All foreign nationals require an appropriate visa to enter Vietnam and this must be obtained prior to entering the country.
Business travelers, for example, are required to apply for a business visa to enter Vietnam. Generally, a business visa has a validity period of 3 months. After this period, the foreign national must re-apply for their visa, which will typically be considered as a “time expired visa” with no additional conditions for the new application.
However, we have recently become aware that the Immigration Department has taken a stricter approach with business applications. The Immigration Department is now only allowing business visas to be applied for a maximum of 2 times per year (meaning maximum of 6 months in a year only). For the third visa application within the same year, the Immigration Department may ask for evidence of a work permit (“WP”), in such cases, meaning a work visa should be obtained after obtaining two business visas.
Foreign nationals entering Vietnam should apply for the correct visa based on their entry purposes. Depending on the type of visa granted, the maximum duration ranges from 30 days to 5 years. After the initial visa period, the foreign national must re-apply for a new visa.
Foreign nationals, who intend to work in Vietnam, are required to obtain a work visa or “LD” visa to enter and stay legally in the country. They are also required to obtain a WP to legalize their employment unless they are exempted from the requirement.
A work (“LD”) visa is issued to foreign nationals for employment purposes in Vietnam. This LD visa can be issued for a maximum duration of 24 months and evidence of a WP is required as part of the work visa application.
A Business (“DN”) visa is issued to foreign nationals for business purposes in Vietnam. Generally, permitted activities under a DN visa include attending meetings, discussions, exploring business opportunities, attending conferences and fact-finding missions.
We have recently observed that the Immigration Department has taken a stricter approach with business visas and is now only allowing for a business visa to be applied for a maximum of 2 times per year (meaning maximum of 6 months of business in a year). For the third visa application within the same year, the Immigration Department may ask for evidence of a work permit.
Business visitors to Vietnam should be mindful of this new approach, noting that a work visa should be obtained where the foreign national has previously held 2 business visas in the previous 12-month period.
For a deeper discussion on the above, please reach out to your Vialto Partners point of contact, or alternatively:
Brittany Chong
Partner
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