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Guides

06/08/2021

📖Work permit, visa & residence card

Work permit

All expatriates working in Vietnam must hold a work permit (WP) unless they are exempt under one of the following categories:

  1. An shareholder of a limited liability company with minimum capital of VND3 billion(~USD130K)(*);
  2. Chairperson or a member of the Management Council of a joint-stock company with minimum capital of VND3 billion;
  3. An internal assignee of a foreign enterprise which falls within the 11 business sectors specified in Vietnam’s Schedule of WTO commitments (e.g. construction, transportation etc.)
  4. A business visitor holding the title of director, executive director, technical specialist entering for less than 30 days per visit and not more than 3 visits per year; or
  5. A person entering Vietnam to perform the duties of establishing commercial presence in Vietnam.

(*) the regulation is unclear whether the VND3 billion requirement is applicable to each company or each individual.  In practice, it applies to each individual who is named in the Investment Registration Certificate or the Enterprise Registration Certificate as one of the owners, investors, shareholders  and rather than as a representative of a corporate shareholder.  This is despite that the law includes “a representative of a foreign organisation investing in Vietnam”, which causes confusion.

WP exemption is not automatic and not valid until the person eligible for exemption has notified the labor authority of his/her in writing and such notice is accepted.

A work permit must be obtained at least 15 days before arrival in Vietnam.  In practice, an applicant may apply for work permit after arrival in Vietnam under any entry visa.  A WP is valid up to 2 years and is renewable.

Work visa 

The rules for work visas are summarised below:

Type of visa Who is eligible Validity
DT1-Visa A individual investor or a representative of a corporate investor investing in a company in Vietnam:

  • VND100 billion or more; or
  • in a highly promoted business sector or geographical location.

Up to 5 years.

DT2-Visa The same person as above:

  • investing from VND50 billion or above but less than VND100 billion; or
  • investing in a promoted business sector.

As above.

DT3-Visa The same person as above investing from VND3 billion or above but less than VND50 billion. Up to 3 years.
DT4-Visa The same person as above investing less than VND3 billion. Up to 12 months.
LD1-Visa & LD2-Visa Individuals who are either exempt from, or required to have, a work permit, respectively.

Up to 2 years.

All above visas are multiple entry visas and renewable. A visa holder may apply for change of type of visa if he/she becomes eligible for another type of visa.

Temporary Residence Card (TRC)

Persons eligible for a TRC include:

Type of TRC Who is eligible Validity
DT1 DT1-Visa holders Up to 10 years
DT2 DT2-Visa holders Up to 5 years
DT3 DT3-Visa holders Up to 3 years
LD1/LD2 LD1/LD2-Visa holders Up to 2 years

TRCs are optional and renewable.  Holders of a valid TRC may be exempt from a work visa.  They may also apply for change of TRC type if they become eligible to another type of TRC.

  • DT4-Visa holders are not eligible for TRC.
  • TRC holders may sponsor their relatives’ visits to Vietnam and their spouse and children below 18 may live in Vietnam with them.
  • TRC holders are exempt from a visa as long as their TRC is valid, and they may apply for a Vietnam driver’s license and legally own properties (e.g. vehicles, apartments etc.) in Vietnam.
Disclaimer

Please note that the above information is intended as general guidance only. It does not constitute an advice and it should not be used as an alternative to seeing professional advice. If you have queries on any matter in the context of your circumstance, please contact us.

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