Opportunities Unclocked: Navigating Visa and Work Permits in Vietnam (2023 Recap)

In recent years, Vietnam has emerged as a dynamic hub of economic growth and cultural diversity, captivating the attention of individuals seeking promising work opportunities abroad. As the allure of this Southeast Asian gem continues to grow, more and more foreigners are setting their sights on Vietnam for both short-term ventures and long-term careers. However, beneath the allure lies the necessity of understanding the intricate processes surrounding visas and work permits. Vietnam offers a range of visa categories tailored to different purposes of visit . Understanding the distinctions between these categories is pivotal for choosing the right pathway that aligns with your intentions. 

 In this comprehensive guide, we will delve into the multifaceted landscape of working in Vietnam, beginning with a broad overview of its escalating global appeal and the imperative need to comprehend the visa and work permit procedures. 

1. Work permit

A. Work Permit in Vietnam: General Information

1. Who Needs a Work Permit?

Any foreign national intending to work in Vietnam, whether for a local company or an international organisation, is generally required to obtain a work permit. There are a few exceptions, including diplomatic personnel, representatives of international organisations, and certain individuals with specialised skills.

2. Validity Period

Vietnam’s work permits are typically issued for a specific duration, often matching the length of the employment contract. Work permits are generally granted for a maximum period of two years, and they can be extended or renewed as needed.

3. The Application Process

The process of obtaining a work permit in Vietnam involves several steps, including the following: 

• Job Offer: Before applying for a work permit, you must secure a job offer from a Vietnamese employer. The offer should outline your job responsibilities, contract duration, and other relevant details. 
• Health Check: Foreign applicants are required to undergo a medical examination to ensure they meet the health requirements set by Vietnamese authorities. 
• Document Preparation: You and your employer will need to prepare a set of documents, including your job offer, passport, educational certificates, criminal record clearance, working experience and other supporting materials. 

• Submission: The work permit application is submitted to the Department of Labor, Invalids, and Social Affairs (DoLISA) in the province where your employer is located. 
• Processing Time: The processing time for work permit applications varies, but it typically takes a few weeks to a couple of months. 
• Approval: If your application is approved, you’ll receive a work permit that allows you to legally work in Vietnam. 

B. Requirements change in 2023 

In 2023, the country introduced a series of changes to its work permit requirements, aiming to enhance transparency, streamline processes, and ensure that foreign individuals contribute effectively to the nation’s development. 

C. Work permit exemptions  

Under certain circumstances, foreign individuals have the opportunity to engage in work within Vietnam without necessitating a conventional work permit. However, in such scenarios, they are required to acquire a work permit exemption certificate, which holds the same legal weight as a standard work permit. This exemption certificate remains valid for a duration of up to two years and also functions as the foundation for obtaining a temporary residence card. 

For those contemplating work in Vietnam under the umbrella of these exemptions, a prerequisite involves submitting a notice to the provincial Ministry of Labor, Invalids and Social Affairs (DoLISA) or (MoLISA) at least seven days ahead of commencing work within the country. 

Referring to Article 154 of Labor Code No.45/2019/QH14, the subsequent categories are eligible for exemptions from work permits: 

• Individuals who are owners or capital contributors of limited liability companies that fulfill the capital contribution criteria as mandated by government regulations. 
• Chairman or members of the Board of Directors of joint-stock companies that meet the capital contribution criteria established by government regulations. 
• Heads of representative offices, leaders of project offices, or individuals working for foreign non-government organisations in Vietnam. 
• Those engaged in work within Vietnam for a period not exceeding three months. 
• Individuals entering Vietnam for a duration of fewer than three months for the purpose of addressing emergencies or technically intricate situations that possess the potential to impact production, situations that Vietnamese or foreign experts presently in Vietnam are unable to resolve. 

• Legal practitioners granted a professional permit in Vietnam. 
• Scenarios outlined in accordance with international treaties to which Vietnam stands as a signatory. 
• Foreigners who marry Vietnamese citizens and are residing within the confines of Vietnamese territory. 
• Other specific cases allowed by the government. 

 D. When & How to apply 

1. Essential Documentation for Work Permit Application 

To initiate the application for a work permit in Vietnam, certain crucial documents must be submitted to the Vietnamese Department of Labor, War Invalids and Social Affairs. These documents include: 

• Valid Passport: Your passport must be valid for a minimum of 6 months from the date of application. 
• Health Certificate: This certificate should be obtained from a recognized Vietnamese hospital or clinic, affirming your health status (valid for a minimum of 6 months from the date of issuance). 

• Criminal Background Check: An official criminal background check from your home country must be provided (valid for a minimum of 6 months from the date of issuance). 

Once your application is complete, you will need to pay a processing fee and wait for your work permit to be issued. The processing time for a work permit in Vietnam is typically 3-4 weeks for enough documents. 

E. Processing time & Cost   

The work permit request processing time is totally 20 working days (after receiving full required documents), including: 

• 15 days for approval of demand for employing foreigners; 

• 05 working days for granting the work permit by the Ministry of Labor, Invalids and Social Affairs or the Department of Labor, Invalids and Social Affairs 

Once your application is complete, a processing fee is required. Depending on where proceeding the procedures for granting a work permit to an employee, the fee will be regulated differently (according to Circular 250/2016/TT-BTC). 

Foreigners will not have to pay the fee for applying for a work permit, the employer should cover the expense. 

F. Work Permit Termination  

A work permit can be terminated under the subsequent circumstances: 

• Work Permit Expiry: The work permit naturally concludes upon its designated expiration date. 
• Labor Contract Termination: When the labor contract between the foreign employee and the employer is terminated, the work permit also concludes. 
• Inconsistent Labor Contract: If the terms outlined in the labor contract do not align with the specifications of the granted work permit, the permit may be terminated. 
• Foreign Employee Dismissal: In the event that the foreign employee is dismissed by their foreign employer, the work permit may be terminated. 

• Authorized State Agencies’ Withdrawal: Authorized state agencies possess the authority to withdraw a work permit. 
• Company, Organization, or Partner Closure: If the company, organization, or partners within Vietnam cease their operations, the work permit may be concluded. 
• Legal Action Outcomes: The work permit may be terminated if the foreigner is convicted and sentenced to imprisonment, deceased, or legally declared missing by the court. 

II. Visa application

A. Overview of the market in the first 6 months of 2023

Vietnam has restored its visa policy and entry and exit policy for international visitors as before the outbreak of COVID-19. This means no more quarantine, COVID tests, vaccination proof, health declaration, or anything like that. Visitors from 25 countries may enter visa-free for a certain number of days. To stay longer, they can apply for a visa extension upon arrival in Vietnam. 

Vietnam’s e-Visa is now available to nationals of 80 countries. It is a single-entry visa that allows a maximum stay of 30 days. It cannot be extended. To apply for an e-Visa, visitors need to fill out an online application form and pay a fee of $25. They also need to upload a passport photo and a scanned copy of their passport data page. The e-visa will be issued within three working days and sent to the applicant’s email. Visitors need to print out the e-Visa and present it at the immigration checkpoint upon arrival in Vietnam. 

Vietnam Visa on Arrival (VOA) is another option for visitors who want to enter Vietnam. It is a pre-arranged visa that can be obtained at one of the international airports in Vietnam. It can be single-entry or multiple-entry and can allow a stay of up to 90 days. To apply for a VOA, visitors need to submit an online application form and pay a service fee to a travel agency or a visa agent. They will receive an approval letter via email within two working days. They need to print out the approval letter and prepare two passport-sized photos, an entry-and-exit form, their passport, and cash for the stamping fee. They need to present these documents at the VOA counter at the airport and pay the stamping fee (ranging from $25 to $135 depending on the type and duration of the visa) to get their visa stamped on their passport. 

B. New policies (procedures)

In 2023, there won’t be any changes to the rules governing travel in Vietnam with an ID. The increase of the e-visa validity to 90 days and the acceptance of repeated entries for all nations and territories are the only new regulations that will come into force on August 15, 2023. This means that visitors who intend to stay in Vietnam for longer than 30 days or who wish to return after leaving won’t have to submit an application for a new visa or an extension of their current visa. These nations include certain ASEAN nations as well as some European and South American nations. (Source) 

Visa application to which countries and territories? 

Starting from August 15, 2023, Vietnam will implement a new update to its e-Visa scheme, which will extend the validity period to 90 days and allow multiple entries for all countries and territories that are eligible for the e-Visa. This means that travelers who have a valid passport and an e-Visa can stay longer or re-enter Vietnam after leaving without applying for a new visa or a visa extension.  

The new update will apply to nationals of 80 countries and territories, including some major markets such as the United States, Canada, Australia, China, Japan, South Korea, and the European Union.  

The e-Visa application process and fee ($25) will remain the same as before. Travelers can apply for an e-Visa at [Vietnam e-Visa Official Website] or [Vietnam Tourism]. The new update is expected to boost the tourism industry and enhance the bilateral relations between Vietnam and other countries and territories.

C. How to apply

D. Processing time & Cost 

As there is no change in the visa rules or the visa fees, the processing time and cost for visa applications in Vietnam in 2023 are the same as in 2022. The sole distinction is that beginning on August 15, 2023, multiple entries will be permitted for some nations (Except the sensitive nationalities) and territories and the e-visa validity will be increased to 90 days. The main visa categories, their processing times, and their costs are listed below: 

*This timeline is based on the Government process. It can be faster or delayed. 

Final Thoughts  

Vietnam’s growth as a dynamic destination for work and travel has brought about crucial updates in its visa and work permit landscape in 2023. Simplified processes, extended e-Visa validity, and multiple entry options have made entering and staying in Vietnam more convenient. 

As you navigate these changes, Source of Asia’s Corporate Services stands ready to guide you. With two decades of experience, we can simplify the administrative complexities, from visa procedures to establishing a local presence. This allows you to focus on your core goals while tapping into Vietnam’s exciting opportunities. 

In a shifting landscape, Source of Asia is your trusted partner, ensuring your journey into Vietnam is seamless and productive.