02 years at maximum. If the work permit is not valid for 02 years, the duration of the working visa for foreigners will be equal to the term of the work permit. However, in reality, a working visa is issued from 3 to 6 months.
Required documents
Enterprise Registration Certificate (ERC) or Investment Registration Certificate (IRC) or The Establishment License of Representative Office (notarized copy);
Visa application form: Form
A copy of the foreigner’s passport;
Work permit (Visa LD2) or Exemption from work permit (Visa LD1) (notarized copy);
Letter of authorization
Sample letter of introduction of seal and signature: Form NA16.
Procedures for applying for a Working Visa
Step 1: Apply for a visa on arrival (performed by HT)
Prepare documents;
Submission of documents: For companies with headquarters from Da Nang northwards, submit them to the Hanoi Immigration Department. For companies with offices from Quang Nam southwards, apply to the Immigration Department of Ho Chi Minh City.
Processing time is about 5-7 working days after receiving complete and valid dossiers.
The Vietnam Immigration Department will issue a guarantee for the Immigration Official (original) and fax it to the Vietnamese Embassy/Consulate office in foreign countries where the customer has registered to receive a Business Visa.
Step 2: Receive visa (Client does)
According to the provisions of law, foreigners entering Vietnam under the guarantee of agencies or organizations are granted visas at one of the following locations:
Airport border gate international upon entry;
Embassy/Consulate of Vietnam in the country where the foreigners’ exit.
However, at present, foreigners can usually only receive visas at Vietnam’s Embassies/Consulates abroad.
Foreigners need to prepare the following documents:
Approval to enter Vietnam (copy);
Original passport;
02 photos (size 3*4cm, white background, no glasses, no hat);
Information to fill out form NA1;
Visa stamping fee;
Other documents (if applicable).
Note: Each Vietnamese Embassy/Consulate in different countries may have other application and fee requirements, so foreigners must actively contact before receiving a visa.
To save time learning about the law, filling out forms, and submitting documents, you can contact HTLaw for consultation and legal services related to Labor Visa
Immigration Department at Ho Chi Minh City or Hanoi City
II. PROCEDURE:
Step 1: Prepare the documents precribed the law
Step 2: Application:
Agencies and organizations that invite and guarantee to submit dossiers directly at the office of the Immigration Department of Hanoi (Address 44-46 Tran Phu, Ba Dinh, Hanoi) or Ho Chi Minh City (address 333-335-337 Nguyen Trai, District 1, Ho Chi Minh City) to apply.
Step 3: Officer receives the dossiers and check the legality and content of the dossiers:
+ If the application is complete and valid, the officer will receive the application, print the receipt and request the fax fee payment to the fee collector (if applicable).
+ If the application is not valid, the receiving officer will guide the applicant to supplement the application.
*Application submission time: from Monday to Friday every week (except holidays and Tet holiday).
Step 4: Get result:
The person who comes to receive the results presents the receipt, ID card to the officer to compares and receives the entry approval letter for the foreigner.
Time: from Monday to Friday every week (except holidays and Tet holiday).
III. DOSSIERS:
The dossiers include:
Letter requesting the Immigration Department to consider and approve the personnel to issue visas and grant entry permits to foreigners entering Vietnam (Form NA2);
A notaried copy of the license or decision of a competent authority on the establishment of the organization;
Document introducing the seal, signature of the authorized person of the organization (form NA16 issued together with Circular No. 04/2015/TT-BCA).
Introduction Letter
Copy of foreigner’s passport
IV. PROCESSING TIME
05 working days from the date of application.
V. PLACE TO GET VISA
Foreigners entering Vietnam under the guarantee of an agency or organization can receive a visa in one of the following places:
Foreigners can receive visas directly at the international airport border gate when entering at the international airport;
For entry through border gates by road, waterway or railway, foreigners can get visas at the Border Gate Department – Border Guard Command, Ministry of National Defense;
Foreigners can get visas at a the Embassy of Vietnam in the country where the foreigner exits.
To save time learning about the law, filling out forms, and submitting documents, you can contact HTLaw for consultation and legal services related to Entry Visa for Foreigners who is guarantee by agencies or organizations.
A relative visa is a document issued by a competent authority in Vietnam. Accordingly, this document allows spouses and children of certain foreigners or spouses and children and parents of Vietnamese citizens to travel to Vietnam for long-term living together.
According to the Law No. 51/2019/QH14 dated November 25, 2019, of the National Assembly on amendments to a number of articles of Law on entry, exit, transit and residence of foreigners in Vietnam, a relative visa (TT) is granted to:
Parents, spouses, or children of Vietnamese citizens;
Spouses or children under 18 years of age of foreigners issued with LV1, LV2, LS, DT1, DT2, DT3, NN1, NN2, DH, PV1, LD1, or LD2 visas
Duration of Relative Visa
According to the provisions of the law on entry, exit and residence of foreigners in Vietnam, a relative visa in Vietnam is valid for a maximum of 12 months. However, the duration of a visa to visit relatives in Vietnam will be at least 30 days shorter than that of a passport or international travel document.
In fact, the current visa for visiting relatives is issued from 3 to 6 months.
Required documents
The procedure to get a family/relative/spouse visa for Vietnam may vary depending on where you are at the time of application, in Vietnam or outside the country.
In case a foreigner who is holding a Vietnamese visa sponsors his relatives for a Relative visa, the documents include:
Application for a Relative visa in Vietnam:
Form NA2 is certified by the company or sponsor organization, clearly stating that the place of visa stamping is the Vietnamese Embassy/Consulate General abroad or Vietnam’s international border gate (in case the relative is abroad).
Form NA5 is certified by the sponsor company or organization (in case the relative is in Vietnam).
Passport of the relative (valid for at least 06 months, having at least 02 blank pages):
Photocopy (in case the relative is abroad).
Original (in case the relative is in Vietnam).
Copy of passport and valid visa/temporary residence card of the sponsor;
Documents proving the relationship such as a birth certificate for children, parents, marriage registration certificate for husband and wife, household registration book, family certificate, … (consular legalization and notarized translation according to regulations);
Documents of the sponsor company where the sponsor is working, including:
Enterprise Registration Certificate (ERC) or Investment Registration Certificate (IRC) or The Establishment License of Representative Office (notarized copy);
Sample letter of introduction of seal and signature and Tax registration certificate.
Letter of the introduction of the person applying.
In case a Vietnamese citizen sponsors a foreign relative to apply for a relative visa, the documents include:
Application for a relative visa in Vietnam:
Form NA3 is certified by the police at the commune level, where the Vietnamese permanently reside, clearly stating that the place of visa stamping is the Vietnamese Embassy/Consulate General abroad, or Vietnam’s international border gate (in case the relative is abroad);
Form NA5 is certified by the commune-level police, where the Vietnamese permanently reside (in case the relative is in Vietnam).
Passport of the relative (valid for at least 06 months, having at least 02 blank pages):
Photocopy (in case the relative is abroad).
Original (in case the relative is in Vietnam).
The sponsor’s identification card (notarized copy);
The sponsor’s household registration (notarized copy);
Papers proving the relationship such as a birth certificate for children, parents, marriage registration certificate for husband and wife, household registration book, family certificate, … (notarized copy)
Identity card/Citizen identity card of the sponsor (notarized copy)
Confirmation of temporary residence of the foreigner (in case the sponsor is in Vietnam).
Procedures for applying for a Visa to visit relatives
The relative is abroad
Step 1: Apply for an entry letter
Prepare documents;
Submission of documents: In case the sponsor has a household registration book/ the companies with headquarters from Da Nang northwards, submit at the Hanoi Immigration Department. In case the sponsor has a household registration book/ the companies with offices from Quang Nam southwards, apply to the Immigration Department of Ho Chi Minh City.
Processing time is about 5-7 working days after receiving complete and valid dossiers.
The Vietnam Immigration Department will issue a guarantee for the Immigration Official (original) and fax it to the Vietnamese Embassy/Consulate office in foreign countries where the customer has registered to receive a Business Visa.
Note: HT cooperates to submit documents with the sponsor
Step 2: Receive visa (Customer does)
According to the provisions of law, foreigners entering Vietnam under the guarantee of agencies or organizations are granted visas at one of the following locations:
Airport border gate international upon entry;
Embassy/Consulate of Vietnam in the country where the foreigners exit.
However, at present, foreigners can usually only receive visas at Vietnam’s Embassies/Consulates abroad.
Foreigners need to prepare the following documents:
Immigration letter (copy);
Original passport valid for at least 06 months, having at least 02 blank pages (the same passport used to apply for a visa to enter Vietnam);
02 photo cards (size 4*6, white background, no hat, no glasses);
Application for entry and exit from Vietnam;
Visa stamping fee;
Other documents (if applicable).
Note: Each Vietnamese Embassy/Consulate in different countries may have other application and fee requirements, so foreigners must actively contact before receiving a visa.
The relative is in Vietnam
In this case, the sponsor takes the following steps to apply for a family visit visa for a foreigner in Vietnam:
Step 1: Prepare and submit the application
Submission of documents: In case the sponsor has a household registration book/ the companies with headquarters from Da Nang northwards, submit at the Hanoi Immigration Department. In case the sponsor has a household registration book/ the companies with offices from Quang Nam southwards, apply to the Immigration Department of Ho Chi Minh City.
Processing time is about 5-7 working days after receiving complete and valid dossiers.
Step 2: Receive the result
On the appointment date, the sponsor/representative of the guarantee agency will bring an appointment letter to the application location to receive the result of the visit visa.
To save time learning about the law, filling out forms, and submitting documents, you can contact HTLaw for consultation and legal services related to Family Visit Visa.
1. Foreigners with meritorious services and contributions to the cause of construction and defense of the Vietnamese Fatherland are awarded medals or state honorary titles by the Vietnamese State.
2. Foreigners are scientists and experts temporarily residing in Vietnam.
3. Any foreigner sponsored by his parent, spouse, or child who is a Vietnamese citizen and has a permanent residence in Vietnam.
4. Any person without nationalities who has had a temporary residence in Vietnam from 2000 or earlier.
Article 39 Law on Immigration
2
Condition
1. Any of the foreigners mentioned in Article 39 of this Law may be granted permanent residence status if he/she has a legitimate residence and is making a decent living in Vietnam.
2. Foreigners specified in Clause 2, Article 39 of this Law must be requested by ministers, heads of ministerial-level agencies or government-attached agencies in charge of state management of such person's professional fields.
3. Foreigners who have temporarily resided in Vietnam for 03 consecutive years or more as prescribed in Clause 3, Article 40 of the Law are determined on the basis of the entry verification stamp and exit verification stamp issued at the border gate with a total period of temporary residence in Vietnam of 03 years or more in the last 4 years up to the date of submitting the application for permanent residence.
Article 40 Law on Immigration
3
Procedure
a) Application for permanent residence; (NA12)
b) Criminal record issued by the competent authority of the country of which the person is a citizen;
c) A diplomatic note from a diplomatic mission of the country, of which the applicant is a citizen, requesting grant of permanent residence status to the applicant;
d) Certified copy of passport;
đ) Papers proving eligibility to be considered for permanent residence specified in Article 40 of this Law; (documents on accommodation: house lease contract, land use right certificate, … financial documents: labor contract, bank statement, ...)
e) Letter of sponsored for foreigners specified in Clause 3, Article 39 of this Law. (certified copy of marriage certificate, temporary residence card for 3 consecutive years until the time of application)
4
Receiving agency
Immigration Department
Article 41 Law on Immigration
5
Settlement time
40 days
(Can be extended but not more than 60 days)
Article 41 Law on Immigration
6
Duration of Permernent Residnence card
10 years
To save time learning about the law, filling out forms, and submitting documents, you can contact HTLaw for consultation and legal services related to Permanent Residence Card.
Legal grounds 1.1. The Law On foreigners’ entry into, exit from, transit through, and residence in Vietnam 2014 1.2. The Law Amending and Supplementing a Number of Articles of the Law on Foreigners’ Entry in, Exit from, Transit through, and Residence in Vietnam 2019
Visa means a document issued by a competent authority of Vietnam to a foreigner to grant entry into Vietnam. Accordingly, this document allows foreigners to enter Vietnam to exchange and work with enterprises in Vietnam.
The symbols are Visa DN1 and DN2, issued to the following subjects:
Visa DN1 – granted to foreigners working with companies and other organizations that are juridical persons with the provisions of Vietnamese law.
Visa DN2 – issued to foreigners to offer services, establish a business presence, and perform other activities under international treaties to which Vietnam is a member. 2.2.The duration of the Business Visa
According to the law, a business visa is valid for no more than 12 months. However, foreigners are usually granted a 3-month Visa (single entry or multiple entries).
The 3-month multiple entries business visa is valid for 3 months and allows foreigners to enter and exit multiple times. There is often no limit to the number of entry and exit times until the Visa expires. This is a common type of Visa that foreigners use to enter Vietnam.
The 3-month business visa is valid for 3 months and allows foreigners to enter only once. Visas will expire immediately when foreigners exit Vietnam. 2.3. Required documents
Foreigner’s passport (A copy)
Certificate of Enterprise Registration (A true certified copy)
Copy of Office lease Contract (A true certified copy)
The record on the transfer of contributed assets (in some cases case) (A true certified copy)
Tax reports (if any) (A copy with hanging stamp) 2.4. Procedures for applying for a business visa
Step 1: Apply for a visa on arrival (executed by HT)
Prepare documents;
Submission of documents: For companies with headquarters from Da Nang northwards, submit them to the Hanoi Immigration Department. For companies with offices from Quang Nam southwards, apply to the Immigration Department of Ho Chi Minh City.
Processing time is about 5-7 working days after receiving complete and valid dossiers.
The Vietnam Immigration Department will issue a guarantee for the Immigration Official (original) and fax it to the Vietnamese Embassy/Consulate office in foreign countries where the customer has registered to receive a Business Visa.
Step 2: Receive visa (Customer does)
According to the provisions of law, foreigners entering Vietnam under the guarantee of agencies or organizations are granted visas at one of the following locations:
Airport border gate international upon entry;
Embassy/Consulate of Vietnam in the country where the foreigners exit.
However, at present, foreigners can usually only receive visas at Vietnam’s Embassies/Consulates abroad.
Foreigners need to prepare the following documents:
Immigration letter (photocopy);
Original passport;
02 photo cards (size 3*4, white background, no glasses, no hat);
Visa stamping fee;
Other documents (if any).
Note: Each Vietnamese Embassy/Consulate in different countries may have different application and fee requirements, so foreigners must actively contact before receiving a visa.
To save time learning about the law, filling out forms, waiting to submit the dossier, you can contact HT for advice and support for Business Visa Application.
Visa run is a short-term trip across international borders to re-establish a visa in the country of original departure.
Visa run aims to reduce costs for foreigners when their visas are about to expire but do not want to spend a lot of money when forced to exit, or for extention.
Many countries around the world enter without a visa or issue a visa for a certain period of time that a foreigner can stay in this country. A popular example is Thailand, Cambodia allows visitors with just a passport to stay in this country for 30 days without a visa.
However, up to now Cambodia still requires documents related to compliance with measures to prevent covid 19 infection, such as a negative certificate for Covid 19 by RT-PCR issued in within 72 hours before entry, certifying full dose of vaccine, etc.
2. What to prepare for Visa run?
To apply for a visa quickly, foreigners carrying out visa need to prepare the following documents:
Original passport valid for at least 06 months
Photos 3×4
Visa stamp fee
Approval letter from Immigration Department
Vaccination Certificate
3. Visa Run Process at the border gate:
Step 1: Apply for an Approval Letter from the Immigration Department
Step 2: Arrive at the border gate of that country.
Step 3: Exit at the border gate.
Step 4: Carry out entry and exit procedures in neighboring countries
Step 5: Return to the original country to carry out immigration procedures.
Step 6: Pay the fee and get the visa at the border gate.
To save time learning about the law, filling out forms, and submitting documents, you can contact HTLaw for consultation and legal services related to Visa run Vietnam.
First of all, we would like to give our warm greetings to our valued client.
Today, we would like to introduce with the client about Temporary Residence Cards(TRC). Please kindly find detail information for “Applying for temporary residence cards for foreigner” below.
1. General introduction
Temporary Residence Cards (TRC) are required for long-term foreigners living in Vietnam. This document is more convenient than visa, because of reasons as follows:
The client can get visa for 1 month, 3 months, 6 months or 1 year. If the client get visa 1 year, however, the client just stay in Viet Nam within 6 months and the client has to leave and come back Viet Nam then continue to live with the rest 6 months later.
Will be a 1 year, 02 years, 03 years or maximum 05 years residence card. The TRC replaces the need for an equivalent visa in the meantime the foreigner living in Vietnam.
2. Requirement documents
Based on the experience of advising clients on dossiers, we recognize that the records have 4 cases below:
If the applicant is an investor, the following documents should be prepared
No.
Name of document
Quantity
Type
1
Passport
1
Original
2
Investment Registration Certificate
1
Notarized copy
3
Enterprise Registration Certificate
1
Notarized copy
4
The company’s stamp registration certificate
1
Copy + Stamp by company
5
Temporary Residence Registration of ward police offices where the client is staying in Viet Nam
1
Original
6
The latest letter of visa to enter Vietnam
1
Copy
7
Photo (2×3 cm, white background)
3
8
Tax report 3 months latest
1
Copy
If the applicant is shareholder of a company in Vietnam, the following documents should be prepared:
No.
Name of document
Quantity
Type
1
Passport
1
Original
2
Enterprise Registration Certificate
1
Notarized copy
3
The company’s stamp registration certificate
1
Copy + Stamp by company
4
Written approval of capital contribution
1
Notarized copy
5
Exemption of work permit
1
Notarized copy
7
Temporary Residence Registration of ward police offices where the client is staying
1
Original
8
The latest letter of visa to enter Vietnam
1
Copy
9
Photo (2×3 cm, white background)
3
10
Tax report 3 months latest
1
Copy
If the applicant is Worker, the following documents should be prepared:
No.
Name of document
Quantity
Type
1
Passport
1
Original
2
Enterprise Registration Certificate
1
Notarized copy
3
The company’s stamp registration certificate
1
Copy + Stamp by company
4
Work permit
1
Notarized copy
5
Temporary Residence Registration of ward police offices where the client is staying
1
Original
7
The latest letter of visa to enter Vietnam
1
Copy
8
Photo (2×3 cm, white background)
3
9
Tax report 3 months latest
1
Copy
If the applicant has any relationship in Vietnam, such as wife, husband:
No.
Name of document
Quantity
Type
1
Passport
1
Original
2
Marriage certificate or Birth certificate
1
Copy legalization
3
Temporary Residence Registration of ward police offices where the client is staying
1
Original
4
The latest letter of visa to enter Vietnam
1
Copy
8
Photo (2×3 cm, white background)
3
9
If the applicant sponsored by their husband’s company or their wife’s company so they need to provide other document relate to sponsor company
Timeline
It will take 2 weeks to get it done
For more detailed information about the application and procedures to apply for a Temporary Residence Card in Vietnam, you contact HT:
Foreign workers who are working or living in Vietnam, have a Vietnamese spouse who has been granted a Temporary Residence Card (TRC LD) and wishes to convert to a Temporary Residence Card for Visiting Relatives (TRC TT) .
Do employees have to return their temporary residence card to the authorities?
After returning the LD Temporary Residence Card, can foreigners continue to stay in Vietnam and convert the LD Temporary Residence Card to TT Temporary Residence Card?
1. Principle
In principle, when a foreign worker working in Vietnam wants to convert his temporary residence card to another form of temporary residence card, the foreigner must have a reason to convert. Not all cases can be converted to visa purposes.
In case of converting from LD Temporary Residence Card to TT Temporary Residence Card, the employee will carry out the procedure to convert the LD Temporary Residence Card to a visiting relatives visa, then submit a new application for the TT Temporary Residence Card.
Note: Visiting relative visa and TT temporary residence card (visiting relatives) are completely different in terms of visa duration. To know more about the difference between a visa and a temporary residence card, please see the relevant article here.
2. Licensing authorities
If the Vietnamese spouse of the sponsored person has household registration in Hanoi, Ho Chi Minh City, the application is made respectively at the Immigration Department of Hanoi, Ho Chi Minh City.
If the sponsored person’s Vietnamese spouse has a household registration from Da Nang to the north of Vietnam, the application is made at the Immigration Department of Hanoi, 44-46 Tran Phu Street, Ba Dinh District, Hanoi.
If the Vietnamese spouse of the guarantor has a household registration from Quang Nam to the south of Vietnam, the application is made at the Immigration Department of Ho Chi Minh City, 333-335-337 Nguyen Trai Street. , District 1, TP. Ho Chi Minh.
3. The process of converting from a temporary residence card labor type to a visiting family type
Step 1:Return the Temporary Residence Card and carry out the procedures to apply for a Visitor Visa for the spouse who is a foreign worker at the Immigration Department or the Immigration Department
Conversion visiting relative visa procedure file:
Certified copy of marriage registration certificate; or consular legalization if the marriage registration certificate is issued in a foreign country.
The current labor temporary residence card (Original).
Processing time: 07 – 10 working days
Step 2: Carry out procedures to apply for a temporary residence card Visiting relatives for a spouse who is a foreign worker
Dossier for granting temporary residence card to visit relatives
Certified copy of marriage registration certificate; or consular legalization of marriage registration certificates issued in foreign countries.
Original passport of foreigner applying for TRC
Original certificate of temporary residence for foreigners issued by the Ward Police
Certified copy of household registration book of spouse who is Vietnamese
04 Photos (Size 2*3 cm, white background, no glasses, no hat)
Certified copy of ID card of Vietnamese spouse
Processing time: 07 – 10 working days
Step 3. Receive the results at the Immigration Department or the Immigration Department where you apply for a temporary residence card
4. Notes
Thus, the conversion of LD temporary residence card to TT temporary residence card can be done in Vietnam, the applicant does not need to leave the country to apply for a new family visit visa if:
The current temporary residence card is still valid
Prepare all documents as mentioned above (especially note: Decision on termination of labor contract at the place of work, guarantee of temporary residence card).
In case the current LD temporary residence card is about to expire, or the applicant cannot provide the decision to terminate the contract at the place where he/she is working/where he/she is sponsoring the LD temporary residence card. Then you have to exit the country to apply for a visa to visit relatives/visa-free. After re-entering Vietnam, prepare documents to apply for a new TT temporary residence card.
To save time learning about the law, filling out forms, waiting to submit the dossier, you can contact HT for advice and support for Convert Temporary Residence Card: Labor to Visit Relatives.
A foreign worker who has been issued with a work permit which remains valid wishes to work for another employer at the same job position and job title in the work permit.
A foreign worker who has been issued with a work permit which remains valid wishes to work for the same employer but at another job position or job title or working form in the work permit
II. The order of execution
Step 1. Register the need to use foreign workers
At least 30 days before the expected date of employment of foreign workers, the employer needs to register the need to employ foreign workers.
Estimated settlement time: 10 working days.
Step 2. Apply for a Work Permit
At least 15 working days before the date the foreign worker is expected to start working for the employer, the employer must submit an application for a work permit.
Estimated settlement time: 05 working days.
III. Dossier to apply for a Work Permit
Case 1: A foreign worker who has been issued a work permit that remains valid wishes to work for another employer at the same job position and job title in the work permit.
A written request for a work permit (Form 11)
A document issued by the former employer certifying that he/she has been working there
Enterprise Registration Certificate
A valid certified true copy of passport as per the law.
02 color photos (4cm x 6cm size, white background, front view, bare head, no color glasses), taken within 6 months before the submission date of application.
An acceptance of demand for foreign workers, unless it is not required.
A certified true copy of the current work permit
Case 2: A foreign worker who has been issued with a work permit that remains valid wishes to work for the same employer but at another job position or job title or working form in the work permit
In addition to the documents as in case 1 (except for a document issued by the former employer certifying that he/she has been working there), the foreign worker needs to prepare the following additional documents:
Documents proving that they are managers or experts as prescribed by law. As follows:
– For managers: Confirmation of working experience of at least 3 years in a manager position
– For experts: Have a university degree or higher or equivalent and have at least 3 years of working experience in specialized training that is suitable for the job position that the foreign worker is expected to work in Vietnam.
2. Oath to confirm the identity: In the case of the name of the foreign worker on the passport and on other documents is not exactly the same.
* Note:
Foreign documents must be consular legalized, except for cases where they are exempted from consular legalization under international treaties to which the Socialist Republic of Vietnam and the relevant foreign country are members or under the principle of reciprocity or as prescribed by law; translated into Vietnamese and authenticated in accordance with Vietnamese law.
To save time learning about the law, filling out forms, waiting to submit the dossier, you can contact HT for advice and support for applying Work permit.
Are you looking for a reputable and professional company providing work permit services for foreigners in Ho Chi Minh City? Applying for a work permit is a complicated procedure, involving many different legal issues. Therefore, cooperating with companies that make work permits for foreigners is the best way for businesses to save time, effort, and money while maintaining efficiency. But to ensure safety and prestige, where should you go to apply for a work permit for foreigners in Ho Chi Minh City? Let’s find out now!
1. HT Immigration & Investment Co., Ltd
Topping the list of reputable and professional service providers of work permits for foreigners is HT Immigration & Investment Co., Ltd. The company was established in 2018, with a team of staff with solid legal backgrounds, and rich experience in the field of investment and immigration. The company specializes in providing legal services for foreigners such as:
The business philosophy of HT Investment & Immigration Co., Ltd is that the customer’s success is HT’s success. Coming to HT, customers will receive a free initial consultation. And during the application process, the company always provides dedicated support to complete the work entrusted by the customer.
HT makes work permits for foreigners in Ho Chi Minh CityHT staff is consulting to clients about work permits
Visa Dat Viet is a company providing work permit services for foreigners, temporary residence cards, visas, immigration officials in Ho Chi Minh City. You can count on the service this unit provides thanks to its many years of experience in the market.
The reasons to choose Visa Dat Viet service to make work permits for foreigners include:
Visa Dat Viet is a large organization with skilled and highly specialized staff that can handle many difficult cases thanks to many years of experience in dealing with work permit issues.
The company prioritizes the most cost-effective and time-saving solutions for customers.
Stay up to date with the most recent legal filings and client statuses.
Get the results through the app on time as promised.
During the implementation process, no other costs are incurred, ensuring the lowest cost in the market.
Visa Dat Viet‘s working strategy is to take customer’s pleasure as the foundation for development and work with the word “heart” to get “reputation” from customers.
The company applies for a work permit for foreigners| Visa Dat Viet
Contact information:
Address: 25A Street, Tan Quy, District 7, HCMC
Hotline: 028 62 748 548
Email: info@visadatviet.com
Website: https://visadatviet.com/
3. Bistax Law Firm
Bistax Law Firm specializes in providing work permit services for foreigners in Saigon, visa services, temporary residence cards, business license application services, company establishment, etc. Bistax Law Firm with over 7 years of experience in the field of solving legal problems for foreigners in Ho Chi Minh City, dedicated to providing the best possible service to its clients. All staff are not only trained in solid professional skills, but also have the ability to take care of customers in the best possible way, thanks to the careful selection of personnel.
Next in the list of companies providing work permit services for foreigners that Top10tphcm would like to introduce to you is ASM Lien Viet. The unit has more than 12 years of experience in consulting and providing work permit services, successfully completing permit applications for more than 50,000 customers from more than 180 countries and territories.
The firm’s service staff are attorneys and legal experts who can answer clients’ questions and concerns and provide trusted advice. The unit provides work permit services for foreigners in Vietnam, as well as application services for international businesses and people across the country.
TinLaw Consulting Co., Ltd always puts prestige and quality first thanks to its legal understanding and 10 years of experience in handling documents for 10,000 customers. The unit specializes in handling all cases of foreigners applying for work permits, including complicated and urgent cases.
Why you should choose TinLaw Consulting Co., Ltd to make work permits for foreigners:
Work permit implementation experience spans more than ten years.
Big and reputable customers trust the company.
Always calculate the cost to save as much as possible for the customer.
Save customers time and effort.
Services provided by the company after obtaining the work permit:
Advice on granting temporary residence cards to foreigners.
Notify the employer when the work permit expires.
Consulting and supporting clients in the procedures for applying for a Vietnamese criminal record for foreigners.
Assist in the preparation of reports and employment contracts, as well as submission to relevant agencies.
Anpha Accounting Company with many years of experience has supported many foreigners to apply for work permits in Vietnam. The unit always strives to bring prestige and quality services, committed to bringing satisfaction to all customers.
Anpha Accounting Company provides work permit services for foreigners with the following services:
Apply for a work permit for the first time, renew or re-issue.
Free consultation on all relevant legal requirements
Free consultation on cases of work permit exemption
Simplify the implementation procedure thanks to the all-inclusive service chain
Save time preparing documents
Handing over the results to customers
Contact information:
Address: 202 Lê Lai, Phường Bến Thành, Quận 1, TPHCM
Hotline: 0938 268 123 | (028) 62 704 111
Website: https://ketoananpha.vn/
7. Visana
Last in the list of companies providing work permit services for foreigners that Top10tphcm would like to introduce to you is VISANA. With more than ten years of experience in the field of making work permits, the company understands the needs of every customer looking for services. Since then, the unit has developed a set of standard services that enable employees to provide the best customer service possible.
Customers using VISANA’s work permit application service for foreigners will receive the following:
Consulting on regulations for foreigners applying for a work permit in Vietnam.
Advice on applying for a work permit in accordance with regulations.
Consulting procedures to apply for a criminal record card for foreigners in Vietnam.
Advice on procedures and places to apply for a health certificate to get a work permit.
Consulting and supporting notarized translation, consular legalization of work permit applications.
Complete the required declarations.
Check the logic of the application for a work permit in Vietnam.
Consulting cases not subject to work permit issuance and carrying out the process of confirming cases not subject to work permit issuance.
After receiving the work permit, they will be guided free of charge through related procedures such as applying for a temporary residence card for foreign workers, etc.
Contact information:
Address: Room 503, OT1 Building Saigon Royal Residences, No. 9 Nguyen Truong To, Ward 12, District 4, HCMC
The current situation of the US visa interview schedule is full until 6/2023. Should greatly affect the schedule of customers who are planning to go on a business trip/travel/visit relatives/settle down. So what is the reason for your application to be able to request an urgent appointment.
Conditions for being granted an urgent appointment for the following reasons: – Humanitarian reasons: Visiting critically ill relatives. – Reason for work: Urgent business trip greatly affects the company’s development in the US and Vietnam.
Above are 2 main reasons for you to book an urgent appointment for US Visa.
❤️ If you want to get a visa for the US, UK, Australia, Canada, Europe, or Japan, please contact HT for further consultation. In addition, HT also provides Vietnam visa support for foreigners.
To save time learning about the law, filling out forms, waiting to submit the dossier, you can contact HT for advice and support for The USA, UK, Schengen, Canada, Australia & Japan services.
Today, HT completed 2 Australian business visas for customers. This is a 3-year visa, multiple entry, 3 months each time. Visa is issued after 8 working days.
HT specializes in providing tourist, business and family visit visa services to the US, Canada, Australia, UK and Europe. At the same time, HT also supports making APEC cards for Vietnamese businessmen who often go abroad on business.
To save time learning about the procedure, filling out forms, waiting to submit the dossier, you can contact HT for advice and support for Visa services.
According to Clause 1, Article 2, Law on Criminal Records No. 28/2009/QH12 provides a clear definition of criminal record:
“Judicial record means a record of previous criminal conviction(s) of a person convicted under a criminal court judgment or ruling which has taken legal effect, the state of his/her execution of the judgment and a ban on this person’s holding of certain posts, or establishment or management of enterprises or cooperatives in case enterprises or cooperatives have been declared bankrupt by court.”
II. Types of Judicial record
There are two types of judicial record cards:
– Judicial record card no. 1: issued to individuals, agencies and organizations upon request.
– Judicial record card no. 2: issued to the procedure-conducting agency to serve the investigation, prosecution, trial and and at the request of individuals who want to know their judicial records.
III. Competence to issue judicial record cards
The National Center for Judicial Records shall issue judicial record cards to the following persons:
a/ Vietnamese citizens whose places of permanent or temporary residence are unidentifiable;
Provincial-level Justice Departments shall issue judicial record cards to the following persons:
a/ Vietnamese citizens permanently or temporarily residing in Vietnam;
b/ Vietnamese citizens currently residing overseas;
c/ Foreigners currently residing in Vietnam.
IV. Order of issuance of criminal record card
Step 1: Submit your application at the following competent authorities:
– Vietnamese citizens shall submit their declarations to Department of Justice in localities where they permanently reside. In case they have no place of permanent residence, they shall submit such a declaration to Department of Justice in the locality where the requester temporarily resides. A requester residing overseas shall submit such a declaration to the Department of Justice in the locality where he/she resided before his/her departure
– Foreigners residing in Vietnam shall submit their declarations to provincial-level Justice Departments in localities where they reside. In case they have left Vietnam, their declarations shall be submitted to the National Center for Judicial Records.
– Agencies or organizations send a written request to Department of Justice in localities where persons requested to be issued judicial record cards permanently or temporarily reside. In case it is impossible to identify places of permanent or temporary residence of persons requested to be issued judicial record cards, written requests shall be sent to the National Center for Judicial Records.
Step 2: Get results at the place of application.
V. Profile composition
– A declaration requesting the issuance of a judicial record card (according to the form);
– A photo of the identity card or passport (show the original for comparison);
– A photo of the household registration book or certificate of permanent or temporary residence (show the original for comparison) or a certification of the competent authority of the place of residence.
– Authorization document (if applicable)
– Papers to prove that they are eligible for exemption or reduction of criminal record fees (if applicable)
* Note:
– Individuals may authorize other persons to carry out procedures for requesting the issuance of judicial record cards. The authorization must be established in writing under law. In case a requester for a judicial record card is a parent, spouse or child of the person requested to be issued a judicial record card, no written authorization is required.
– In case individuals who request the issuance of a judicial record card no. 2 may not authorize others to carry out procedures for such request.
– In case the original is not available for comparison, a certified copy shall be submitted as prescribed by law.
VI. Settlement time
– Within 10 days from the date of receiving a valid request.
– In case the person requested for issuance of a criminal record card is a Vietnamese citizen who has resided in many places or has resided abroad for a period of time, a foreigner, in case of having to verify the automatic conditions for criminal record remission, the time limit shall not exceed 15 days.
VII. Fees
According to Circular No. 244/2016/TT-BTC, the fee for issuance of criminal record cards is regulated as follows:
– Normally: 200,000 VND/time/person.
– For students, people with meritorious services to the revolution, relatives of martyrs (including biological fathers, natural mothers, wives (or husbands), children (natural children, adopted children), people who have contributed to raising martyrs): 100,000 VND/time/person.
– In case the requester for issuance of criminal record card requests the superior to issue 02 judicial record cards in one request, from the 3rd card onward, the fee-collecting organization may collect an additional 5,000 VND/card.
– Cases of free provision of criminal record information include: Children; Elderly; People with disabilities; People of poor households and people residing in extremely difficult communes, ethnic minorities in communes with extremely difficult socio-economic conditions, border communes, safe zone communes according to regulations of the laws.
To save time learning about the law, filling out forms, waiting to submit the dossier, you can contact HT for advice and support for Judicial record legal services.
1. When the temporary residence card is damaged or lost, do foreigners need to get confirmation of the loss or damage somewhere?
Foreigners who lose or damage their temporary residence card for any reason do not need to notify or ask for confirmation of the loss or damage, but only need to complete the procedures for applying for a temporary residence card.
2. Notes when re-issuing temporary residence cards to foreigners in case the card is lost or damaged
– Passport validity period is at least 13 months.
– For the case of foreign workers: The work permit or work permit exemption certificate of foreigners must be full 12 months (In case the work permit or work permit exemption certificate is no longer full 12 months, this case must be transition to visa issuance);
– For investors, they can apply for a temporary card with a temporary residence period equal to the term of the old card or longer than the term of the old card, but not exceeding 5 years as prescribed.
– For people with spouses, children with Vietnamese mothers, they can apply for a temporary residence card with an equivalent term of the old temporary residence card or can apply for a longer term but not exceeding 5 years according to the law.
– When applying for a temporary residence card, the person who loses or damages the card must have a written explanation clearly stating the loss or damage of the card attached to the application for a temporary residence card presented below.
3. Application for re-issuance of temporary residence card due to damage or loss
A. Dossier to apply for a temporary residence card for foreigners by the company/organization guaranteeing the foreigner
– Declaration for temporary residence card according to Form NA6, NA8 (01 original for each declaration)
– Original damaged passport/temporary residence card
– An application for the loss of a temporary residence card
– 02 2x3cm photos (01 photo glued to the NA8 declaration, 01 photo attached to the profile)
– 01 Declaration of online temporary residence or confirmation of temporary residence issued by the commune or ward police.
– Letter of introduction from the company/organization sending employees to carry out procedures for granting temporary residence card.
Request documents for each specific case
– 01 certified true copy of the work permit or the work permit exemption certificate, for the case of applying for a temporary residence card of the LD 1 and LD 2 employment categories.
– 01 certified true copy of the Business Registration/Investment License and 01 certified true copy of the document proving the capital contribution to the company in Vietnam in case the investor applies for temporary cards DT 1, DT 2, DT3
– 01 Vietnamese translation and notarized copy of documents proving family relationship such as Birth Certificate, Marriage Registration Certificate, Family Relationship Certificate, Household Registration…. for the school In case of applying for a temporary relative card of a foreigner who is working at an enterprise/organization.
B. Application file for re-issuance of temporary residence card for foreigners under the family visit program guaranteed by Vietnamese citizens
– Declaration for temporary residence card according to Forms NA7, NA8 (01 original for each declaration)
– Original damaged Passport/Visa/Temporary residence card
– An application for the loss of a temporary residence card
– 02 2x3cm photos (01 photo glued to the NA8 declaration, 01 photo attached to the profile)
– 01 Certified true copy or notarized translation of documents proving the kinship relationship (Birth certificate, Marriage registration certificate, Family relationship certificate, Household registration .. .. (Depending on the relationship, appropriate documents should be provided).
4. Procedures for submitting documents and receiving results for temporary residence cards for foreigners
A. Submit an application for a temporary residence card
– Submit at the Immigration Department of the police station of the province or city where the enterprise or company is headquartered and the individual sponsoring relatives have a permanent or temporary residence or at the Immigration Department in Hanoi and Ho Chi Minh City
– Pay a fee when submitting the application at the place of receiving the application for a temporary residence card. The fee for applying for a temporary residence card can be paid in Vietnamese Dong (VND) or US Dollars (USD). Do not accept other foreign currencies or pay by card, online transfer.
B. Receive the result of submitting the temporary residence card at the Immigration Office
– Results of the temporary residence card will be returned within 05 working days as prescribed.
In order to save time to learn the procedures, fill out the form, translate, notarize, and wait for the application to be submitted, you can contact HT for Re-issuance of Temporary Residence Card.
To be precise, work permit exemption is a way of calling foreign workers who are not subject to work permits.
Thus, cases of work permit exemption will not have to carry out the procedure for applying for a work permit anymore, but will carry out another procedure to apply for a confirmation that they are not eligible for a work permit.
2. Subjects exempted from work permits
According to the provisions of Article 154 of the Labor Code No. 45/2019/QH14 and Article 7 of Decree 152/2020/ND-NP, there are currently 20 cases that are not eligible for work permits, also known as exemptions from work permits. work permit, specifically as follows:
The foreigner is the head of a representative office or project or is primarily responsible for the operation of an international organization or foreign non-governmental organization in Vietnam.
Foreigners entering Vietnam with a term of less than 3 months to make a service offering.
Foreigners entering Vietnam with a term of less than 3 months to handle problems, technical situations, complex technologies that arise affecting or potentially affecting production and business that Vietnamese experts and foreign experts currently in Vietnam can’t handle it.
Foreigners are foreign lawyers who have been granted a license to practice law in Vietnam in accordance with the Law on Lawyers.
Foreigners falling into the cases prescribed by international treaties to which the Socialist Republic of Vietnam is a contracting party.
Foreigners marrying Vietnamese and living in Vietnamese territory.
Foreigners are owners or capital contributors of a limited liability company with a capital contribution value of VND 3 billion or more.
Foreigner who is the chairman of the Board of Directors or a member of the Board of Directors of a joint-stock company with a capital contribution value of 3 billion VND or more.
Foreigners moving within enterprises within 11 service industries in Vietnam’s service commitment schedule with the World Trade Organization, including: business, information, construction, distribution, education education, environment, finance, health, tourism, culture, entertainment and transport.
Foreigners entering Vietnam to provide professional and technical consulting services or perform other tasks in service of research, construction, appraisal, monitoring, evaluation, management and implementation programs and projects using official development assistance (ODA) according to regulations or agreements in international treaties on ODA signed between competent Vietnamese and foreign agencies.
Foreigners are licensed by the Ministry of Foreign Affairs to operate information and press activities in Vietnam in accordance with law.
Foreigners who are sent to Vietnam by competent foreign agencies and organizations to teach and conduct research at international schools under the management of foreign diplomatic missions or the United Nations; establishments and organizations established under agreements that Vietnam has signed or joined.
Volunteers are foreign workers working in Vietnam voluntarily and without pay to implement international treaties to which the Socialist Republic of Vietnam is a signatory and certified by the foreign diplomatic representatives or international organizations in Vietnam.
Foreigners entering Vietnam to work as managers, executives, experts or technical workers for less than 30 days and not more than 03 times in a year.
Foreigners entering Vietnam shall comply with international agreements signed by central and provincial agencies and organizations in accordance with law.
Foreign students studying at overseas schools and training institutions that have an internship agreement in agencies, organizations and enterprises in Vietnam; Foreign students do internships on Vietnamese ships.
Relatives of members of foreign representative missions in Vietnam are allowed to work in Vietnam according to the provisions of international treaties to which the Socialist Republic of Vietnam is a signatory.
Foreigners holding official passports to work for state agencies, political organizations, and socio-political organizations.
Foreigners are responsible for establishing a commercial presence.
Foreigners are certified by the Ministry of Education and Training as foreign workers entering Vietnam for teaching and research purposes.
3. Dossier for work permit exemption
According to the provisions of Article 8 of Decree 152/2020/ND-CP, the application for certification of not being eligible for a work permit includes:
A written request for confirmation that the foreign worker is not eligible for a work permit according to Form No. 09/PLI;
Health certificate issued within 12 months;
Written approval of the need to employ foreign workers, except for cases where the need to employ foreign workers is not required;
Certified copy of valid passport as prescribed by law;
Documents to prove that the foreign worker is not eligible for a work permit.
Documents issued in Vietnam must be originals or notarized copies, and papers issued abroad must be consular legalized (unless they are exempt from consular legalization), they must be notarized translated into Vietnamese.
4. Procedures for applying for exemption from work permits for foreigners
Step 1: Apply for a letter of approval to use foreign workers
This step is detailed in Article 4 of Decree 152/2020/ND-CP as follows:
First, the employer will prepare the following documents: – Notarized copy of enterprise registration certificate; – A written explanation of the need to use foreign workers, Form 01/PLI or a written explanation of changes in the need to use foreign workers, Form 02/PLI, if the need for foreign workers changes;
Then, at least 30 days before the date, the foreign worker is expected to start working, the employer must submit the above dossier to the Ministry of Labor, War Invalids and Social Affairs or the Provincial People’s Committee, the city directly under the central government where the foreign worker is expected to work to apply for written approval of the need to employ foreign workers.
Within 10 working days from the date of submission of complete dossiers of explanation, the employer will receive a written approval of the need to employ foreign workers according to Form 03/PLI. In case it is not granted, the Ministry of Labor, War Invalids and Social Affairs or the Provincial People’s Committee will give a written explanation of the reason.
Step 2: Please confirm that you are a foreign worker who is not eligible for a work permit
In this step,
Employers and employees prepare a set of documents including the documents mentioned in the section Dossiers of work permit exemption.
Then, at least 10 days before the date the foreign worker starts working, the foreign employer must submit this dossier to the Ministry of Labor – Invalids and Social Affairs or the Department of Labor – Invalids and Social Affairs in the province where the foreign worker will work.
Within 05 working days from the date of submission of complete documents, the employer will receive a confirmation of exemption from work permits for foreign workers according to Form 10/PLI. In case of refusal, the foreign employer will receive a written reply with specific reasons.
5. Note
According to the provisions of Articles 4 and 8 of Decree 152/2020/ND-CP, the following cases are exempted from the step of applying for a written approval of the need to employ foreign workers and or applying for a work permit exemption confirmation.
1. Exemptions from applying for a written approval of the need to employ foreign workers
There are 6 subjects exempt from work permits that do not have to go through the step of determining the need to use foreign workers, but must go through the step of applying for a confirmation that they are not eligible for a work permit, which are:
To be the head of a representative office or projector to take main responsibility for the operation of international organizations or foreign non-governmental organizations in Vietnam.
Entering Vietnam for less than 3 months to handle problems, technical situations, and complicated technologies that affect or threaten to affect production and business that Vietnamese experts and foreign experts currently in Vietnam cannot handle it.
Enter Vietnam to implement international agreements signed by central and provincial agencies and organizations in accordance with law.
Pupils and students studying at overseas schools and training institutions that have agreements on internships in agencies, organizations and enterprises in Vietnam; Trainees and trainees on Vietnamese ships.
Having an official passport to work for state agencies, political organizations, and socio-political organizations.
Person is responsible for establishing a commercial presence.
2. Cases in which the procedure for applying for a work permit is exempted
There are 2 cases of work permit exemption, which are exempted from the procedure of applying for a confirmation that they are not subject to a work permit. However, the employer must apply for written approval of the need to employ foreign workers at least 30 days before the expected date of commencement of work for the foreigner, and at least 3 days before the expected date of employment. In this regard, the employer must report to the Ministry of Labor – War Invalids and Social Affairs or the Department of Labor – War Invalids and Social Affairs where the foreign worker is expected to work information: full name, age, nationality, passport number, name of a foreign employer, start and end date of employment.
These two cases are:
Foreign lawyers who have been granted a license to practice law in Vietnam in accordance with the Law on Lawyers.
Foreigners marry Vietnamese and live in Vietnamese territory.
3. Cases that are exempted from both steps of determining the need to use foreign workers and applying for a work permit exemption
There are 5 cases where both steps are exempted in the work permit exemption procedure. However, at least 3 days before the expected date for the foreigner to start working, the employer must report to the Ministry of Labor, War Invalids and Social Affairs or the Department of Labor, War Invalids and Social Affairs where the employee is located. Foreign workers are expected to work information: full name, age, nationality, passport number, name of a foreign employer, start and end date of employment.
These 5 cases include:
Foreigners entering Vietnam with a term of fewer than 3 months to make a service offering.
Foreigners are owners or capital contributors of a limited liability company with a capital contribution value of VND 3 billion or more.
A foreigner who is the Chairman of the Board of Directors or a member of the Board of Directors of a joint-stock company with a capital contribution value of 3 billion VND or more.
Foreigners enter Vietnam to work as managers, executives, experts, or technical workers for less than 30 days and not more than 03 times a year.
Foreigners who are relatives of members of foreign representative missions in Vietnam are allowed to work in Vietnam according to the provisions of international treaties to which the Socialist Republic of Vietnam is a contracting party.
In order to save time to learn the procedures, fill out the form, translate, notarize, and wait for the application to be submitted, you can contact HT for Work permit exemption certificate.
Work permit (working permit) or more precisely, a work permit for foreigners to work in Vietnam. This is a type of document issued by a competent authority in Vietnam to foreign workers when they meet certain conditions as prescribed by law.
Foreign workers who are granted work permits are considered to work legally and have their legitimate rights and interests protected in labor relations.
A work permit is also one of the necessary documents for employees to carry out procedures related to immigration and temporary residence.
Violations of the law on work permits can be administratively sanctioned.
2. How many types of work permits are there?
Current types of work permits include:
Work permits for foreigners to work in Vietnam in the form of labor contracts.
Work permit for foreigners to work in Vietnam in the form of intra-company transfer with a commercial presence in Vietnam
Work permits for foreigners to work in Vietnam in the form of performing various economic, commercial, financial, banking, insurance, scientific and technical, cultural, sports, educational contracts education, healthcare, contract service providers.
Work permits for foreigners to work in Vietnam in the form of representatives of foreign non-governmental organizations permitted to operate in accordance with Vietnamese law.
Above are the types of work permits according to the current regulations of the Vietnamese state. Workers need to understand the different types of work permits in order to apply for the right type of permit.
3. Dossier to apply for a Work Permit
A written request for a work permit for a foreign worker.
A health certificate or medical examination certificate issued by a competent foreign or Vietnamese medical agency or organization is valid for 12 months from the date of signing the health conclusion to the date of submission of the application.
Judicial record card or document certifying that the foreign worker is not a criminal or is being examined for penal liability by a foreign country. The LLTP card or the document certifying that the foreign worker is not a criminal or is being examined for penal liability shall be issued within 06 months from the date of issue to the date of application submission.
Written approval of the need to employ foreign workers.
Proof of being a manager, executive officer, specialist, or technical worker.
02 color photos (size 4cm x 6cm, white background, straight face, bare head, not wearing colored glasses), photos were taken within 06 months from the date of application.
A certified true copy of passport or valid document in lieu of passport or valid international travel document.
4. The order of execution
Step 1.Register the need to use foreign workers
At least 30 days before the expected date of employment of foreign workers, the employer needs to register the need to employ foreign workers.
Dossier for implementation: A written explanation of the need to employ foreign workers.
Estimated lead time: 10 working days.
Step 2.Apply for a Work Permit
At least 15 working days before the date the foreign worker is expected to start working for the employer, the employer must submit an application for a work permit.
Estimated implementation time: 05 working days.
In order to save time to learn the procedures, fill out the form, translate, notarize, and wait for the application to be submitted, you can contact HT for Work permit services.
Extension of a work permit for a foreigner is an extension of the term of a work permit that is about to expire, so that a foreigner can continue to work legally in Vietnam according to the correct position, title and employer in the work permit is about to expire.
2. How many times can a work permit be renewed?
According to the provisions of Article 19, Decree 152/2020/ND-CP, a work permit can only be extended once.
If the employee, after having extended once, wants to continue working at the enterprise at the same position, he/she must apply for a new work permit.
3. When should a work permit be renewed?
The work permit needs to be extended at least 05 days before the expiration date, but not more than 45 days. Therefore, both the foreign worker as well as the human resources department of the company employing foreign workers need to pay attention to the expiry date of the issued work permit.
4. Work permit extension period
According to the provisions of Article 19 of Decree 152, an extended work permit has a maximum term of 2 years and must comply with one of the following deadlines:
Time limit for the foreign party to send foreign employees to Vietnam to work.
The duration of the contract or agreement signed between the Vietnamese partner and the foreign partner.
The term of the contract or service provision agreement signed between the Vietnamese partner and the foreign partner.
Time limit in the document the service provider sends foreign employees into Vietnam to negotiate service provision.
Time limit stated in the operation license of the agency, organization or enterprise.
Time limit is stated in the document of the service provider sending the foreign employees to Vietnam to establish a commercial presence.
The time limit in the document proving that the foreign employees is allowed to participate in the operation of a foreign enterprise that has established a commercial presence in Vietnam.
The time limit in the written approval to employ foreign employees (if necessary as prescribed by law).
5. Work Permits Extension Documents
Below is a detailed list of documents to apply for a work permit extension for foreigners:
A written request for extension of a work permit, made according to Form No. 11/PLI
02 4*6cm color photos with white background, taken within 06 months;
A notarized copy of the granted valid work permit;
Written approval of demand for foreign employees;
Certified copy of valid passport (all pages);
Certificate of health examination within 12 months (if issued in Vietnam, bring the original/certified true copy, if examined abroad, it must be a consular legalized copy, notarized translation into Vietnamese);
Papers proving that the foreign worker continues to work for the employer according to the contents of the issued work permit. Papers issued by foreign countries must be consular legalized and notarized translated into Vietnamese.
Thus, compared to renewing a work permit, the application for a work permit extension will be simpler because the applicant does not need to prepare:
Criminal Records;
Diploma, proof of experience.
6. Work permit extension procedure
Similar to the procedure for applying for a new work permit, the procedure for applying for a work permit extension for foreigners also includes two steps as follows:
Step 1: Explain the need to use foreign workers
In this step, the employer will need to complete the Document explaining the change in demand for the use of foreign workers Form 02/PLI, sign and seal as required.
Then, at least 30 days before the expiry date of the current work permit, the employer must submit this Explanatory Document to the Ministry of Labor, Invalids and Social Affairs or the approved Provincial People’s Committee for the demand for foreign workers in the past.
Within 10 working days, the Ministry of Labor, Invalids and Social Affairs or the Provincial People’s Committee will issue a written approval of the need to use foreign workers according to the form Form 03/PLI.
Step 2: Apply for a foreign work permit extension
In this step, the employer and the employee prepare 01 set of documents mentioned in the section Dossier for extension of work permit.
Then, at least 05 days but not more than 45 days before the work permit expires, the employer submits a set of dossiers of application for extension of the work permit to the Ministry of Labor, War Invalids and Social Affairs or the Department of Labor – War Invalids and Social Affairs issued the work permit.
After 05 working days, the employer will receive the renewed work permit.
In order to save time to learn the procedures, fill out the form, translate, notarize, and wait for the application to be submitted, you can contact HT for Work permit Extension.
To help you less confused when applying for a visa to go abroad, HT would like to summarize 4 main types of documents that need to be prepared to apply for a visa. However, depending on the country, the prepared documents will be different, may be simpler, may be more complicated, can be submitted online or in hard copy, use fingerprints or an interview. To make your trip abroad easier and faster, HT has visa services for the US, Canada, Europe, UK, and Australia. Pleasecontact HT for more detailed advice!
1. Personal Documents when applying for a foreign tourist visa
Passport valid for 6 months from departure date and still have a blank page for visa stamp
02photos size3.5*4.5. Note that the photos must be wearing a shirt with a collar and exposing the ears
Identity card for people over 14 years old and copy of birth certificate for children under 14 years old (copy, notarized).
Household book (copy, notarized all pages).
Certificate of marital status, marriage certificate or divorce certificate (copy, notarized).
Depending on the purpose of the visa, the Embassy or Consulate may require you to prepare additional documents. For example, if you want to apply for a family visit visa to Canada, you will need to submit additional documents confirming your relationship with the person in Canada; Original invitation letter, confirmation of family relationship, photocopy of Canadian passport, 2-sided copy of the inviter’s residence card).
2. Work Proving Documents when applying for a foreign tourist visa
If you are an employee working for a business or organization, you will need to prepare:
Labor contract (if working as a private agency) or a decision on appointment of a position (if working as a state agency)
Salary slip for the last 3 months
Leave application form (original, stating the country to travel)
If the visa applicant is still a student, the Embassy/Consulate will require:
Student ID card and confirmation of being a student confirmed by the school
Application for leave of absence from school
If Bussiness Owner
Business registration license with the owner name on it.
With some more “fastidious” countries, business owners will need to prepare additional supporting documents. For example, if you are applying for an Australian tourist visa as a business owner, you will need to submit a Tax Return for the last 3 months.
3. Financial proof when applying for a foreign tourist visa
When making visas for Vietnamese people, countries with strong financial backgrounds want documents with stable economic and financial conditions to avoid illegal immigration. There are 3 most common types of documents proving financial ability:
Bank Book
The Embassy/Consulate not only needs you to have a large amount of money in your savings book, but also wants to be proven that it is a legal amount with a clear accumulated origin.
Bank account statement with balance above the specified amount
(Depending on the requirements of each country you need to apply for a visa. For example, the application for a visa to France will require an account balance of more than 15000$)
Certificate of right to use and own valuable assets such as Cars, Real Estate. This will be a factor to help your visa pass rate increase
4. Proof of travel plans when applying for a visa to go abroad
Your foreign tourist visa procedure will need to prepare additional documents verifying your journey. For example: Confirmation of hotel reservation, air ticket; itinerary and trip insurance (if necessary); Travel insurance meets the standards set by a number of countries.
In order to save time to find out the procedure, fill out the form, notarize, waiting for the application to be submitted, you can contact HT for advise and support for theAbroadVisa application.
Foreign workers change their last name and name, nationality, passport number, and working location stated in the valid work permit.
Note: Previously, the work permit was valid for at least 5 days but not more than 45 days. But according to the provisions of Decree 152/2020/ND-CP effective from 15/02/2021, this case is subject to a work permit extension. Foreign workers whose valid work permits are lost,
2. Dossier for re-issuance of work permit
To apply for a work permit re-issuance, the employer and the foreign worker will have to prepare the following documents:
Sample of the employer’s written request for re-issuance of a work permit according to regulations, Form No. 11/PLI (Original)
02 color photos 4cm x 6cm, white background, taken within 06 months from the date of application submission
Written approval of the need to employ foreign workers, except for cases where the need to employ foreign workers is not required (original or notarized copy)
Expired work permit. In case the work permit is lost, it
must be certified by the commune-level police office where the foreigner
resides (original or notarized copy); or a foreign competent authority as
prescribed by law (consular legalization and notarized translation into
Vietnamese, unless exempted from consular legalization);
Papers proving the change in the contents of the work permit (original or notarized copy if it is a Vietnamese document, a consular legalization copy and notarized translation into Vietnamese if it is issued by a foreign country unless exempt from consular legalization).
After discovering the loss of a work permit, a damaged work permit, or a change in information about full name, date of birth, nationality, passport number, passport issue date, and working location compared to the original document. If the work permit is in use, the employee must report to the employer as well as perform other necessary work, for example, obtain a confirmation from the competent authority in case of loss of the work permit. .
Step 2: Prepare the application for re-issuance of the work permit
In this step, the employer and the employee will prepare a full set of 4 types of documents mentioned in the above profile section.
Step 3. Submit an application for re-issuance of work permit for foreigners
The application for re-issuance of a work permit will be submitted to the Ministry of Labor, Invalids and Social Affairs or the provincial Department of Labor, War Invalids and Social Affairs that issued the lost, damaged, or altered work permit information.
Step 4. Get Result
The employer will receive a re-issued work permit or a written refusal to re-issue it with reasons within 03 working days from the date of receipt of a complete dossier of application for a work permit re-issuance.
Above is the entire procedure for re-granting a work permit for foreign workers in Vietnam.
4. Term of work permit re-issuance
The term of the re-issued work permit is equal to the term of the issued work permit minus the time the foreign worker has worked up to the time of applying for the re-issuance of the work permit. This is clearly stated in Article 15 of Decree 152/2020/ND-CP.
In order to save time to learn the procedures, fill out the form, translate, notarize, and wait for the application to be submitted, you can contact HT for Re-issuance of work permits services.
Article 3 of Law No. 47/2014/QH13 on Entry, exit, transit and residence of foreigners in Vietnam in 2014 clearly defines temporary residence card (Vietnam temporary residence card).
Accordingly, “Temporary residence card is a document issued by an immigration management agency or a competent agency of the Ministry of Foreign Affairs to a foreigner who is allowed to reside in Vietnam for a definite time, and the temporary residence card has a replacement value. visa (visa)”.
2. Types of Temporary Residence Cards
Foreigners enter by visa with symbols LV1, LV2, LS, ĐT1, ĐT2, ĐT3, NN1, NN2, DH, PV1, LĐ1, LĐ2, TT.
In which, the most popular types of temporary residence cards are:
Kí hiệu
Đối tượng
Thời hạn thẻ tạm trú
ĐT1
Cấp cho nhà đầu tư nước ngoài tại Việt Nam và người đại diện cho tổ chức nước ngoài đầu tư tại Việt Nam có vốn góp giá trị từ 100 tỷ đồng trở lên hoặc đầu tư vào ngành, nghề ưu đãi đầu tư, địa bàn ưu đãi đầu tư do Chính phủ quyết định.
Không quá 10 năm.
ĐT2
Cấp cho nhà đầu tư nước ngoài tại Việt Nam và người đại diện cho tổ chức nước ngoài đầu tư tại Việt Nam có vốn góp giá trị từ 50 tỷ đồng đến dưới 100 tỷ đồng hoặc đầu tư vào ngành, nghề khuyến khích đầu tư phát triển do Chính phủ quyết định.
Không quá 05 năm.
ĐT3
Cấp cho nhà đầu tư nước ngoài tại Việt Nam và người đại diện cho tổ chức nước ngoài đầu tư tại Việt Nam có vốn góp giá trị từ 03 tỷ đồng đến dưới 50 tỷ đồng.
Không quá 03 năm.
LĐ1
Cấp cho người nước ngoài làm việc tại Việt Nam có xác nhận không thuộc diện cấp giấy phép lao động, trừ trường hợp điều ước quốc tế mà Việt Nam là thành viên có quy định khác.
Không quá 02 năm.
LĐ2
Cấp cho người nước ngoài làm việc tại Việt Nam thuộc diện phải có giấy phép lao động.
Không quá 02 năm.
TT
Cấp cho người nước ngoài là vợ, chồng, con dưới 18 tuổi của người nước ngoài được cấp thị thực ký hiệu LV1, LV2, LS, ĐT1, ĐT2, ĐT3, NN1, NN2, DH, PV1, LĐ1, LĐ2 hoặc người nước ngoài là cha, mẹ, vợ, chồng, con của công dân Việt Nam.
Không quá 03 năm.
3. Benefits for Temporary Residence Card Holder
The temporary residence card holder will have the following benefits:
Foreigners who have been granted temporary residence cards may sponsor their grandfathers, grandmothers, fathers, mothers, wives, husbands and children to visit Vietnam;
Once a foreigner has been granted a lawful temporary residence card, a foreigner has the right to sponsor their spouse and children under 18 years of age to live with them while the temporary residence card is still valid and is invited or guaranteed by an agency or organization;
Holders of temporary residence cards are exempted from visas upon entry or exit during the validity of their temporary residence cards.
4. HT Services related to temporary residence card
In order to save time to find out the procedure, fill out the form, notarize, waiting for the application to be submitted, you can contact HT for advise and support for the Temporary Residence Card.
1. How many days in advance should we renew the Temporary Residence Card?
Foreigners or enterprises or organizations employing foreign employees shall submit an application for extension of their temporary residence card no later than the last day of the validity of the temporary residence card. However, to ensure the procedure, it is recommended to submit the extension application 5 to 10 working days before the expiration of the temporary residence card.
2. Dossier for extension of temporary residence card for foreigners by company/organization guaranteeing foreigners.
Application form for temporary residence card according to Form NA6, NA8 (01 original for each declaration)
Original Passport/Visa/Old Temporary Residence Card
02 photos 2x3cm
A declaration of temporary residence or confirmation of temporary residence issued by the commune or ward police station.
Letter of introduction from the company/organization sending employees to carry out procedures for granting temporary residence card.
– For Labor Temporary Residence Card: 01 notarized copy of the work permit or work permit exemption for the case of applying for a temporary residence card LD1, LD2
– For Investment Temporary Residence Card: 01 notarized copy of the business registration/investment license and 01 notarized copy of the document proving the capital contribution to the company in Vietnam in case the investor applies for temporary residence cards DT1, DT2, DT3
– For Relative Temporary Residence Card: 01 translation into Vietnamese and notarized copies of documents proving the relationship such as Birth Certificate, Marriage Registration Certificate, Family Relationship Certificate, Household Registration…. for cases apply for a Relative Temporary Residende Card of a foreigner who is working at an enterprise/organization.
3. Dossier for extension of temporary residence card for foreigners under the family visit program sponsored by Vietnamese people
Application form for temporary residence card according to Forms NA7, NA8 (01 original for each declaration)
Original Passport/Visa/Old Temporary Residence Card
02 2x3cm photos (01 photo pasted on the NA8 declaration form)
01 Notarized copy or notarized translation of documents proving the relationship of relatives, spouses, parents, grandparents … (Birth certificate, Marriage registration certificate, Certificate of family relationship, Household registration … (Depending on the relationship, it is necessary to provide appropriate documents).
-Immigration Department Southern Office: No. 333 Nguyen Trai Street, District 1, Ho Chi Minh City (Submitted to all businesses, companies and individuals in the Southern provinces, Central Highlands, South Central Coast)
– Immigration Department of Ho Chi Minh City Police: No. 196 Nguyen Thi Minh Khai, Ward 6, District 3, Ho Chi Minh City (Receiving documents for companies based in the city or individuals sponsoring foreigners with permanent or temporary residence in the city).
– The processing of applications for temporary residence cards will be conducted by the Immigration Office within 5 working days as prescribed.
– Applicants for temporary residence cards will receive results directly at the Immigration Department.
In order to save time to find out the procedure, fill out the form, notarize, waiting for the application to be submitted, you can contact HT for advise and support for the Temporary Residence Card Exrension.
LD1: Foreigners working in Vietnam with certification that they are not eligible for a work permit, unless otherwise provided for by an international treaty to which Vietnam is a signatory;
LD2: Foreigners working in Vietnam are required to have a work permit;
Notarized copy of Business Registration License, or Investment License, or Operation License of the representative office, branch, etc., depending on the type of business;
Certificate of seal sample registration or a written notice on the publication of information about the enterprise’s seal sample on the national enterprise registration portal;
A notarized copy of the foreign worker’s work permit or work permit exemption certificate with a validity of at least 12 months;
Registration of seal and signature samples for the first time at the Immigration Agency (Form NA16)
Official letter and application for temporary residence card for foreigners (Form NA6)
Application form for temporary residence card for foreigners (Form NA8)
A letter of introduction for Vietnamese employees to go through procedures to apply for a temporary residence card at the Immigration Office.
Original passport (valid for at least 1 year, or 2 years if you want to display a 2-year temporary residence card. Passport with visa for the right purpose of work, with the symbol LD or DN, guaranteed by the company itself to ask for);
Certificate of temporary residence registration or temporary residence registration book of the foreigner certified by the police of the ward or commune where the foreigner is temporarily residing in Vietnam (if any).
02 photos size 2cmx3cm
2. Fee for Issuance of Temporary Residence Card
Temporary residence card valid from 01 to 2 years: 100 USD/card;
3. Time to issue Temporary Residence Card
According to current regulations, the time to grant temporary residence cards to foreigners is no more than 05 working days from the date of receipt.
However, in fact, if your application is not valid and must be amended or supplemented, the time to carry out procedures for making a temporary residence card for foreigners may be longer than the above time.
4. Procedure for Issuance of Temporary Residence Card
Step 1: Submit the application at the Office of the Immigration Department of Ho Chi Minh City.
After checking the dossier, the Immigration Department sends a receipt to the person submitting the application (Form NB7).
If the application is not valid, the application-receiving officer shall guide the applicant to complete the application. And you will need additional preparation to return to the Immigration Department’s office to reapply.
Step 2. Get Result
On the appointment date according to the appointment letter, you bring a receipt, ID or passport to present to the officer.
Inorder to save time to find out the procedure, fill out the form, notarize, waiting for the application to be submitted, you can contact HT for advise and support for the Labor Temporary Residence Card Service.
Immigration Department Police of Provinces, Cities under the jurisdiction of the central government.
II. PROCEDURE
Step 1: Prepare the documents prescribed by the law.
Step 2: Application:
Agencies, organizations, individuals, Vietnamese citizens, and foreigners legally residing in Vietnam submit dossiers directly to the office of the Immigration Department police of the province or city under the jurisdiction of the central government.
Step 3: Officer receives the dossiers and checks the legality and content of the dossiers:
If the application is complete and valid, the officer will receive the application, print the receipt and request the fax fee payment to the fee collector (if applicable).
If the application is not valid, the receiving officer will guide the applicant to supplement the application.
Application submission time: from Monday to Friday every week (except holidays and New Year).
Step 4: Get results:
The person who comes to receive the results presents the receipt, and ID card to the officer to compare and receives the entry approval letter for the foreigner.
Time: from Monday to Friday every week (except holidays and Tet holiday).
III. DOSSIERS
Dossiers include:
Application form for granting, supplementing, amending and extending temporary residence (Form NA5)
Passport
Papers proving eligibility for consideration for issuance and extension of visas is one of the following documents: Work permit/Certificate of not being eligible for a work permit/Investment certificate; Certificate of marriage registration/Birth certificate/Document proving family relationship…
Certificate of temporary residence of the Ward Police.
Letter of authorization (if applicable)
IV. PROCESSING TIME:
05 working days from the date of application
V. FEES:
Valid for multiple times in 01 month: 10 USD
Valid for multiple times from 01 month to 03 months: 50 USD
Valid for multiple times over 03 months to 06 months: 95 USD
Valid for more than 6 months to 1 year: 135 USD
Valid for more than 1 month to 2 years: 145 USD
To save time learning the procedures, filling forms, certificates, waiting for the application, you can contact HT for Visa extension services for foreigners service.
Immigration Department at Ho Chi Minh City or Hanoi City
II. Procedure
Step 1: Prepare the documents precribed the law
Step 2: Application:
Agencies and organizations that invite and guarantee to submit dossiers directly at the office of the Immigration Department of Hanoi (Address 44-46 Tran Phu, Ba Dinh, Hanoi) or Ho Chi Minh City (address 333-335-337 Nguyen Trai, District 1, Ho Chi Minh City) to apply.
Step 3: Officer receives the dossiers and check the legality and content of the dossiers:
If the application is complete and valid, the officer will receive the application, print the receipt and request the fax fee payment to the fee collector (if applicable).
If the application is not valid, the receiving officer will guide the applicant to supplement the application.
Application submission time: from Monday to Friday every week (except holidays and Tet holiday).
Step 4: Get result:
The person who comes to receive the results presents the receipt, ID card to the officer to compares and receives the entry approval letter for the foreigner.
Time: from Monday to Friday every week (except holidays and Tet holiday).
III. Dossiers
The dossiers include:
Letter requesting the Immigration Department to consider and approve the personnel to issue visas and grant entry permits to foreigners entering Vietnam (Form NA2);
A notaried copy of the license or decision of a competent authority on the establishment of the organization;
Document introducing the seal, signature of the authorized person of the organization (form NA16 issued together with Circular No. 04/2015/TT-BCA).
Introduction Letter
Copy of foreigner’s passport
IV. PROCESSING TIME
05 working days from the date of application.
V. Place to get visa
Foreigners entering Vietnam under the guarantee of an agency or organization can receive a visa in one of the following places:
Foreigners can receive visas directly at the international airport border gate when entering at the international airport;
For entry through border gates by road, waterway or railway, foreigners can get visas at the Border Gate Department – Border Guard Command, Ministry of National Defense;
Foreigners can get visas at a the Embassy of Vietnam in the country where the foreigner exits.
In order to save time to learn the procedures, fill out the form, notarize, wait for the application to be submitted, you can contact HT for Vietnam Visa services.
DT 1: Foreign investors in Vietnam and representatives of foreign organizations investing in Vietnam with a contributed capital of 100 billion VND or more or investing in industries or trades eligible for investment incentives, priority area decided by the Government;
DT2: Foreign investors in Vietnam and representatives of foreign organizations investing in Vietnam with a contributed capital of between VND 50 billion and under VND 100 billion, or investing in industries and trades encouraged for investment and development by Government to decide;
DT3: Foreign investors in Vietnam and representatives of foreign organizations investing in Vietnam with contribute capital from 03 billion VND to less than 50 billion VND;
1. Investment Temporary Residence Card Dossiers
Notarized copy of Business Registration Certificate, Investment License which clearly shows the capital contribution of the foreign investor.
Certificate of seal sample registration or a written notice on the publication of information about the enterprise’s seal sample on the national enterprise registration portal.
Registration of seal and signature samples for the first time at the Immigration Agency (Form NA16)
Official letter and application for temporary residence card for foreigners (Form NA6)
Application form for temporary residence card for foreigners (Form NA8)
A letter of introduction for Vietnamese employees to go through procedures to apply for a temporary residence card at the Immigration Office.
Original passport and visa (passport valid for at least 13 months and visa to enter Vietnam for the right purpose);
Certificate of temporary residence registration or temporary residence registration book of foreigners certified by the police of the ward or commune where the foreigner is temporarily residing in Vietnam;
02 portrait photos 2cmx3cm.
2. Fee for issuance of Temporary Residence Card
145 USD/1 card for temporary residence card valid from 1 to 2 years;
155 USD/1 card for temporary residence card valid from 2 to 5 years;
3. Temporary Residence Card Issuance Procedure
Step 1: Submit your application at the Office of the Immigration Department of Ho Chi Minh City.
After checking the dossier, the Immigration Department sends a receipt to the person submitting the application (Form NB7), and you are instructed to pay the fee at the fee counter.
If the application is not valid, the application-receiving officer shall guide the applicant to complete the application. And you will need additional preparation to return to the Immigration Department’s office to reapply.
Step 2. Get Result
On the appointment date according to the appointment letter, you bring a receipt, Identify Card or passport to present to the officer returning the inspection results and comparison.
If there is a result of granting a temporary residence card, you will pay a fee, then sign and receive the result (whether or not a temporary residence card is issued).
In order to save time to find out the procedure, fill out the form, notarize, waiting for the application to be submitted, you can contact HT for advise and support for the Temporary Residence Card for Investor.
1. Application for Issuance Temporary Residence Card for foreigners who are Vietnamese spouses
Notarized copy of Certificate of marriage registration in Vietnam or Consular legalization of Marriage Certificate in Vietnam for the case of marriage registration abroad.
Application for guarantee and issuance of temporary residence card for foreigners (Form NA7)
Application form for temporary residence card for foreigners (Form NA8)
Original passport (passport valid for at least 13 months and visa to enter Vietnam for the right purpose)
02 photos 2cmx3cm
Notarized copy of Vietnamese household registration book of spouse who is Vietnamese
Notarized copy of ID card of spouse who is Vietnamese
2. Application for Issuance Temporary Residence Card for foreigners with Vietnamese parents
Birth certificate or other documents proving that the father or mother is currently a Vietnamese citizen
Application for guarantee and issuance of temporary residence card for foreigners (Form NA7)
Application form for temporary residence card for foreigners (Form NA8)
Original passport (passport valid for at least 13 months and visa to enter Vietnam for the right purpose)
02 photos 2cmx3cm
Notarized copy of Vietnamese household registration book of parents who is Vietnamese
Notarized copy of ID card of parents who is Vietnamese
3. Application for Issuance Temporary Residence Card for relatives of foreigners working in Vietnam:
Certificate of operation of the enterprise or organization where the foreigner is working
Certificate of registration of seal sample of the enterprise or organization where the foreigner is working;
Passport and temporary residence card of the guarantor (In case a temporary residence card has been issued);
Registration of seal and signature samples for the first time at the Immigration Agency (Form NA16);
Letter and application for temporary residence card for foreigners (Form NA6)
Application form for temporary residence card for foreigners (Form NA8)
A letter of introduction for Vietnamese employees to go through procedures to apply for a temporary residence card at the Immigration Office;
Original passport and visa (passport valid for at least 13 months and visa to enter Vietnam for the right purpose)
The certificate of temporary residence registration or the foreigner’s temporary residence registration book has been certified by the police of the ward or commune where the foreigner is temporarily residing in Vietnam.
02 portrait photos size 2cmx3cm
Certificate of family relationship or certificate of marriage registration or birth certificate (for children sponsored by parents)
4. Fee for Issuance of Temporary Residence Card
Temporary residence card valid for 01 year: 80 USD/1 card;
Temporary residence card valid from 01 to 2 years: 100 USD/card;
5. Procedure for Issuance of Temporary Residence Card
Step 1: Submit the application at the Office of the Immigration Department, Police of Province, City under The central Government.
After checking the dossier, the Immigration Department sends a receipt to the person submitting the application (Form NB7).
If the application is not valid, the application-receiving officer shall guide the applicant to complete the application. And you will need additional preparation to return to the Immigration Department’s office to reapply.
Step 2: Get Result
On the appointment date according to the appointment letter, you bring a receipt, ID or passport to present to the officer.
If there is a result of granting a temporary residence card, pay the fee, then sign to receive the result (is a temporary residence card issued or not).
In order to save time to find out the procedure, fill out the form, notarize, waiting for the application to be submitted, you can contact HT for advise and support for the Temporary Residence Card for visiting Relative Service.
Resolution
No. 32/NQ-CP dated March 15, 2022 exempting
visas for citizens of the 13 countries
From March 15, 2022 to the end of March 14, 2025, the citizens of the 13 following countries are exempted visas for entering Vietnam with a temporary stay period of 15 days from the date of entry, distinguish the type of passport, the purpose of entry, on the basis of satisfying all the conditions as prescribed by the law of Vietnam.
If the foreigner you invite to enter is not a citizen of the above 13 countries, or the foreigner is a citizen of the above 13 countries but needs to stay longer than 15 days, you can contact HT for Vietnam visa.
According to the latest regulations in Decree 152/2020 (effective from February 15, 2021), foreign workers who are married to Vietnamese and currently living in Vietnam fall under the following conditions: Foreign workers exempt from work permits.
However, there is a benefit, in this case, the foreign employer shall determine the demand for foreign workers and only has to carry out procedures for reporting the use of foreign workers to the Ministry of Labor, War Invalids and Social Affairs or the Department of Labor, War Invalids and Social Affairs where the foreign worker is expected to work without having to apply for exempting from work permits.
HT would like to summarize the steps to be taken to help readers better understand this regulation.
Step 1: The procedure to determine the demand for foreign workers
Time:
07 working days
Place to apply: Department of Labor, War Invalids and Social Affairs where the foreign worker is expected to work
Step 2: Reporting the use of foreign workers to Department of Labor, War Invalids and Social Affairs
1.
The report under Clause 2, Article 8 of Decree 152/2020/ND-CP includes the
following information: full name, age, nationality, passport number, name of
employer, starting date, and completion date;
2.
A notarized copy of the passport of foreign worker;
3.
A notarized copy of the enterprise registration certificate of company where the
foreign worker is expected to work;
4.
A notarized copy of marriage certificate;
5. Power of attorney (if any).
Please feel free to contact us by email: huonghue.ht@gmail.comor phone number +84 935 439 454if you need any further clarification. We look forward to long-term co-operation with you.
Since Decree 152/2020/ND-CP regulating foreign workers working in Vietnam took effect on February 15, 2021, a number of new regulations on foreign workers have been added, in which the owner or capital contributor of the limited liability company, with a capital contribution value of at least 3 (three) billion VND, only has to carry out procedures for reporting the use of foreign workers to the Ministry of Labor, War Invalids and Social Affairs or the Department of Labor, War Invalids and Social Affairs where the foreign worker is expected to work without having to apply for the certification of exemption to employ foreign workers who are exempt from work permit according to the provisions of Clause 2, Article 8 of Decree 152/2020/ND-CP.
The following are dossiers for reporting the use of foreign workers who are the owners or capital contributors of a limited liability company with a capital contribution value of at least 3 (three) billion VND submit to the Department of Labor, War Invalids and Social that HT has summarized to help readers better understand this regulation.
The report under Clause 2, Article 8 of Decree 152/2020/ND-CP includes the following information: full name, age, nationality, passport number, name of employer, starting date, and completion date.
A notarized copy of the passport of the owner or capital contributor of the limited liability company.
A notarozied copy of the investment registration certificate of the company of which the employee is the owner or capital contributor.
A notarized copy of the enterprise registration certificate of the company of which the employee is the owner or capital contributor.
Authorization letter (if any).
It will be done within 05 working days since submitting enough documents.
Please feel free to contact us by email: hue.truong@htlaw.vnor phone number +84 935 439 454if you need any further clarification. We look forward to long-term co-operation with you.
According to Article 151 of the Labor Code 2019, a work permit is one of the conditions for foreign workers to work legally in Vietnam. In order to improve compliance with the law, Decree 28/2020 regulated administrative penalties for foreign workers without work permit or exemption of work permit.
I.
The conditions of foreign workers in Vietnam
A foreign employee means a person who has a foreign nationality and:
a) is at last 18 years of age and has full legal capacity;
b) has qualifications, occupational skills, practical experience, and adequate health as prescribed by the Minister of Health;
c) is not serving a sentence; does not have an unspent conviction; is not undergoing criminal prosecution under his/her home country’s law or Vietnam’s law;
d) has a work permit granted by a competent authority of Vietnam or the exemption of a work permit.
Therefore, the work permit or the exemption of work permit is an important legal document that proves the legality of relations between foreign employees and their employers.
II. Administrative penalties for foreign workers without work permit or exemption of work permit
By clause 3, Article 31, Decree 28/2020, the Main penalties:
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.
By clause 5, Article 31, Decree 28/2020, Supplemental penalties
Deporting any foreign worker without work permits or written confirmations of exemption from work permit requirements commits the violations specified in clause 3 of this Article while working in Vietnam.
By clause 4, Article 31, Decree 28/2020
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.
In conclusion, to comply strictly with the Labor code, employers and foreign employees must meet full requirements by law before signing labor contracts.
In order not to be penalized for not having a work permit and save time to learn the procedures, fill out the form, notarize, wait for the application to be submitted, you can contact HT for Work permit service.
The current Labor Code 2019 has change in the regulations of work permit for foreign investors in Vietnam. Therefore, HT will summarize the regulations’ work permits for foreign investors according to the Labor Code 2019.
1. Determination of demand for foreign workers
At least 30 days before the date on which foreign workers are expected to be employed, the employer (except the contractor) shall determine the demand for foreign workers for every job position for which Vietnamese workers are underqualified and send a corresponding report to the Ministry of Labor, War Invalids, and Social Affairs or the People’s Committee of province or central-affiliated city (hereinafter referred to as province) where the foreign workers are expected to work, using Form No. 01/PLI Appendix I hereto appended.
After submitting the dossier successfully, the Department of Labor, War Invalids, and Social Affairs will issue an acceptance of the demand for foreign workers. Then, the employee will continue to perform Step 2 below.
The required documents:
1. Notarized copies of the passport of the Client
2. The form determination of demand for foreign workers
Estimated Schedule:
It will be done within 07 working days after submitting enough documents.
2. Confirming whether the investor is eligible for a Work Permit or not?
Case 1: Investors set up the company with a capital contribution value of at least 3 billion dong.
By Article 7 Decree 152/2020, the owner or capital contributor of a limited liability company with a capital contribution value of at least 3 billion dong; or 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 is exempt from a work permit.
The validity period of certification of exemption from a work permit is up to 2 years and coincides with the validity period of any case as prescribed in Article 10 Decree 152/2020. If a certification of exemption from work permit is re-issued, the corresponding validity period is up to 2 years. See detailed application for Work Permit Exemption here.
Case 2: Investors set up the company with a capital contribution value of under 3 billion dong.
By Article 7 Decree 152/2020, the owner or capital contributor of a limited liability company with a capital contribution value of at least 3 billion dong; or 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 is exempt from a work permit.
Therefore, the owner or capital contributor with a capital contribution value under 3 billion dong must apply for the work permit.
3. Dossier for issuance of a work permit
The required documents:
1. An original Health certificate
2. A letter of experience was issued by a foreign company oversea for at least 3 years (please make legalization in advance)
3. An original Criminal record
4. An original passport (will keep 01 day when HT apply a dossier in the labor department)
5. Notarized copies of passport
6. Notarized copies of ERC of the company where the foreigner is working
7. Color photos (4cm x 6cm size, white background, wear a shirt, front view, bare head, no color glasses), taken within 6 months before the submission date of application.
Estimated Schedule: It will be done within 05 working days after submitting enough documents.
In order to save time to learn the procedures, fill out the form, translate, notarize, and wait for the application to be submitted, you can contact HT for Work permit service.
Nowadays, there are many companies including Vietnamese capital enterprises and FDI companies in Vietnam in need of foreigners to support their business activities. In order to work legally in Vietnam, a Work Permit is required for them. The procedure for obtaining the Work Permit is as follows:
Step 1:
All 3 types of Work permit for Manage, Specialist and Technical Workers have the same dossier:
– Ask for permission for the use of foreign workers from Department of Labor, Invalids and Social Affairs (DOLISA)
– The competent state agency shall issue a notification of acceptance within 15 days from the date of receiving the valid dossier
Step 2:
Submit the dossier for new issuance of Work Permit. Depend on type of WP, client must provide following documents:
Note:
All documents provided in foreign countries or by diplomatic mission of foreign countries in Vietnam shall be translated into Vietnamese and legalized in accordance with Vietnamese Law.
Dossier for new issuance of Work Permit for manager who have their name in the Enterprise Register Certificate.
The required documents:
An original Health certificate
A letter of experience was issued by a foreign company in oversea at least 3 years (please make a legalization in advance)
An original Criminal record
An original passport (will keep 01 day when we apply the second step in labor department)
03 notarized copies of passport
03 notarized copies ERC of the company where foreigner is working
04 color photos (4cm x 6cm size, white background, wear shirt, front view, bare head, no color glasses), taken within 6 months before the submission date of application.
2.2. Specialist:
Dossier for new issuance of Work Permit for foreign specialist working in Vietnam:
An original Health certificate
An original Criminal record
A notarized copy of Bachelor’s degree (please make a legalization in advance)
A letter of experience was issued by a foreign company in oversea at least 3 years (please make a legalization in advance)
An original passport (will keep 01 day when we apply the second step in labor department)
03 notarized copies of passport
03 notarized copies ERC of the company where foreigner is working
04 color photos (4cm x 6cm size, white background, wear shirt, front view, bare head, no color glasses), taken within 6 months before the submission date of application.
2.3. Technical Workers:
Dossier for new issuance of Work Permit for foreign specialist working in Vietnam includes:
An original Health certificate
An original Criminal record
An original passport (will keep 01 day when we apply the second step in labor department)
03 notarized copies of passport
03 notarized copies ERC of the company where foreigner is working
04 color photos (4cm x 6cm size, white background, wear shirt, front view, bare head, no color glasses), taken within 6 months before the submission date of application.
Technical worker proof documents:
+ Confirmation letter for technical worker at a foreign country at least 3 years;
+ Letter confirming that the technical worker was trained for at least 01 year and had worked for at least 01 year in the relevant field;
+ In case the employee is internal transfer: Decision of appointment by the parent company (consularized).
ESTIMATED SCHEDULE:
It will be done within 15working days since the date of submitting.
Please feel free to contact us by email: huonghue.ht@gmail.com or phone number +84 935 439 454if you need any further clarification. We look forward to long-term co-operation with you.
The Covid-19 pandemic threatens peoples’ health all over the world. Therefore, the government of Vietnam trying to protect public health by preventing epidemics and limiting entry. The fact that foreigners enter Vietnam during the current outbreak, has led to many notable changes.Below, we would like to summarize the legal provisions and procedures for foreigners entering Vietnam during Covid-19 time.
Step 1: Apply for entry approval at the People’s Committee
The Enterprises send documents to invite experts/technical workers/investors/business managers and relatives (if applicable) to the Department of Labor – Invalids and Social Affairs or Management Board of Industrial area (if the Enterprise is located in an industrial area).
Timeline: From 20 working days to 25 working days
Step 2: Apply for an entry letter at the Immigration Department
The Enterprises send entry applications for experts/ technical workers/ investors/ business managers and relatives (if any) to the Immigration Department along with the approval letter of the People’s Committee.
Timeline: 05 – 07 working days.
Step 3: Send the dossiers of the isolation plan to the Department of Health
The Enterprises develop a plan to isolate experts/technical workers/investors/business managers and their relatives (if applicable) and send it to the Department of Health along with the entry approval letter of the People’s Committee
Note: In case the companies are located in Ho Chi Minh City and they have experts/technical workers/investors/business managers and their relatives (if applicable) entering and quarantining in Ho Chi Minh City, they do not need to do Step 3.
Note:Depending on each province/city, after the above 3 Steps, the Enterprises and foreigners also have to fulfill some additional requirements on the immigration process according to the immigration policies of that province/city.
Please feel free to contact us by email: huonghue.ht@gmail.com or Phone number, Zalo, WhatsApp, Viber +84 935 439 454. If you need any further clarification. We look forward to a long-term relationship with you.
First of all, we would like to give our warm greetings to our valued client
Today, we would like to introduce with the client about Temporary Residence Cards (TRC). Please kindly find detail information for “Applying for temporary residence cards for foreigner” below:
I. GENERAL INTRODUCTION
Temporary Residence Cards (TRC) are required for long-term foreigners living in Vietnam. This document is more convenient than visa, because of reasons as follows:
The client can get visa for 1 month, 3 months, 6 months or 1 year. If the client get visa 1 year, however, the client just stay in Viet Nam within 6 months and the client has to leave and come back Viet Nam then continue to live with the rest 6 months later
Will be a 1 year, 02 years, 03 years or maximum 05 years residence card. The TRC replaces the need for an equivalent visa in the meantime the foreigner living in Vietnam
Requirement documents
Based on the experience of advising clients on dossiers, we recognize that the records have 4 cases below:
♦ If the applicant is an investor, the following documents should be prepared
No
Name of document
Quantity
Type
1
Passport
1
Original
2
Investment Registration Certificate
1
Notarized copy
3
Enterprise Registration Certificate
1
Notarized copy
4
Enterprise Registration Certificate
1
Copy + Stamp by company
5
Temporary Residence Registration of ward police offices where the client is staying in Viet Nam
1
Original
6
The latest letter of visa to enter Vietnam
1
Copy
7
Photo (2×3 cm, white background)
3
8
Tax report 3 months latest
1
Copy
♦ If the applicant is shareholder of a company in Vietnam, the following documents should be prepared
