Gia Hợp Visa

Question
My company applied for work permit for 3 foreigners, valid for 2 years. We will be extending the contract for another 2 years, however, the current work permit will expire in 30 days. So can my company renew the work permit? Thank you.

Base on Article of Decree 11/2016/NĐ-CP, it stated the following cases will be qualified for renewal:

Valid work permit but was lost, damaged or any changes in the information of the work permit, with exception stated in Clause 8, Article 10 of this Decree.

The work permit is still valid for at least 5 days but not more than 45 days.

Hence, base on the given information, the work permit is about to expire. As a result, the company can still submit an application for work permit renewal for the 3 foreign workers.

The required documents that need to be submitted are the following:

Application form request for work permit renewal.

2 4x6 cm photos taken in white background.

Previously issued work permit.

Health check certificate.

Question
What is the procedure for work permit application? What conditions that need to be satisfied in order to apply for work permit?

Conditions need to be satisfied:

• Must be healthy to work;
• Clean criminal record;
• Must be hired as manager, executive, expert or technical worker.
• Have obtained approval document to utilize foreign workers from the Department of Labour.

Application documents

Requested document to issue work permit file by company which wish to utilize foreign workers, as stated in Clause 1, Article 10, Decree 11/2016/NĐ-CP, using Form 7 as attached in Circular 40/2016/TT-BLĐTBXH.

Health check certificate

Criminal record

Documents which prove working experience ot expertise in manager, executive, expert and technical worker position.

2 4x6cm photos taken in white background.

Photocopy of passport or any other identification document recognized by international law.

Other related document (according to Clause 7 Article 10 of Decree 11/2016/NĐ-CP)

Question
What is the fee to renew work permit as stated by current regulation?

Depends on the province where foreign workers will apply for the work permit, the fee will be different (according to Circular 250/2016/TT-BTC)

Question
From 2020, which visa will foreign workers who are work permit exempted be granted?

Base on Point e Paragraph 3 Article 1 of the Viet Nam immigration and resident law for foreigners updated in 2019 and implement by 01/07/2020, has clearly stated the following:

Foreign workers who are work permit exempted will be issued visa category LĐ1, with exception of international treaties that stated otherwise which Viet Nam is a member.

Base on Point g Paragraph 3 of the Viet Nam immigration and resident law for foreigners updated in 2019, visa category LĐ2 will be issued to foreigner workers who are qualified for work permit.

Question
I have a foreigner friend who overstayed his temporary resident period as stated on the card due to business. Can he extend his TRC after he pays the fine?

According to Article 17 of Decree 167/2013NĐ-CP, it has clearly stated the admistration fine that violator of immigration regulation will have to pay:

2) Fine 500,000 VND to 2,000,000 VND for individuals who violate the following:

Foreigners who do not declared his/her residency as stated by law, or overstay his/her visa and TRC for less than 15 days without reporting to a government authority.

3) Fine 3,000,000 to 5,000,000 VND for individuals who violate the following:

Foreigners who do not declared his/her residency as stated by law, or overstay his/her visa and TRC for more than 16 days without reporting to a government authority.

8) Punishments:

Confiscate passport, travel documents, visa, temporary resident card, permanent resident card or verification seal for activities as stated in Point b Paragraph 2; Point d, đ Paragraph 3; Point b Paragraph 4; Point a, b Paragraph 6 of this article;

9) Foreigners who violated the law as stated in Paragragh 1,2,3,4,5 and 6 of this article, depends on the seriouess of the violation, he/she might be deported from Viet Nam.

At the same time, based on Article 30 of Immigration and resident Law for foreigners in Viet Nam 2014 stated that:

Article 30, Deportation

1. Foreigners will be deported in the following cases:

1. Overstaying his/her stated temporary residency period;

As a result, based on information that you have provided, foreigners who overstayed his residency period for more than 16 days will be fined from 3,000,000 to 5,000,000 VND. At the same time, his TRC will be confiscated and he will be deported from Viet Nam.

Thus, your friend will not be able to extend his/her TRC after paying the fine.

Question
According to new regulation, how will it affect the TRC, and who will be qualified to apply for TRC?

According to Paragraph 14, Article 1 of Immigration and Resident law for foreigners in Viet Nam updated in 2019 and implement on 01/07/2020, it has stated that:

The following cases will be issued a TRC:

1. Foreigners who are members of Diplomatic Organisation, Embassy/Consulate, representative organisation of the United Nations, intergovernmental organisation in Viet Nam and their spouses, children under 18 years old, assistants;
2. Foreigners who enter with visa in the following categories LV1, LV2, LS, ĐT1, ĐT2, ĐT3, NN1. NN2, DH, PV1, LĐ1, LĐ2, TT.

TRC will be categorized according to the following regulation:

• TRC for individuals as stated in (1) will be categorized as NG3;
• TRC for individuals as stated in (2) will be categorized similar to their visa.

Question
Can I use tourist visa to work in Viet Nam?

According to Paragraph 17 Article 8 of Immigration and Resident law for foreigners in Viet Nam 2014 regulates visa categories as follow:

7) ĐT – issued to foreign investors in Viet Nam and foreign lawyer working in Viet Nam

…

16) LĐ – issued to foreigners who work in Viet Nam.

17) DL – issued to foreigners who travel in Viet Nam.

Hence, if foreigeners enter Viet Nam by tourist visa, he/she cannot work in Viet Nam. If he/she wishes to work in Viet Nam, he/she will need a visa category ĐT or LĐ.

Question
From 1/7/2020, how long will the temporary resident card be valid?

TRC validity is stated in Paragraph 16, Article 1 of Immigration and Resident Law for foreigners updated in 2019, implement by 1/7/2020, states the following:

The validity of issued TRC will be 30 days less than the validity of the passport.

TRC category ĐT1 will be valid for not more than 10 years.

TRC category NG3, LV1, LV2, LS, ĐT2 and DH will be valid for not more than 5 years.

TRC category NN1, NN2, ĐT3, TT will be valid for not more than 3 years.

TRC category LĐ1, LĐ2, and PV1 will be valid for not more than 2 years.

Expired TRC will be considered for extension.

Question 1: Do Foreigners who travel within Viet Nam have to bring their passport at all time? Will they be punished by law if they don’t have their passport with them? If yes, what will the punishment be?

Answer: Foreigners who travel within Viet Nam must have their passport or travelling documents with them at all time. If not, they will be fined from 100,000VND to 300,000 VND based on Paragraph 1, Article 17, Decree 167/2013/NĐ-CP implemented on 12/11/2013, or they can be deported from Viet Nam.

Question 2: Foreigners who enter prohibited zone without a permit or trespassing, will they be punished by law? If yes, what will the punishment be?

Answer: Foreigners who enter prohibited zone without a permit or trespassing will be fined from 500,000 VND to 2,000,000 VND base on Point d, Paragraph 2 Article 17, Decree 167/2013/NĐ-CP implemented on 12/11/2013, or they can be deported from Viet Nam.

Question 3: When foreigners are asked to show their passport, visa, travelling documents by authorized personel, are they obliged by law to do so?

Answer: Foreigners are obliged by law to show their passports, visas, travelling documents when ask by authorized personel. If not, they will be fined from 500,000 VND to 2,000,000 VND base on Point đ, Paragraph 2 Article 17, Decree 167/2013/NĐ-CP implemented on 12/11/2013, or they can be deported from Viet Nam.

Question 4: For body and luggage scanning request from authorized personel, are foreigners obliged by law to do so?

Answer: Foreigners are obliged by law to follow with body and luggage scanning request from authorized personel. If not, they will be fined from 500,000 VND to 2,000,000 VND base on Point đ, Paragraph 2 Article 17, Decree 167/2013/NĐ-CP implemented on 12/11/2013, or they can be deported from Viet Nam.

Question 5: Do foreigners who stay overnight have to declare residency?

Answer: Foreigners who stay overnight have to declare residency as stated by law. If not, they will be fined from 500,000 VND to 2,000,000 VND base on Point g, Paragraph 2 Article 17, Decree 167/2013/NĐ-CP implemented on 12/11/2013, or they can be deported from Viet Nam.

Question 6: For foreigners who hold a permanent resident card when they change their address, do they have to inform the Immigration Department?

Answer: Foreigners who have a permanent resident card, when change their address, they will have to inform the Immigration Department. If not, they will be fined from 300,000 VND to 2,000,000 VND base on Point e, Paragraph 2 Article 17, Decree 167/2013/NĐ-CP implemented on 12/11/2013, or they can be deported from Viet Nam.

Question
Do Foreigners who travel within Viet Nam have to bring their passport at all time? Will they be punished by law if they don’t have their passport with them? If yes, what will the punishment be?

Foreigners who travel within Viet Nam must have their passport or travelling documents with them at all time. If not, they will be fined from 100,000VND to 300,000 VND based on Paragraph 1, Article 17, Decree 167/2013/NĐ-CP implemented on 12/11/2013, or they can be deported from Viet Nam.

Question
Foreigners who enter prohibited zone without a permit or trespassing, will they be punished by law? If yes, what will the punishment be?

Foreigners who enter prohibited zone without a permit or trespassing will be fined from 500,000 VND to 2,000,000 VND base on Point d, Paragraph 2 Article 17, Decree 167/2013/NĐ-CP implemented on 12/11/2013, or they can be deported from Viet Nam.

Question
When foreigners are asked to show their passport, visa, travelling documents by authorized personel, are they obliged by law to do so?

Foreigners are obliged by law to show their passports, visas, travelling documents when ask by authorized personel. If not, they will be fined from 500,000 VND to 2,000,000 VND base on Point đ, Paragraph 2 Article 17, Decree 167/2013/NĐ-CP implemented on 12/11/2013, or they can be deported from Viet Nam.

Question
For body and luggage scanning request from authorized personel, are foreigners obliged by law to do so?

Foreigners are obliged by law to follow with body and luggage scanning request from authorized personel. If not, they will be fined from 500,000 VND to 2,000,000 VND base on Point đ, Paragraph 2 Article 17, Decree 167/2013/NĐ-CP implemented on 12/11/2013, or they can be deported from Viet Nam.

Question
Do foreigners who stay overnight have to declare residency?

Foreigners who stay overnight have to declare residency as stated by law. If not, they will be fined from 500,000 VND to 2,000,000 VND base on Point g, Paragraph 2 Article 17, Decree 167/2013/NĐ-CP implemented on 12/11/2013, or they can be deported from Viet Nam.

Question
For foreigners who hold a permanent resident card when they change their address, do they have to inform the Immigration Department?

Foreigners who have a permanent resident card, when change their address, they will have to inform the Immigration Department. If not, they will be fined from 300,000 VND to 2,000,000 VND base on Point e, Paragraph 2 Article 17, Decree 167/2013/NĐ-CP implemented on 12/11/2013, or they can be deported from Viet Nam.