VI In the context of increasingly deep international economic integration, the demand for employing foreign workers in Vietnam continues to grow, requiring strict compliance with legal regulations related to immigration and labor. Applying for a work visa for foreigners is not merely an administrative procedure but also requires a comprehensive understanding of the conditions, documentation, and processes under current regulations. Let’s explore with Pham Consult the key legal aspects to ensure that the work visa application is conducted properly and efficiently.
- What is a work visa?
A work visa is a type of visa that allows foreigners to legally work in Vietnam. It is a necessary condition for foreign workers to enter, reside, and work in accordance with the law.
Pursuant to Article 8 of the Law on Entry, Exit, Transit, and Residence of Foreigners in Vietnam 2014 (amended and supplemented in 2019), work visas include two types:
– LĐ1: Issued to foreigners working in Vietnam who are certified as exempt from work permit requirements, unless otherwise provided by international treaties to which Vietnam is a member;
– LĐ2: Issued to foreigners working in Vietnam who are required to have a work permit.
According to Article 9 of the Law on Entry, Exit, Transit, and Residence of Foreigners in Vietnam 2014 (amended and supplemented in 2019), visas with symbols LĐ1 and LĐ2 are valid for no more than 02 years.
- Conditions for granting a work visa to foreigners working in Vietnam
Pursuant to Article 10 of the Law on Entry, Exit, Transit, and Residence of Foreigners in Vietnam 2014 (amended and supplemented in 2019), foreigners must meet the following conditions to be granted a work visa in Vietnam:
– Possess a passport or a valid international travel document;
– Be invited or sponsored by an agency, organization, or individual in Vietnam, except for cases specified in Articles 16a, 16b, and Clause 3, Article 17 of the Law;
– Not fall under the cases of denial of entry as prescribed in Article 21 of the Law;
– Foreign workers must have a work permit in accordance with the Labor Code 2019;
– E-visas are granted to foreigners holding passports and not falling under the cases specified in Clauses 1, 2, 3, and 4, Article 8 of the Law.
- Procedures for applying for a work visa for foreign workers in Vietnam
Before carrying out procedures to invite or sponsor a foreigner to enter Vietnam, the inviting or sponsoring agency, organization, or individual must submit a written notification along with the relevant dossier to the Immigration Department. This notification is made only once; any changes in the dossier must be supplemented accordingly.
Foreigners wishing to apply for a work visa must go through an inviting or sponsoring agency, organization, or individual to carry out procedures with the immigration authority. The inviting or sponsoring party shall directly submit a written request for visa issuance to the immigration authority, via public postal services, or through electronic means (for eligible organizations and individuals as prescribed in Clause 1, Article 16b of the Law).
Within 05 working days from the date of receiving the visa application request, the immigration authority shall consider, process, and respond to the inviting or sponsoring party, and notify the competent Vietnamese visa-issuing authority abroad.
After receiving the response from the immigration authority, the inviting or sponsoring party shall inform the foreigner to proceed with visa issuance procedures at the competent Vietnamese visa-issuing authority abroad.
