In daily life and transactions between employees and businesses, there is always mutual dissatisfaction. Often after a long time, conflicts can arise because of poor labor productivity and business, so the company cuts back, or divides and rewards and punishments unclearly, and there will be internal disputes, work cannot be completed and leave cannot be taken. Therefore, businesses are not alert to handle the situation properly, leading to lawsuits, labor disputes, and having to pay additional costs due to lack of understanding of the law.
Common Work Permit Problems
Before recruiting foreign workers to work in Vietnam, employers are required to determine the need for foreign workers for each job position that Vietnamese workers cannot meet and must report and explain to the Chairman of the People’s Committee of the province or centrally-run city. To have sufficient grounds to apply for a work permit and work in Vietnam, there must be a document from the Chairman of the Provincial People’s Committee approving the employer to use foreign workers for each job position. According to the law, the application for a Vietnamese criminal record for foreigners is prescribed to not exceed 20 days, but in reality, the declaration is complicated and the progress of applying for a work permit for foreigners is prolonged. In addition, while waiting for the completion of the procedure for applying for a Work Permit for foreigners, businesses and organizations still have to pay for accommodation and travel expenses for foreigners during their stay in Vietnam because foreigners have not been granted a work permit and are not officially allowed to work.
Currently, according to regulations, health certificates or health examination papers must be examined at a number of hospitals as prescribed by the Ministry of Health. When foreign workers go to these hospitals for examination, they often encounter difficulties in communication because some doctors at these hospitals are not fluent in foreign languages, so foreign workers need to have an interpreter with them.
In addition, health examination papers at some hospitals are only valid for 03 months from the date of issue. In some cases, foreign workers whose work permit application is prolonged are forced to have their health examined again to apply for a new health examination paper. Due to the relatively large number of patients in hospitals, there are some cases where the information on the Health Certificate is missing or does not meet the requirements according to regulations, so the application for a Work Permit for foreigners is often returned because the Health Certificate is not suitable.
The consular legalization of foreign documents is relatively complicated and foreigners with different nationalities will have different consular legalization. If you do not understand the regulations, it will take longer to apply for a work permit.
In addition, the application for a work permit for foreigners also encounters some obstacles such as: documents proving, confirming the qualifications and work experience of foreigners do not meet the requirements of the recruited job position. Requiring foreign workers to simultaneously possess two conditions of having at least 05 years of experience and 04 years of university is too difficult. Because many companies, foreign workers may have university or post-graduate degrees but less than 5 years of experience. Therefore, to apply for a work permit for foreigners, organizations, companies or individuals can directly sponsor them, or they can consult service companies to be able to do this work quickly. With a team of experienced lawyers and professional legal experts, our company will support you in the best way via hotline.
Procedures for granting work permits.
Implementation procedures
– Step 1: At least 15 working days before the date the foreign employee is expected to start working for the employer, the employer must submit an application for a work permit to the Department of Labor, War Invalids and Social Affairs.
– Step 2: Within 05 working days from the date of receipt of a complete application for a work permit, the Department of Labor, War Invalids and Social Affairs shall issue a work permit to the foreign employee according to the form prescribed by the Ministry of Labor, War Invalids and Social Affairs (the content of the work permit is according to Form No. 4, Appendix III issued with Circular No. 18/2018/TT-BLDTBXH). In case the work permit is not issued, a written response stating the reasons shall be issued.
For foreign employees working under a labor contract, after being granted a work permit, the employer and the foreign employee must sign a written labor contract in accordance with the provisions of Vietnamese labor law before the expected date of work for the employer.
Within 05 working days from the date of signing the labor contract, the employer must send a copy of the signed labor contract to the Department of Labor, War Invalids and Social Affairs that issued the work permit.
How to do it
Submission method
In person 5 Days
05 working days from the date of receiving a complete and valid application as prescribed.
Postal service 5 Days
05 working days from the date of receiving a complete and valid application as prescribed.
Document components include:
Name of document
A request for a work permit according to form No. 7 issued with Circular No. 40/2016/TT-BLDTBXH.
Health certificate or health examination certificate issued by a competent medical agency or organization of a foreign country or Vietnam, valid for 12 months from the date of signing the health conclusion to the date of submission of the application.
Judicial record or document confirming that the foreign worker is not a criminal or is not subject to criminal prosecution issued by a foreign country. In case the foreign worker has resided in Vietnam, only a judicial record issued by Vietnam is required. The judicial record or document confirming that the foreign worker is not a criminal or is not subject to criminal prosecution must be issued no more than 06 months from the date of issue to the date of submission of the application
Document proving that the foreign worker is a manager, executive director, expert or technical worker. For some occupations and jobs, the document proving the professional and technical qualifications of foreign workers is replaced by one of the following documents:
Certificate of recognition as an artisan for traditional occupations issued by a competent authority of a foreign country.
Document proving the experience of a foreign football player. Air transport pilot license issued by a competent authority of Vietnam for foreign pilots.
Aircraft maintenance license issued by a competent authority of Vietnam for foreign workers working in aircraft maintenance.
The above documents are 01 photocopy with the original for comparison or 01 certified copy. If from a foreign country, they must be consularly legalized, except for cases exempted from consular legalization according to international treaties to which the Socialist Republic of Vietnam and the foreign country concerned are members or according to the principle of reciprocity or according to the provisions of law; translated into Vietnamese and certified according to the provisions of Vietnamese law.
Color photo (size 4cm x 6cm, white background, face looking straight, bare head, no colored glasses), photo taken no more than 06 months from the date of application submission.
Copy of passport or valid document in lieu of passport or valid international travel document according to the provisions of law.
Documents related to foreign workers:
For foreign workers moving within an enterprise, there must be a document from the foreign enterprise sending them to work at the commercial presence of that foreign enterprise in Vietnam and a document proving that the foreign worker was recruited by that foreign enterprise at least 12 months before working in Vietnam.
For foreign workers entering Vietnam to perform contracts or agreements on economics, trade, finance, banking, insurance, science and technology, culture, sports, education, vocational education and health, there must be a contract or agreement signed between the Vietnamese and foreign partners, including an agreement on the foreign worker working in Vietnam.
For foreign workers, service providers under contract must have a service provision contract signed between the Vietnamese partner and the foreign partner and a document proving that the foreign worker has worked for a foreign enterprise without a commercial presence in Vietnam for at least 02 years.
For foreign workers offering services, there must be a document from the service provider sending the foreign worker to Vietnam to negotiate the provision of services.
For foreign workers working for foreign non-governmental organizations or international organizations in Vietnam that are permitted to operate under the provisions of Vietnamese law, there must be a certificate from the foreign non-governmental organization or international organization permitted to operate under the provisions of Vietnamese law.
For foreign workers who are responsible for establishing a commercial presence, there must be a document from the service provider sending the foreign worker to Vietnam to establish the commercial presence of that service provider.
For foreign employees who are managers, executives, experts, and technical workers who participate in the activities of a foreign enterprise that has established a commercial presence in Vietnam, there must be a document proving that the foreign employee is allowed to participate in the activities of that foreign enterprise. These documents are 01 photocopy with the original for comparison or 01 certified copy. If they are from a foreign country, consular legalization is exempted, but they must be translated into Vietnamese and certified according to the provisions of Vietnamese law.
Implementing agency: Department of Labor, War Invalids and Social Affairs
Requirements and conditions for implementation
Have full civil act capacity according to the provisions of law.
Have health suitable for job requirements.
Be a manager, executive director, expert or technical worker.
Not a criminal or prosecuted for criminal liability according to the provisions of Vietnamese law and foreign law.
Have written approval from a competent state agency on the use of foreign workers.
How to get Visa in Vietnam
PROCEDURES FOR APPLYING FOR A VISA TO ENTER VIETNAM FOR KOREANS
Procedures for applying for an entry permit for Koreans entering Vietnam with a company in Vietnam as a sponsor
1. Application for an entry permit for Koreans
– Legal documents of the company
– Notification to the immigration authority according to form N2
2. Where to submit the application for an entry permit for Koreans?
The company sponsoring the foreigner submits the application for an entry permit for the foreigner at the Immigration Department
3. Time limit for consideration and approval of permission for foreigners to enter Vietnam
– Within 05 working days from the date of receipt of the visa application, the immigration authority shall consider, resolve, respond to the enterprise and notify the competent visa-issuing authority of Vietnam abroad.
– After receiving the response from the immigration authority, the agency, organization or individual inviting or sponsoring the foreigner to enter Vietnam shall notify the foreigner to complete the visa application procedure at the competent visa-issuing authority of Vietnam abroad.
– In case of request for visa issuance at an international border gate, the immigration authority shall consider and resolve within 03 working days from the date of receipt of the complete application for the cases specified in Points a, b, c and d, Clause 1, Article 18 of Law No. 47/2014/QH2013; within 12 working hours from the date of receipt of the complete application for the cases specified in Points d and e, Clause 1, Article 18 of Law No. 47/2014/QH2013.
– Agencies, organizations and individuals requesting visas for foreigners at competent visa-issuing agencies of Vietnam abroad must pay the immigration management agency a fee to notify the visa issuance.
PROCEDURES FOR APPLYING FOR VIETNAMESE VISAS FOR KOREANS DURING THE COVID-19 CORONA EPIDEMIC PREVENTION PERIOD
Updated: 11:01 PM, 28/02/2020
Procedures for applying for Vietnamese visas for Koreans during the COVID-19 CORONA EPIDEMIC PREVENTION PERIOD
From 0:00 on February 29, 2020 (Vietnam time), the Vietnamese Government will temporarily suspend the visa exemption regime for Korean citizens, therefore, all Korean citizens with appropriate Vietnamese visas issued by Vietnam will be allowed to enter Vietnam. All people with a Vietnamese visa flying from Korea or from elsewhere but have been in Korea within the past 14 days, returning to Vietnam are subject to medical quarantine according to regulations.
A. Conditions for granting Vietnamese visas to Korean citizens during the period of preventing the Covid-19 Corona epidemic
– Do not have a permanent or temporary residence registration or travel through provinces or areas in Korea where the Covid-19 epidemic is occurring
– Have an organization or enterprise in Vietnam to sponsor and commit to take responsibility for management when entering Vietnam
– Foreign passports must be valid for at least 6 months and are not subject to entry bans according to regulations.
B. Places to receive Vietnam visas for Korean citizens
– Vietnamese Embassy/Consulate in Korea or Vietnamese Embassy/Consulate in any country where Koreans have entered and are temporarily residing (For example, Koreans in Thailand can also receive Vietnam visas at the Vietnamese Embassy in Thailand)
B. Application for Vietnam visa for Koreans during the period of preventing the Corona Covid-19 epidemic
– Certified copy of the Business Organization License to sponsor Koreans (For first-time submission)
– Application form for seal and signature of the legal representative of the organization or enterprise according to form NA16 (For first-time submission)
– Official letter requesting entry into Vietnam for foreigners according to form NA2, clearly stating that the place to receive the visa is the Vietnamese Embassy/Consulate of Vietnam abroad
– Commitment to sponsor and manage Koreans during the entry process and temporary residence in Vietnam
– Certified copy of household registration or another document to prove that the current residence is not in a province or area with Covid-19 epidemic in Korea
– Work permit/work permit exemption certificate or investment certificate for investors (If any, If there is no work permit/work permit exemption certificate or investment certificate, the maximum period is no more than 3 months)
– Letter of introduction from the organization or enterprise sending personnel to submit visa application procedures.
C. Visa application and receipt of visa results for Koreans
– The application is made into 01 set and submitted to the Immigration Department.
– Valid documents will be returned to the Immigration Department after 05 working days
After receiving the results of approval for entry into Vietnam, Korean citizens will continue to apply for visa and pay visa fees at the Vietnamese Embassy/Consulate where the Korean receives the visa.
After receiving a visa issued by the Vietnamese Embassy/Consulate, all people with a Vietnamese visa flying from Korea or from other places but have been in Korea within the past 14 days, returning to Vietnam will be quarantined according to regulations. Quarantine procedures will be guided by the competent authority of Vietnam when doing entry procedures at the airport.
Important information for Koreans to pay attention to:
– Korean visa extension service during the Corona Covid 19 epidemic
– Procedures for applying for a Vietnam visa during the period when Vietnam and Korea are preventing the Covid-19 epidemic
– Vietnam temporarily suspends the visa exemption policy for Korean citizens.
NEW REGULATIONS ON CASES IN WHICH FOREIGNERS ARE ALLOWED TO CHANGE THE PURPOSE OF THEIR VISA
Updated: 10:25 AM, 18/06/2020
Cases in which foreign visas are allowed to change their purpose according to regulations
Pursuant to Clause 4, Article 7 of Law No. 51/2019/QH14 amending and supplementing a number of articles of the Law on Entry, Exit, Transit and Residence of Foreigners in Vietnam, passed by the National Assembly on November 25, 2019 and officially effective from July 1, 2020, Vietnam visas granted to foreigners are allowed to be changed in the following cases:
1. Having documents proving is an investor or a representative of a foreign organization investing in Vietnam according to the provisions of Vietnamese law;
For example: Previously using a Tourist visa (DL), visiting relatives (TT), Labor visa (LD, LD 1, LD 2), business visa (DN, DN1, DN2) …. then when proving that you are an investor or a legal representative of the company (Recorded on the business registration, the visa purpose can be changed to suit the current position and role)
2. Have documents proving the relationship as father, mother, wife, husband, child with the inviting or sponsoring individual;
The inviting and sponsoring individual here is understood to include an individual with Vietnamese nationality or a foreigner with a visa in Vietnam according to regulations, then the visa purpose can be changed for his or her relatives.
3. Being invited or sponsored by an agency or organization to work and having a work permit or confirmation that they are not subject to a work permit according to the provisions of the law on labor;
This case is understood as a foreigner who has previously been invited and sponsored by a company to work for that company without having a work permit or without applying for a work permit exemption with visa types marked as DN, DN1, can be converted to a visa type (including temporary residence card) marked as LD 1, LD2
4. Entering the country with an electronic visa and having a work permit or confirmation that they are not subject to a work permit according to the provisions of the law on labor.
Citizens of 80 countries and territories entering Vietnam with an electronic visa (EV Visa) for a period of 30 days with a work permit or confirmation of exemption from a work permit can change the visa purpose from an electronic visa (EV visa) to a visa (or temporary residence card) with the symbols LD 1, LD 2 according to regulations
In case of changing the purpose, a new visa with the symbol and duration appropriate to the changed purpose will be issued.
Temporary residence card
CASES IN WHICH FOREIGNERS ARE GRANTED A TEMPORARY RESIDENCE CARD IN VIETNAM ACCORDING TO NEW REGULATIONS
Updated: 11:57 AM, 17/01/2020
New regulations on granting temporary residence cards to foreigners
According to Article 8 of Law 47/2014/QH2013 and Articles 8, 36, 38 of Law No. 51/2019/QH14 on AMENDMENTS AND SUPPLEMENTS TO A NUMBER OF ARTICLES OF THE LAW ON ENTRY, EXIT, TRANSIT, AND RESIDENCE OF FOREIGNERS IN VIETNAM, the categories of persons eligible for a temporary residence card in Vietnam include: In the following cases, this regulation takes effect from July 1, 2020.
Cases where foreigners are granted a temporary residence card in Vietnam according to the new provisions of the law include:
1. Temporary residence card with the symbol DT1 is valid for no more than 10 years.
– DT1 – Issued to foreign investors in Vietnam and representatives of foreign organizations investing in Vietnam with a capital contribution of VND 100 billion or more or investing in industries, professions with investment incentives, and investment incentive areas decided by the Government.
2. Temporary residence cards with the symbols NG3, LV1, LV2, LS, DT2 and DH are valid for no more than 05 years.
– DT2 – Issued to foreign investors in Vietnam and representatives of foreign organizations investing in Vietnam with a capital contribution of VND 50 billion to less than VND 100 billion or investing in industries and professions encouraged for investment and development as decided by the Government.
– NG3 – Issued to members of diplomatic missions, consular offices, representative offices of international organizations under the United Nations, representative offices of intergovernmental organizations and their spouses, children under 18 years old, and housekeepers accompanying them during their term of office.
– LV1 – Issued to people working with departments, agencies, and units under the Central Committee of the Communist Party of Vietnam; the National Assembly, the Government, the Central Committee of the Vietnam Fatherland Front, the Supreme People’s Court, the Supreme People’s Procuracy, the State Audit, ministries, ministerial-level agencies, and agencies under the Government; provincial Party Committees, city Party Committees, People’s Councils, and People’s Committees of centrally-run provinces and cities.
– LV2 – Issued to people working with socio-political organizations, social organizations, Vietnam Chamber of Commerce and Industry.
– LS – Issued to foreign lawyers practicing in Vietnam. Having a practice license issued by the Ministry of Justice of Vietnam
– DH – Issued to people coming to practice or study.
3. Temporary residence cards with symbols NN1, NN2, DT3, TT are valid for no more than 03 years.
– NN1 – Issued to people who are Heads of representative offices, projects of international organizations, foreign non-governmental organizations in Vietnam.
– NN2 – Issued to heads of representative offices, branches of foreign traders, representative offices of economic, cultural organizations, other foreign professional organizations in Vietnam.
– DT3 – Issued to foreign investors in Vietnam and representatives of foreign organizations investing in Vietnam with capital contributions of VND 3 billion to under VND 50 billion.
4. Temporary residence cards with symbols LD1, LD2 and PV1 are valid for no more than 02 years.
– LD1 – Issued to foreigners working in Vietnam with confirmation that they are not subject to a work permit, unless otherwise stipulated by international treaties to which Vietnam is a member.”
– LD2 – Issued to foreigners working in Vietnam who are subject to a work permit
– PV1 – Issued to reporters and journalists residing in Vietnam.
For advice on specific cases, please contact us for guidance and answers
PROCEDURES FOR APPLYING FOR TEMPORARY RESIDENCE CARD FOR FOREIGNERS WITH WORK PERMITS
Updated: 09:40 PM, 11/12/2018
Procedures for applying for temporary residence card for foreigners with work permits in Vietnam
Foreigners with work permits valid for 12 months or more as prescribed are granted temporary residence cards, the validity of which depends on the validity of the work permit. According to the provisions of the law on labor, the maximum validity of a work permit for foreigners is 02 years, therefore, foreigners can apply for a temporary residence card in Vietnam with a maximum validity of 02 years as prescribed.
1. What are the conditions for applying for a temporary residence card for foreigners?
– The passport of the foreigner must be valid for at least 1 year. If applying for a 2-year temporary residence card, the passport must be valid for at least 2 years.
– Visa. The visa currently used in Vietnam by the foreigner must be for the correct purpose (the visa must have the symbol LD, LD 1, LD 2 or DN, DN1, DN2) previously sponsored by the company or in the case of conversion according to the provisions of Clause 4, Article 7 of Law No. 51/2019/QH14 amending and supplementing a number of articles of the Law on Entry, Exit, Transit and Residence of Foreigners in Vietnam, approved by the National Assembly on November 25, 2019 and officially effective from July 1, 2020.
– Have a work permit (Work Permit) or a work permit exemption certificate with a minimum validity of 12 months.
2. What documents are required for a temporary residence card application for a foreigner with a work permit?
– Certificate of operation of the enterprise employing foreign workers (Business Registration Certificate, Investment License, License for operation of representative office, branch, etc. Depending on the enterprise and type of enterprise, there will be different types of documents)
– Certificate of seal registration or Notice of posting information about the enterprise’s seal sample on the national portal for business registration.
– Certified copy of Work Permit or Work Permit Exemption Certificate of foreign workers
– Form NA16 Registration of seal sample and signature for the first time at the Immigration Department
– Form NA6, Official dispatch and application for temporary residence card for foreigners
– Form NA8, Application for temporary residence card for foreigners
– Letter of introduction for Vietnamese employees to apply for temporary residence card at the Immigration Department.
– Original passport (Note that the passport must have a visa for the correct purpose of work. In case the foreign worker has previously been granted a temporary residence card, the temporary residence card in use must be attached);
– Temporary residence registration certificate or temporary residence registration book of the foreigner confirmed by the police of the ward or commune where the foreigner is temporarily residing in Vietnam. (If any). In some cases, the immigration management agency will require the employee to provide this document.
– 2cmx3cm photos: Attach 02 copies
3. Where to submit the application for a temporary residence card for a person with a work permit in Vietnam?
Depending on the headquarters of the Company where the foreign worker is located in which province or city and depending on which agency issues the work permit, the submission of the application and procedures for granting a temporary residence card will be determined at the Immigration Department or the Immigration Management Office. Regarding this, please contact us for advice and exact instructions on where to submit according to regulations.
4. How long does it take to process the temporary residence card for foreigners?
The prescribed time for issuing a temporary residence card for foreigners is 05 working days from the date of submission of the application to the Immigration Department.
For more information on applying for a temporary residence card, please contact us for advice on each specific case
You may be interested in:
– Temporary residence card service for foreigners in Vietnam
– Temporary residence card extension service for foreigners in Vietnam when it expires
– Instructions on procedures for applying for a work permit for foreigners working in Vietnam
TEMPORARI RESIDENCE CARD SERVICE FOR FOREIGNERS EXEMPTED FROM WORKING PERMITS
Updated: 03:33 PM, 27/09/2018
A. Cases where temporary residence cards are granted are cases exempted from work permits
1. Temporary residence cards with the symbol DT1 are valid for no more than 10 years.
– DT1 – Issued to foreign investors in Vietnam and representatives of foreign organizations investing in Vietnam with a capital contribution of VND 100 billion or more or investing in industries, professions with investment incentives, or investment incentive areas decided by the Government. When submitting an application, an investment license or business registration certificate must be submitted.
2. Temporary residence cards with symbols LS, DT2 and DH are valid for no more than 05 years.
– DT2 – Issued to foreign investors in Vietnam and representatives of foreign organizations investing in Vietnam with a capital contribution of VND 50 billion to less than VND 100 billion or investing in industries, professions with investment incentives decided by the Government. When submitting an application, an investment license or business registration certificate must be submitted.
– LS – Issued to foreign lawyers practicing in Vietnam. Having a practice license issued by the Ministry of Justice of Vietnam, when submitting the application, please attach this license.
– DH – Issued to people coming to practice or study abroad
3. Temporary residence card with symbols NN1, NN2, DT3, TT is valid for no more than 03 years.
– NN1 – Issued to people who are Heads of representative offices, projects of international organizations, foreign non-governmental organizations in Vietnam.
– NN2 – Issued to heads of representative offices, branches of foreign traders, representative offices of economic, cultural organizations, other foreign professional organizations in Vietnam.
– DT3 – Issued to foreign investors in Vietnam and representatives of foreign organizations investing in Vietnam with contributed capital from 03 billion VND to less than 50 billion VND. When submitting the application, please attach an investment license or business registration certificate.
4. Temporary residence cards with symbols LĐ1, LĐ2 and PV1 are valid for no more than 02 years.
– LĐ1 – Issued to foreigners working in Vietnam with confirmation that they are not subject to a work permit, unless otherwise stipulated by international treaties to which Vietnam is a member. When submitting the application, please attach a confirmation of exemption from a work permit
– PV1 – Issued to reporters and journalists residing in Vietnam.
B. Our company specializes in providing services related to temporary residence card applications for foreigners.
Service of applying for new temporary residence cards for foreigners.
Service of extending temporary residence cards for foreigners.
Service of applying for permanent residence cards for foreigners.
2. There are many cases of foreigners exempted from work permits. However, common cases include:
Capital contributors or owners of limited liability companies
Members of the Board of Directors of joint stock companies
Investors
Heads of representative offices, projects of international organizations, non-governmental organizations in Vietnam
Foreigners moving within enterprises within the scope of 11 service sectors in Vietnam’s service commitments to the World Trade Organization
3. Application for temporary residence card includes:
Certificate or confirmation of exemption from work permit according to regulations
Certificate of business operation
Certificate of seal registration
Letter introducing the seal and signature for the first time at the Immigration Department
Official letter requesting temporary residence card
Declaration of information of foreigners requesting temporary residence card
Letter of introduction for Vietnamese employees to apply for temporary residence card
Original passport of foreigner
Certificate of temporary residence registration
Photo 2×3 cm (02 photos)
4. Agency performing administrative procedures: The nearest immigration management agency.
5. Processing time: no more than 05 working days from the date of receipt of complete documents
PROCEDURES FOR APPLYING FOR TEMPORARY RESIDENCE CARD FOR FOREIGNERS WORKING AT REPRESENTATIVE OFFICES
Updated: 03:07 PM, 30/11/2018
A representative office is a subsidiary unit of an enterprise, operating under the authorization of the enterprise to perform the function of representation and trade promotion on behalf of the enterprise. Representative offices are allowed to employ foreign workers in accordance with the provisions of the Labor Law and labor conventions to which Vietnam is a party.
In Vietnam, there are two forms of representative offices: Representative offices of foreign companies (companies with headquarters abroad and representative offices in Vietnam) and Representative offices of domestic companies (companies regardless of domestic or foreign capital sources, established under Vietnamese law, with headquarters in Vietnam and simultaneously opening representative offices in Vietnam).
1. Procedures for applying for a temporary residence card for foreigners working at a representative office of a foreign company
A. Requirements for representative offices and foreigners
– Representative offices operating in Vietnam and the operating license is valid for at least 12 months
– Foreigners’ passports are valid for at least 1 year and are not subject to entry bans as prescribed.
– The visa or temporary residence card currently used by the foreigner must be for the right purpose (visa with symbols DN1, DN2, LD1, LD2 or temporary residence card with symbols LD, LDD1, LD2 and previously sponsored by the representative office or in the case of conversion according to the provisions of law
B. Application for temporary residence card for foreigners working at the representative office
– Certified copy of the representative office’s operating license
– Application form for seal and signature of the head of the representative office NA16
– Application form for temporary residence card for foreigners NA6
– Information form for foreigners applying for temporary residence card NA8
– Work permit or work permit exemption certificate with a minimum validity of 1 year (Full 12 months)
– Letter of introduction from the representative office sending an employee to apply for a temporary residence card
C. Application and receipt of results of temporary residence card of the representative office
– The application is made into 01 set and submitted to the Immigration Department.
– Valid documents will be returned to the Immigration Department after 05 working days
2. Procedures for applying for a temporary residence card for foreigners working at a representative office of a domestic company
A. Requirements for representative offices and foreigners
– Representative office is operating in Vietnam and the operating license is valid for at least 12 months
– Foreigner’s passport is valid for at least 1 year and is not subject to entry ban according to regulations.
– The foreigner’s visa or temporary residence card must be used for the right purpose (visa with symbol DN, LĐ or temporary residence card with symbol LĐ) and must be sponsored by the representative office in advance.
B. Application for temporary residence card for representative office
– Copy of business license of the company in Vietnam
– Letter of authorization from the company for the representative office to sponsor the application for temporary residence card for foreigners
– Certified copy of the representative office’s operating license
– Form for registration of seal and signature of the legal representative of the company and the head of the representative office of the representative office NA16
Application form for temporary residence card for foreigners working at the representative office NA6
– Information form for foreigners applying for temporary residence card NA8
– Work permit or work permit exemption certificate with a minimum validity of 01 year (Full 12 months)
– Letter of introduction from the representative office sending an employee to do the procedures
C. Application and receipt of visa results of the representative office
– The application is made into 01 set and submitted to the Immigration Department.
– Valid documents will be returned to the Immigration Department after 05 working days
Solution
To prepare in advance in terms of personnel, it is essential to know the law, which is the basis for reducing future damage, especially affecting current employees and having to pay unnecessary compensation and fines if handled properly. Contact us for a more detailed discussion of the Company’s situation.