Vietnam Work Permits & Visas: Processes for Employers

Navigating the work permit and visa process in Vietnam can be complex for employers, particularly when relocating or hiring international employees. Whether you are bringing foreign talent into your organization or hiring from abroad, understanding the different work permit options and the specific visa processes will ensure a smooth transition. This guide outlines the essential steps, requirements, and types of work permits and visas that employers need to know when bringing international workers into Vietnam.

Who Needs a Work Permit in Vietnam

In Vietnam, foreign nationals intending to work for more than three months are generally required to obtain a work permit. This mandate applies to various roles, including experts, managers, and technical workers employed by Vietnamese enterprises. However, certain exemptions exist, such as for individuals working in Vietnam for less than three months, members or owners of limited companies, board members of joint-stock companies, and lawyers with a professional permit from the Vietnamese Ministry of Justice.

Types of Work Visas in Vietnam

Vietnam offers several work visa categories tailored to different employment scenarios. Understanding these options helps employers determine the appropriate visa type for their foreign employees.

Requirements for a Work Permit in Vietnam

To secure a work permit in Vietnam, foreign employees and their employers must meet specific criteria and provide necessary documentation.

• Age and Health: Applicants must be at least 18 years old and in good health, suitable for the job's requirements.
• Qualifications: Possess relevant professional qualifications or skills pertinent to the job position.
• Legal Standing: No criminal record or ongoing legal proceedings in Vietnam or the applicant's home country.
• Health Certificate: A medical report confirming the applicant's fitness for work.
• Criminal Background Check: A police clearance certificate from the applicant's home country and Vietnam.
• Proof of Qualifications: Notarized copies of degrees, certificates, and relevant work experience.
• Passport: A valid passport with a minimum of six months' validity remaining.
• Photographs: Recent passport-sized photos meeting Vietnam's visa photo requirements.

Vietnam Work Permit Application Process

• Approval to Recruit Foreign Workers: Employers must obtain approval from the Ministry of Labor, Invalids, and Social Affairs (MoLISA) to hire foreign workers. This involves demonstrating the necessity for foreign expertise.
• Submission of Work Permit Application: Employers submit the application, including all required documents, to the local Department of Labor, Invalids, and Social Affairs.
• Processing Period: Authorities typically take 15 business days for approval of the demand to employ foreign workers and an additional 5 business days for the issuance of the work permit.
• Issuance of Work Permit: Once approved, the work permit is issued, allowing the foreign employee to commence work legally in Vietnam.

Process for Visa Sponsorship in Vietnam

Visa sponsorship in Vietnam requires employers to act as guarantors for their foreign employees. This process includes obtaining necessary approvals, preparing and submitting documentation, and ensuring compliance with immigration regulations. Employers must coordinate with Vietnamese authorities to facilitate the issuance of appropriate visas, ensuring that foreign employees can legally enter and work in Vietnam.

What Are the Fees for a Work Permit or Visa in Vietnam

The fees associated with obtaining work permits and visas in Vietnam vary depending on the type and duration of the permit or visa.

Processing Time for a Work Permit or Visa in Vietnam

The processing time for obtaining a work permit in Vietnam generally totals around 20 working days, divided into two main stages:

• Approval of Demand for Employing Foreign Workers: Employers must first obtain approval to hire foreign personnel. This process typically takes about 15 working days.
• Issuance of the Work Permit: Once the demand is approved, the work permit is issued within approximately 5 working days.

Employers are advised to begin the application process at least 30 days before the intended employment start date to avoid delays and ensure compliance with local regulations.

Work Permit Renewal Periods in Vietnam

Work permits in Vietnam are valid for up to two years and can be renewed once for an additional two-year period. Employers seeking to renew a permit must meet the following conditions:

• Validity Period: The existing work permit must have at least 5 days but not more than 45 days of validity remaining before applying for renewal.
• Approval for Continued Employment: Employers must secure approval for the employee’s continued role in the specified position.
• Supporting Documentation: Documentation confirming the foreign worker's continued employment and role must be provided.

The renewal application typically takes about 5 working days to process, so employers should plan ahead to avoid gaps in employment authorization.

Visa Requirements for Digital Nomads in Vietnam

Vietnam currently does not have a dedicated visa category for digital nomads. Individuals intending to work remotely from Vietnam often enter the country on tourist visas. However, these visas do not legally permit employment activities, even if conducted online for foreign employers.

Engaging in work without the proper visa or work permit can lead to fines or deportation. Employers should ensure compliance with immigration laws if sponsoring visas for remote workers. Those considering working remotely in Vietnam should consult legal experts for up-to-date advice.

• Secure a proper work visa if employment activities will occur within Vietnam.
• Consult immigration authorities or legal experts for guidance on compliance with local labor laws.
• Plan for long-term solutions, such as applying for business or work visas when necessary.

Common Challenges and Tips for Employers Hiring in Vietnam

Employers hiring foreign workers in Vietnam face several challenges, but proactive planning can simplify the process.

• Complex Regulations: Vietnam's labor and immigration laws are intricate and subject to updates, requiring employers to stay informed about legal changes.
• Documentation Delays: Preparing necessary paperwork, obtaining approvals, and processing applications can be time-consuming.
• Cultural and Language Barriers: Employers may need to provide training and support to help foreign employees adapt to local workplace customs.

Tips for Employers:

• Stay updated on legal requirements by consulting government sources or legal experts.
• Initiate applications early to account for processing times and potential delays.
• Provide cultural training to improve integration and productivity of foreign employees.
• Consider outsourcing compliance tasks to legal or consultancy services for efficiency.

Hire Global employees without hassle with an EOR solution

Expanding your workforce across international borders is an exciting step, but it can be a logistical nightmare to hire and pay employees in different countries. That’s the advantage of using a trusted Employer of Record like Playroll. They can:

• Handle your international payroll: An EOR will act as your payroll provider, paying your employees on your behalf in the local currency. The company will also have in-depth knowledge of local tax codes, regulatory practices, and everything else that goes into managing global payroll.
• Alleviate compliance concerns: Different countries each have their own federal and local laws governing employee payments. An EOR helps ensure that you are compliant with the unique set of laws for any country in which your company operates. This is extremely important since a compliance slip-up can result in heavy fines or even a lawsuit.
• Hire and pay international contractors: Sometimes a particular project or role doesn’t require hiring a full-time employee. An EOR gives employers the flexibility to also hire contractors as needed, and avoid the potential for misclassification under local labor law.