The Visa registration for labor purposes process

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Visa registration for labor purposes for foreigners working in Vietnam is an important step for both the employees and the government. Understanding this procedure is crucial to avoid legal troubles and ensure the smooth operation of foreign workers. In this article, Long Phan will provide you with information on the process of registering a work visa.

Visa Registration for Employment Purposes

Visa Registration for Employment Purposes

What is a Labor Visa for Foreigners Working in Vietnam?

A visa for foreigners working in Vietnam is a type of visa issued by the Government of Vietnam. This visa, also known as a permit, is granted for labor purposes and applies to individuals who meet the requirements for a work permit or conditions specified in the Vietnamese Labor Law.

Based on the provisions of Article 11, Clause 3 of the Law on Entry, Exit, Transit, and Residence of Foreigners in Vietnam 2014

Types of Labor Visas

  • Short-term visa: This type of visa has a maximum duration of 3 months. It is granted to specialists, managers, and technical workers from abroad entering Vietnam to work for enterprises or organizations, denoted as DN1, DN2.
  • Long-term visa: This type of visa has a maximum duration of 1 year (12 months). It applies to foreigners with a work permit or a certificate of exemption from the work permit requirement, denoted as LD1, LD2.

Current Types of Visas

Current Types of Visas

The duration of labor visas:

  • The maximum duration of a work visa is up to 3 months for short-term employment without a work permit.
  • The maximum duration is up to 1 year (12 months) for individuals granted a work permit, exempted from a work permit, or investors.
  • If foreigners wish to apply for a visa longer than 12 months (1 year), they can proceed with the procedures to obtain a temporary residence card. These procedures must be carried out according to regulations, with durations ranging from 1 to 10 years depending on the specific case.

Conditions for Labor Visa Issuance

To be granted a Vietnam labor visa, foreigners must meet the following conditions:

  • Possess a valid passport or travel document.
  • Receive an invitation or guarantee from a Vietnamese agency, organization, or individual.
  • Not be on the list of restricted entry subjects.
  • For foreigners intending to work in Vietnam, they must have a work permit as required by the Labor Code.
  • For E-visa registration, ensure possession of a passport and not fall under specific provisions of the Law on Entry, Exit, Transit, and Residence of Foreigners in Vietnam 2014.

Based on the content of Article 10 of the Law on Entry, Exit, Transit, and Residence of Foreigners in Vietnam 2014.

Labor Visa Registration Process

Application Requirements

According to Article 16, Clause 2 of the Law on Entry, Exit, Transit, and Residence of Foreigners in Vietnam 2014, the required documents to submit to the Immigration Department include::

  1. A notification letter regarding visa issuance.
  2. A certified copy of the enterprise registration certificate.
  3. Introduction letter with the authorized seal and signature of the organization’s representative.

According to Article 12, Article 17 of the Law on Entry, Exit, Transit, and Residence of Foreigners in Vietnam 2014, supplemented by Article 7 of the Law on Entry, Exit, Transit, and Residence of Foreigners in Vietnam 2019, and Circular 04/2015/TT-BCA, the submission of visa application documents for foreign laborers to the Immigration Department includes the following:

  1. Vietnam visa application form.
  2. Certified copy of the work permit or certificate of exemption from work permit requirement.
  3. Supporting documents if falling under one of the following exempted visa categories:
  • According to international agreements of which Vietnam is a member.
  • Using residence cards, temporary residence cards as prescribed by Vietnamese law.
  • Entering economic zones, special administrative-economic units.
  • Having unilateral decisions to exempt visas issued by Vietnam.
  • Vietnamese citizens residing abroad with passports or valid travel documents issued by foreign competent authorities. And foreigners who are spouses, children of Vietnamese citizens; foreigners who are spouses, children of Vietnamese citizens exempted from visa requirements according to the regulations of the Government.
  • Entering coastal economic zones as decided by the Government when meeting all conditions: having international airports; having separate geographical boundaries, distinct from the mainland; in line with economic and social development policies and not detrimental to national defense, security, order, and social safety of Vietnam .

Procedure Implementation

According to Article 16 of the Law on Entry, Exit, Transit, and Residence of Foreigners in Vietnam 2014 and the regulations in Article 3 of Circular 31/2015/TT-BCA, the visa registration process is carried out in the following steps:

  • Step 1: The guaranteeing entity sends notification and related documents to the Immigration Department. Notifications are made once, and any changes in the document content will be informed for amendments.
  • Step 2: The guaranteeing entity directly submits the visa application to the Immigration Department. They can also submit and receive results electronically if meeting the legal requirements.
  • Step 3: Within 05 working days from receiving the visa application, the Immigration Department examines, processes, and replies to the guaranteeing entity. Then, it informs the relevant authorities at Vietnamese overseas missions.
  • Step 4: Upon receiving the reply, the guaranteeing entity informs the foreigner. They can then proceed to obtain the visa at the competent authority of Vietnam at the overseas missions.

Processing labor visa registration

Processing labor visa registration

Visa registration for labor purposes Service Consultation

To assist foreigners in registering for labor visas, Long Phan provides the following services:

  • Guidance on the necessary steps for labor visa registration.
  • Assessment and review of customer documents.
  • Assistance in completing forms, scheduling interviews (if necessary), and preparing documents as required by the visa issuance authority.
  • Representation of clients in communication with the visa issuance authority.
  • Providing the latest information on document processing, regulatory changes, and policies related to labor visas.

Therefore, there are various types of work visas suitable for different individuals and purposes. Conducting in-depth research and seeking specialized advice on the type of work visa to apply for can help save time and optimize costs for foreigners working in Vietnam. For specific inquiries or to use visa application services at Long Phan, please contact Hotline 0906.735.386 for guidance.

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