Management of foreign workers in Viet Nam

Decree 152/2020/ND-CP on foreign workers in Viet Nam and recruitment and management of Vietnamese workers working for foreign organizations and individuals in Viet Nam, dated December 30, 2020 came into effect from February 15, 2021.

Specifically, a foreign employee who is the owner or capital contributor of a limited liability company with a capital contribution value of VND 3 billion or more; foreigner who enters Viet Nam to work as specialist, manager, executive or technical employee for fewer than 30 days per entry and not exceeding three times in a year are exempted from work permit.

Foreigners are exempted from work permit including volunteers; relatives of members of foreign representative missions in Viet Nam, foreign employees entering Viet Nam certified by the Ministry of Education and Training to teach and research. 

The validity period of a granted work permit must not exceed two years. In case of re-grant, the validity period of a work permit re-granted must equal the validity period of the granted work permit minus the foreign employee’s working period counted by the time of request for re-grant of the work permit. The permit is extended once for a maximum period of two years.

Temporary residence declaration

Circular 55/2021/TT-BCA, dated May 15, 2021, came to effect from July 1, 2021, stipulated that foreigners granted Vietnamese citizenship must have a decision granting Vietnamese citizenship of the President of Viet Nam when they apply for permanent residence registration for the first time.

Foreigners who are granted temporary residence cards can buy apartments. They  can stay in Viet Nam for a period of time while their temporary residence card is still valid without having to leave the country. Foreigners save money due to not have to apply for visa extension many times and save the travel costs. In addition, they can carry out business procedures, get married, very conveniently.  

Debt rescheduling for clients affected by Covid-19

Circular No. 14/2021/TT-NHNN dated September 7, 2021 of the State Bank of Viet Nam amending and supplementing a number of articles of the State Bank Governor’s Circular No. 01/2020/TT-NHNN of March 13, 2020, on credit institutions and foreign bank branches carrying out debt rescheduling, giving exemption from or reduction of loan interests and charges, and maintaining classified loan groups in order to help their clients affected by the COVID-19 pandemic.

Accordingly, credit institutions and foreign bank branches reschedule debit of balance of loan principal and/or interest of the debt that fully meet the following conditions: Arising before August 1, 2021, from lending and financial leasing activities; giving rise to obligations to repay loan principals and/or interests from January 23, 2020 to June 30, 2022.

This Circular takes effect on September 07, 2021.

Fees and charges in immigration transit and residence in Viet Nam

Circular No. 25/2021/TT-BTC dated April 7, 2021 of the Ministry of Finance prescribing the rates of charges and fees related to exit from, entry into, transit through and residence in Viet Nam and took effect on May 22, 2021. 

Circular 25 stipulates a number of subjects entitled to charge and fee exemption including: Guests of the Party, State, Government; Officers and staff members of foreign diplomatic missions and consulates and Viet Nam-based representative offices of international organizations and their family members; Foreigners who enter Viet Nam to provide relief or humanitarian aid.

Fee for grant of passports (including chip-based e-passports and non-chip passports) is VND 200,000/time for first-time grant, VND 400,000/time in case of re-grant of damaged or lost passports, and VND 100,000/time in case of grant of written certifications of personnel details. Fee for grant of exit permits is VND 200,000/time, fee for issuance of diplomatic notes on visa application is VND 10,000/time; fee for first grant of APEC Business Travel Cards (ABTC) is VND 1.2 million/time, in case of re-grant, such fee is VND 1 million/time; fee for grant of AB stamps is VND 50,000/time.

Rules on testing of Vietnamese language proficiency for foreigners

Circular 27/2021/TT-BGDT of the Ministry of Education and Training on organization of Vietnamese language proficiency tests for foreigners came into effect from November 22, 2021.

Under the Circular, Vietnamese language proficiency certificates are granted to foreigners who have passed a test within the six-level Vietnamese language competency framework.

The certificate form is provided by the Ministry of Education and Training. 

 Stopping automatic visa extension for stranded foreigners

The automatic extension of visas for foreign nationals stranded in Viet Nam due to Covid-19 ended from January 15, 2022 as Viet Nam has begun to gradually resume regular commercial flights.

Foreigners who entered Viet Nam with a visa exemption certificate, e-visa, or tourist visa have been getting their stay extended automatically since March 1, 2020, as they were unable to leave the country after it shut its borders.

In recent days foreign embassies in Viet Nam have also been urging their citizens to review their visa status and leave VietNam if necessary to avoid overstaying.

New policies to ease entry procedures for foreigners, overseas Vietnamese and their family members

In accordance with directions stated by Permanent Prime Minister Pham Binh Minh in the Government Office’s Document no. 450/VPCP-QHQT dated January 18, 2022, the Immigration Department announced new policies to ease entry procedures for foreigners, overseas Vietnamese and their family members as follows:

- Foreigners and overseas Vietnamese, who hold valid permanent or temporary residence cards, visas and visa exemption certificates, can enter Viet Nam in accordance with the Law on foreigners’ entry into, exit from, transit through and residence in Viet Nam without having to obtain prior approval from relevant Ministries, sectors, and local authorities or undergoing pre-clearance procedures at the Immigration Department.

- Foreigners who wish to enter Viet Nam for market research, business, investment, work, conferences, study, family visits but do not have one of the above-mentioned documents must obtain approval from the provincial People’s Committees or Ministries, sectors, and central authorities before undergoing sponsoring, inviting procedures for visas at the Immigration Department.

- All entrants must adhere to applicable Covid-19 prevention regulations by the Ministry of Health.

- Those wishing to enter Viet Nam for tourism purposes can do so by joining tour groups under the Ministry of Culture, Sports, Tourism’s pilot inbound tourism program./,