{Rivermate | Work Permits and Visas in 2024: Your Handbook for Vietnam

International Employment Laws

Work Permits and Visas in 2024: Your Handbook for Vietnam

Published on:

July 16, 2024

Written by:

Vladana Donevski

Key Takeaways:

  1. Those who want to move and work in Vietnam should get familiar with its work permits and available visas. For stays of up to 30 days, most people don’t need a visa.

  2. However, for longer stays expats should rely on either a business or work visa. A work visa must be accompanied by a work permit.

  3. Vietnam currently doesn’t offer a digital nomad visa or visas for self-employed. To live and work in Vietnam, you need an employer sponsor. If you need a work visa and permit in Vietnam as self-employed, you should consider consulting with your EOR to find the right solution.

Vietnam has long been a dream destination for many. With its tropical climate, vibrant cities, friendly locals, and thriving economy, it’s an ideal place for those looking to relocate for work. Vietnam is also known for its safety, delicious cuisine, and generally low cost of living. This makes it an attractive option for expatriates.

Vietnam offers a unique blend of traditional charm and modern convenience that appeals to expats. The country's rich history, beautiful landscapes, and many cultural experiences make it a fascinating place to live.

Major cities like Hanoi and Ho Chi Minh City provide excellent job opportunities for professional growth. Vietnam's growing digital infrastructure and co-working spaces make it an ideal destination.

Understanding the work permits and visa requirements is necessary to move to Vietnam. Here is everything you need to know about the types of visas available, the application process, and work permits for Vietnam.

What types of Vietnamese visas are available?

There are two different visas you could get if you want to work in Vietnam. For shorter stays, you can rely on a DN visa, more commonly known as a Business Visa. For longer stays, you may get an LD visa, also known as a work visa.

Here’s an overview of the two most common ones:

DN Visa (Business Visa)

The DN Visa is for people working with a business or company already set up in Vietnam. This type of visa is most commonly issued for those who need to attend meetings, seminars, or other, short-term business obligations in the country.

There are four types of DN Visas based on how long they last and how many times you can enter Vietnam:

  • Single entry, valid for 1 or 3 months: You can enter Vietnam once and stay for 1 or 3 months.

  • Multiple entries, valid for 1 or 3 months: You can come and go as often as needed within either 1 or 3 months.

  • Single entry, valid for 6 or 12 months: You can enter once and stay for 6 or 12 months.

  • Multiple entries, valid for 6 or 12 months: You can come and go as often as needed within either 6 or 12 months.

LD Visa (Work Visa)

The LD Visa is for people who want to work for a company in Vietnam. It is used for longer stays and needs a work permit. There are two types:

  • LD1 Visa: You don't need a work permit if you have special skills or if you work on a new high-tech project.

  • LD2 Visa: You need a work permit, and the company in Vietnam will help you get it.

These visas let you stay and work in Vietnam, depending on your job and how long you plan to stay. Each visa type has different rules about how long you can stay and how many times you can enter the country.

How to obtain a work visa for Vietnam?

Before a company in Vietnam can hire a foreign worker, they must first try to find a local person for the job. Your employer must post the job ad in newspapers or online job sites at least 30 days before offering you the role.

Once the employer has proof there are no suitable Vietnamese for the role, they need permission from the Ministry of Labor, Invalids, and Social Affairs (MoLISA) to hire a foreign worker. This request should be made around 15 days before the foreign employee starts work.

It's important to note that MoLISA only approves foreign workers who are qualified for higher positions. This includes experts, managers, or directors.

Vietnam Work Permits

Before getting a work visa, you need a work permit or must be in the process of getting one. A work permit allows you to work legally in Vietnam for over three months and is usually valid for 12 months. It can be renewed if you need to stay longer.

The employer is responsible for applying for a work permit.

However, not all roles require a work permit. You don’t need a work permit if you work in Vietnam for less than three months. It is also not required for those transferred from another country to a local branch. Owners or members of a limited company, board members of a joint-stock company, lawyers with permits, and volunteers also don't need a permit.

Vietnam Work Permit Requirements

The foreign worker must meet certain conditions to get a work permit in Vietnam. You must be at least 18 years old, in good health, and without a criminal record. The documents must be notarized in your home country and then by the Vietnamese government once you arrive.

Documents Needed for a Vietnam Work Permit

The employer and the employee need to provide specific documents for the work permit application. The employer must submit the work permit application form, MoLISA’s approval, the company's business registration certificate, and the employee’s work contract.

You, as an employee, need to provide copies of your degrees and qualifications and proof of your professional background. You also need to submit a criminal background certificate and a health certificate. Furthermore, you must provide a recent passport-sized photo that meets Vietnam’s visa requirements.

Vietnam Work Permit Processing Time, Cost, and Extensions

The cost to apply for a work permit varies depending on your home country. Once the employer completes the paperwork, MoLISA typically approves the hire within 15 business days. After that, the employer can apply for the permit. It usually takes about five business days to process if everything is in order.

It’s recommended that employers start the application process 30 days before the foreign employee's start date. A work permit is valid for up to two years. But, it can be extended for another two years. After that, a new work permit application is needed.

The fee for a work permit in Vietnam varies. For new applicants, the cost is VND 400,000 per permit (about $20). If you need a re-issued work permit, the fee is VND 300,000 (about $15). For renewing a work permit, the cost is VND 200,000 (about $10). These fees are standard for the application process.

When applying for a work visa in Vietnam, the fees can differ based on how many entries it allows. A single entry visa costs $25. For multiple entry visas, the fees range from $50 for a three-month visa to $155 for a visa valid for two to five years. There is also a $10 fee for a written visa exemption.

Does Vietnam offer visas for digital nomads or self-employed?

Unfortunately, Vietnam does not offer specific visas for digital nomads, or self-employed individuals. The most common alternative digital nomads rely on is a Business Visa.

It might be best to consult with an EOR that supports Vietnam if you want to travel and work there but don’t have an invitation from a Vietnamese employer. They may be able to offer solutions and become your employer for visa purposes.

Are there alternatives to visas and work permits?

Vietnam also offers temporary and permanent residence cards to expats who meet certain criteria. In essence, these allow expats to live and work in Vietnam for an extended period, without having to renew their visas or permits. Here is what you should know about Vietnam’s residence cards.

Temporary Residence Cards

A Temporary Residence Card (TRC) in Vietnam is a document issued by the immigration authority. It allows a foreign resident to live and work in Vietnam for an extended period without the need for constant visa renewals. Essentially, it acts like a residency permit, providing stability and convenience for expatriates.

TRCs in Vietnam can be valid for anywhere between 3 to 10 years, depending on the type of visa used to obtain them. It is important to renew the TRC before it expires to maintain legal residency. Eligibility for a TRC generally requires holding a valid work visa (such as an LD visa) with a validity of at least one year and a work permit.

Having a TRC offers several benefits. It eliminates the hassle of frequent visa renewals and allows for multiple entries and exits during its validity period. Additionally, it simplifies various processes such as opening a bank account or renting an apartment, making day-to-day life much easier for foreign residents.

To obtain a TRC, you typically need to submit an application form along with relevant documents like your passport, visa, and work permit, and pay a fee. It's advisable to consult the Vietnamese immigration department or a visa consultant to get the latest information on application procedures and specific requirements.

Permanent Residence Cards

Vietnam also offers Permanent Residence Cards (PRC) to foreigners who meet specific criteria. Obtaining a PRC is generally more challenging than getting a TRC. Eligibility is limited to certain categories of foreigners, including those who have made significant contributions to Vietnam, highly qualified scientists and experts, family members of Vietnamese citizens, and stateless persons who have lived in Vietnam for a long time.

Highly qualified scientists and experts with expertise needed in Vietnam might also be eligible. Family members of Vietnamese citizens, such as spouses, parents, or children, can apply after meeting specific requirements regarding marriage duration or family ties. Stateless persons who have resided in Vietnam for a long time, typically since 2000 or earlier, are also eligible.

There are important considerations for those seeking a PRC. A Vietnamese citizen, often a family member, might need to sponsor the application. Additionally, most categories require continuous legal residence in Vietnam for a specific period, usually between 3 to 10 years.

The benefits of a PRC include indefinite residence in Vietnam You generally won't need a visa to enter or leave Vietnam once you have a PRC. PRC holders might face fewer restrictions on property ownership or business registration.

The application process for a PRC can be complex and involves more documentation compared to a TRC. It's essential to prepare thoroughly and possibly seek assistance from the Vietnamese immigration department or a visa consultant to navigate the process.

Why does compliance matter when it comes to visas and permits in Vietnam?

Employing foreign workers in Vietnam without a work permit can lead to serious consequences for both employers and employees.

Employers who hire foreign workers without proper work permits or written confirmations of exemption, or who employ foreign workers with expired permits or exemptions, face significant fines.

The fines range from VND 30,000,000 to VND 45,000,000 if the violation involves 1 to 10 workers. For 11 to 20 workers, the fine increases from VND 45,000,000 to VND 60,000,000. If 21 or more workers are involved, the fine ranges from VND 60,000,000 to VND 75,000,000.

Foreign employees working without a work permit, as well as those using expired or invalid permits or certifications, can be fined between VND 15,000,000 and VND 25,000,000. In addition to the fines, foreign workers without the proper permits or certifications may also be expelled from Vietnam.

These measures highlight the importance of ensuring all foreign workers have the necessary permits to work legally in Vietnam.

What you need to know about paying taxes as a foreign worker in Vietnam

Vietnam uses a residency-based tax system. If you are considered a tax resident of Vietnam, you'll be taxed on your worldwide income. Your taxable income includes your salary, bonuses, allowances, and any other benefits you receive from your Vietnamese employer. Vietnam has a progressive tax rate system for personal income tax (PIT), ranging from 5% to 35% on your taxable income.

Your employer in Vietnam is usually responsible for withholding income tax from your salary and sending it to the tax authorities. They handle most of the administrative tasks related to your tax payments. Although your employer withholds taxes, you are still responsible for filing an annual tax return in Vietnam. This usually happens in the first quarter of the following year.

You are generally considered a tax resident if you stay in Vietnam for 183 days or more in a calendar year. Even if you stay for less than 183 days, you might still be considered a resident if you have a spouse or minor children who are Vietnamese citizens or if you have a permanent residence registered in Vietnam.

Vietnam has Double Taxation Agreements (DTAs) with many countries to prevent expats from being taxed on the same income in both Vietnam and their home country.

FAQ:

What kind of visa do I need to work in Vietnam?

To work in Vietnam, you typically need an LD Visa if you're employed by a company and require a work permit. You may opt for a DN Visa if you're doing business with a Vietnamese company.

What is the difference between a work permit and a business visa in Vietnam?

A work permit is required for employment in Vietnam, allowing you to work legally for an extended period. A business visa, on the other hand, is for shorter visits related to business activities like meetings or exploring opportunities.

Can I work in Vietnam on a tourist visa?

No, you cannot work in Vietnam on a tourist visa. Tourist visas are strictly for leisure purposes and do not permit any form of employment or business activities.

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