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In the evolving landscape of remote work, employers can now hire talent from across the globe. When hiring employees who need to work in Vietnam or move there, understanding the local labor laws and regulations is crucial to avoid legal issues such as financial penalties or deportation. This guide provides a comprehensive overview of the work permit and visa requirements for Vietnam, detailing the processes involved to help employers navigate these complexities effectively.
Vietnam offers several visa options for individuals aiming to live or work in the country:
Business Visa (DN Visa): This visa is for those visiting Vietnam for business purposes, such as attending meetings or signing contracts. It is valid for up to 12 months, but the visitor can only work for a maximum of 90 days within this period.
Diplomatic Visa (NG Visa): Designed for foreign diplomats, government officials, and their families.
Investor Visa (DT Visa): Issued to foreigners entering Vietnam to invest in a local business.
Student or Internship Visa (DH Visa): For those studying at educational institutions or attending internships in Vietnam.
Tourist Visa: A 30-day visa for individuals visiting Vietnam for recreational and tourism purposes.
Transit Visa: For travelers transiting through Vietnam who plan to leave the airport's transit area during layovers.
Before a Vietnamese company can hire a foreign worker, they must publicly recruit for the position within Vietnam. This job posting must be available on a public forum, such as a newspaper or online portal, for at least 30 days. If no suitable Vietnamese citizen is found, the company must seek approval from the Ministry of Labor, Invalids, and Social Affairs (MoLISA) to hire a foreigner. This application should be submitted approximately 15 days before the foreign employee starts their job. Typically, MoLISA approves positions for experts, executive directors, and managers if local hires do not meet the job requirements.
A work permit is necessary for employees intending to work in Vietnam for more than three months. These permits are valid for 12 months and can be renewed if needed. The employer is responsible for submitting the work permit application. While most employees require a work permit, exceptions include:
Employees working in Vietnam for less than three months
Employees being transferred internationally
Members or owners of a limited company
Board members in a joint-stock company
Employees working in service sales for a foreign company in Vietnam
Lawyers with a professional permit from the Vietnamese Ministry of Justice
Volunteers certified by an international organization in Vietnam or a foreign diplomatic mission
To obtain a work permit, the employee must meet several requirements:
Be at least 18 years old
Be in good health
Have no criminal record
Legalize necessary documents in their home country and again in Vietnam
Employers and employees must prepare various documents for the work permit application process:
Vietnam work permit application form
Approval from MoLISA
Company’s business registration certificate
Employee’s work contract
Copies of degrees and qualifications
Proof of professional background
Criminal background certificate
Health certificate
Recent passport-sized photo
The cost of applying for a work permit varies by location within Vietnam. It typically takes about 15 business days for MoLISA to approve the hire, followed by five business days for the permit to be granted, provided all paperwork is in order. To ensure timely processing, employers are advised to start the application process 30 days before the foreign employee's expected start date. Work permits are valid for up to two years and can be extended for another two years. After this, a new application must be submitted. If the company shuts down or the employee's contract is terminated, the work permit will also be terminated.
Once the work permit application process begins, the employee can apply for a work visa at an embassy, consulate, or upon arrival in Vietnam. The requirements include:
Valid passport
Passport-sized photo
Vietnam visa application form
Sponsorship letter from the employer
For a visa on arrival, additional documents such as an approval letter from the Vietnamese Immigration Department and entry/exit forms are needed.
Digital nomads and freelancers do not need a work visa or permit if they are not working for Vietnamese companies. They can enter on a tourist visa or eVisa.
Remote helps employers comply with local labor laws by handling taxes, benefits, payroll, and immigration regulations. Their expertise ensures a smooth hiring or relocation process for employees in Vietnam.
Prepared on the information from remote.com