The number of foreigners coming to Vietnam for long-term employment is on the rise. To work legally in Vietnam, they must obtain a Vietnam work visa (LD visa). This article offers a comprehensive guide on how to apply for a Vietnam work visa, along with essential information you need to know.
Overview of the Vietnam Work Visa
The Vietnam work visa is categorized into two types: LD1 and LD2.
- LD1: Issued to foreigners who hold a work permit exemption certificate, unless specified otherwise by international treaties to which Vietnam is a party.
- LD2: Issued to foreigners who require a work permit to legally work in Vietnam.
This visa is typically valid for up to two years and can be extended. However, if the work permit is valid for less than one year, the work visa’s validity matches that of the work permit.
Legal Framework for the Vietnam Work Visa
For those seeking a Vietnam work visa, it’s important to understand the legal framework:
- Law No. 47/2014/QH13: Governs entry, exit, transit, and residence of foreigners in Vietnam.
- Law No. 51/2019/QH14: Amends and supplements certain provisions of Law No. 47/2014/QH13.
- Circular No. 04/2015/TT-BCA: Outlines regulations for foreigner entry, exit, and residence documents.
- Decree No. 11/2016/ND-CP: Details the issuance of work permits for foreign workers and deportation procedures for workers without permits.
How to Obtain a Vietnam Work Visa
To secure a Vietnam work visa, both the employer and the foreign worker must complete the following steps:
Step 1: Company Documents Preparation
The Vietnam-based company, acting as a sponsor, must prepare the following documents:
- Business registration certificate or equivalent (such as an investment license or operation license).
- Certificate of seal specimen or statement of seal use.
- Form NA16 for seal and signature registration.
- Form NA5 for visa applications, visa extensions, or stay extensions.
- A 3x4cm photo of the foreign worker.
- Work permit or exemption certificate.
- A copy of the foreign worker's valid passport.
Step 2: Submit the Documents
The company representative submits these documents to the Vietnam Immigration Department or local immigration office. After submission and payment of the visa fee, the representative will receive an appointment note indicating when the visa processing result will be available.
Step 3: Receive the Work Visa Letter
On the designated date, the company representative picks up the visa letter from the immigration department.
Step 4: Notify the Foreign Worker
The company informs the foreign worker, who will then need to complete the visa procedure at the Vietnamese embassy or consulate in their home country.
Step 5: Obtain the Visa and Pay the Fee
The foreign worker submits the following documents to the Vietnamese embassy/consulate:
- Form NA1 (Visa Application) with a 3x4cm photo.
- Original passport.
- Copy of the visa letter issued by the Vietnam Immigration Department.
- Payment of the visa fee.
Processing Time for a Vietnam Work Visa
The processing time for a Vietnam work visa is typically 5 working days from the submission of all required documents.
Vietnam Work Visa vs. Vietnam Business Visa
Although the Vietnam work visa and business visa may seem similar, they have key differences:
- Work Visa (LD visa): Issued to foreigners employed by a Vietnam-based company. It requires a work permit, and the application is processed by the employer in Vietnam before being finalized at the embassy abroad.
- Business Visa (DN visa): Granted to individuals conducting business with Vietnam-based enterprises. This visa can be applied for online or at the embassy without the need for a work permit.
Key differences include the requirement of a work permit for the work visa, its longer validity, and the ability to apply for a temporary residence card, unlike the business visa.