Visa and work permit regulations that foreign investors need to know when investing in Vietnam
In the process of foreign investors
investing and doing business in Vietnam, Visa and Work permit are indispensable
legal documents that play a key role in immigration and legally work in Vietnam
for his/her business purposes.
In this article, Asia Legal will provide some regulations and contents that foreign investors need to know about Visa and Work permit when investing and doing business in Vietnam.
I.
Visa
1.
Type
of Visa
foreign
investors investing in Vietnam through the form of establishment or capital
contribution to companies operating in Vietnam are objects who eligible for a
visa to do long-term business activities in Vietnam. According to Clause 7,
Article 8 of the Law on entry, exit, transit, and residence of foreigners in
Vietnam, foreign investors investing in Vietnam will be granted visas with the
symbol "ĐT".
2.
Visa
duration
The
ĐT visa, which is issued to a foreign investor, is valid for a maximum of 5
years. When the visa expires, the foreign investor may be considered for
issuing a new visa.[1]
3.
Conditions
for visa issuance:
The
foreign Investor shall be issued with a visa when he/she
(i)
Has
a passport or laissez-passer.
(ii)
Is
invited or sponsored by an organization or individual in Vietnam, except for
the cases mentioned in Clause 3 Article 17 of the Law on entry, exit, transit,
and residence of foreigners in Vietnam.
(iii)
Not
suspended from the entry in the cases as follow: [2]
-
The
passport or valid laissez-passer is missing or ineligible;
-
Children
under 14 years of age without parents, guardians or authorized custodians.
-
Forging
papers or providing false information to obtain entry/exit/residence permit.
-
Any
person suffering from a mental disease or infectious disease that threatens the
public health.
-
Any
person that was deported from Vietnam within the last 03 years.
-
Any
person that was compelled to leave Vietnam within the last 06 months.
-
For
reasons of epidemic prevention.
-
For
reasons of natural disasters.
-
For
reasons of national defense, national security, social order, and social
safety.
(iv)
Proof
of entry purposes must be provided when applying for a visa such as: Investment
Registration Certificate/ Enterprise Registration Certificate; Notice of
satisfaction of the foreign investors' conditions for capital contribution or
purchase of shares or stakes;…;
II.
Work
Permit:
1.
foreign
investor is the owner or capital contributor of the limited liability company;
member of the Board of Directors will not be required to have a work permit.
According
to Clause 1,2, Article 154 of the Labor Code 2019 provides the cases in which
the foreign investors will be exempted work permit when working in Vietnam,
including:
(i)
Is
the owner or capital contributor of a limited liability company with a capital
contribution value conformable with regulations of the Government.
(ii)
Is
the Chairperson or a member of the Board of Directors of a joint-stock company
a capital contribution value conformable with regulations of the Government.
As such, the foreign investor who is the owner or capital
contributor of a limited liability company, and a member of the Board of
Directors of a joint-stock company will not be subject to the issuance of the
work permit. However, it is necessary to meet the condition of the capital
contribution of a certain value (the Government will have detailed regulations
later), at that time, the foreign investor will have not to fall into the
subject of issuing the work permit. Although there is currently no government
guidance on such specifical value of the capital contribution, this regulation
will certainly set a minimum level of capital for foreign investors to
contribute capital to enterprises for the purpose of minimizing the cases in
which some foreign investors take advantage of contributing to a limited
liability company with a small amount of capital to stay and work in Vietnam.
2.
Foreign
employees working for enterprises established or contributed capital by foreign
investors will be eligible for issuance of the work permit (except for the case
stated in item 2.1 below).
2.1.
Foreign
employees are not required to have the work permit:
a.
The
workers are internally reassigned in the companies which engage in 11 service
industries in the Vietnam’s WTO commitments on services, including: business,
communication, construction, distribution, education, environment, finance,
health, tourism, culture, entertainment and transportation;
b.
The
workers enter Vietnam to provide professional and technical advisory services
or perform other tasks serving the research, construction, appraisal,
assessment, management and execution of programs and projects funded by ODA
according to the International Treaties on ODA between the competent
authorities of Vietnam and other countries;
c.
The
workers are issued with the licenses for the practice of communications or
journalism in Vietnam by the Ministry of Foreign Affairs;
d.
The
workers are appointed by foreign agencies or organizations to teach or do
research in international schools under the management of foreign diplomatic
missions or international organizations in Vietnam or the workers are permitted
to teach or do research in educational and training institutions in Vietnam by
the Ministry of Education and Training;
e.
The
workers are volunteers who have obtained the certification of the foreign
diplomatic missions or international organizations in Vietnam;
f.
The
workers enter Vietnam to hold the positions of experts, managers, chief
executive officers or technicians for a period of under 30 days and an
accumulated working period of under 90 days per year;
g.
The
workers enter Vietnam to implement international agreements to which central or
provincial agencies and organizations are signatories in accordance with the
law;
h.
Students
who are studying in schools or training institutions in foreign countries
execute their practicum at agencies, organizations or companies in Vietnam upon
agreements;
i.
Relatives
of members who are executing their functions in foreign missions in Vietnam
upon the approval of the Ministry of Foreign Affairs, unless otherwise stated
in the International Treaties to which the Socialist Republic of Vietnam is a
signatory;
j.
Workers
are holders of Official Passports for working in state agencies, political organizations
or sociopolitical organizations;
k.
Other
cases decided by the Prime Minister at the request of the Ministry of Labor,
War Invalids and Social Affairs.
2.2.
Conditions
for issuing the work permit: [3]
Employees
will have to meet the following conditions to be granted a work permit:
a.
The
worker is capable of civil acts as prescribed by law.
b.
The
worker’s health is fit for working.
c.
The
worker is a manager, chief executive officer, expert or technician.
d.
The
worker is not a criminal or liable to criminal prosecution in accordance with
the Vietnam law and the foreign country’s law.
e.
The
employment of the foreign worker is approved in writing by a state competent
authority.
2.3.
Duration
of the work permit:[4]
The
duration of a work permit shall not exceed 02 years and is equal to one of the
following durations:
a.
Thời hạn của hợp đồng lao động dự kiến sẽ ký kết;
b.
The duration of the labor contract to be signed;
c.
The duration of assignment in Vietnam decided by the
foreign partner;
d.
The duration of the contract or agreement signed by and
between the Vietnamese partner and the foreign partner;
e.
The duration of the service contract or agreement signed
by and between the Vietnam partner and the foreign partner;
f.
The duration stated in the paper made by the service
provider who sends the foreign worker to Vietnam to negotiate the service
supply;
g.
The duration stated in the certificate of the foreign
non-governmental organization or international organization that has been
granted with operating license in accordance with the Vietnam law;
h.
The duration stated in the paper made by the service
provider who appoints the foreign workers to Vietnam to establish its
commercial presence;
i.
The duration stated in the paper proving the foreign
worker’s eligibility to participate in the operation of a foreign enterprise
that has established its commercial presence in Vietnam.
2.4.
Application
for the work permit:
a. The written
request for the work permit made by the employer in accordance with regulations
of the Ministry of Labor, War Invalids and Social Affairs.
b.
The health certificate or report on medical examination
which is issued by the foreign or Vietnamese authorized health organizations or
agencies and takes effect within 12 months from the signing date of conclusion
of heath status to the date of application.
c.
The criminal record or written certification that the
foreign worker is not a criminal or liable to criminal prosecution issued by
the foreign competent authority. If the foreign worker is a lawful resident in
Vietnam, only the criminal record issued by the Vietnamese competent authority
is required.
d.
The criminal record or written certification that the
foreign worker is not a criminal or liable to criminal prosecution must be
issued within 06 months prior to the submission of the application.
e.
The written certification that the worker is a manager,
chief executive officer, expert or technician.
f.
02 color pictures (4cm x 6cm, white background, frontal
face, bareheaded and no colorful glasses) that are taken within 06 months ahead
of the date of application.
h.
Documents related to the foreign workers
[1] Khoản
6, 7, Điều 9 Luật Nhập cảnh, xuất cảnh, quá cảnh, cư trú của người nước ngoài tại
Việt Nam
[2] Điều
21, Luật Nhập cảnh, xuất cảnh, quá cảnh, cư trú của người nước ngoài tại Việt
Nam
[3] Điều 9,
Nghị định 11/2016/NĐ-CP
[4] Điều
11, Nghị định 11/2016/NĐ-CP
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