EXPERTISE PROFILE

WHO ARE THE FOREIGN EMPLOYEES IN VIETNAM?

Executing the labor contracts

Enforcing contracts or agreements

Internal reassignments

Working as managers, chief executive officers, experts, technicians

Working for foreign non-governmental or international organizations in Vietnam

WHAT ARE THE REQUIRED COMPLIANCE PROCEDURES?

Foreigners who are working or investing in Vietnam shall be fully complied with the local laws and regulations to avoid and prevent any violations in advance, keep their good standing in the lawful and optimal manner.

Investment visa, Business visa,
Relative visa…
Work Permit
Temporary residence card
Permanent residence card
Local employment relations: Labor contracts, employee profile, payrolls.
Compulsory insurance contribution
One off refund
Personal income tax:
Declaration / Final settlement /
Tax completion certificate
Rights and obligations of the Chief of representative office and Legal representatives.

VISA

Visa means a document issued by a competent authority of Vietnam to a foreigner to grant entry into Vietnam. A visa may be once or multiple times and its purpose must not be changed. Visa shall be issued and attached to passport, issued separately of issued via electronic transaction or according to lists issued by immigration authorities.

In Vietnam, there are many types of entry visas with different symbols and time limits, meanwhile the 05 most popular visa symbols and time limits are:

  1. Symbol ĐT has time limits of visa from 12 months and does not exceed 10 years – Issued to foreign investors in Vietnam.
  2. Symbol LĐ has time limits of visa not exceed 2 years – Issued to people who come to work.
  3. Symbol DN has time limits of visa not exceed 12 months – Issued to people who come to work with companies in Vietnam.
  4. Symbol TT has time limits of visa not exceed 12 months – Issued to foreigners that are parent, spouse, children under 18 years of age of the foreigners issued the above visas.
  5. Symbol DL: Issued to tourists.

WORK PERMIT (WP)

There are regulations on issuance of work permits for foreigners in Vietnam and cases of expulsion of foreign workers who are working in Vietnam without the work permits.

WHO CAN APPLY?

Employees who are foreign citizens moving to Vietnam for employment for the purpose of:

  1. Offering services.
  2. Providing services under contracts.
  3. Taking charge of establishing the commercial presence.
  4. Executing the labor contracts or Internal reassignments.
  5. Enforcing contracts or agreements on business, commerce.
  6. Working as managers, chief executive officers, experts, technicians
  7. Participating in the execution of bid contracts and projects in Vietnam.
  8. Working for foreign non-governmental organizations or international organizations in Vietnam.

WHAT ARE CONDITIONS FOR ISSUING THE WORK PERMIT IN VIETNAM?

  1. The employees are manager, chief executive officer, expert, or technicians.
  2. The employment of the foreign worker is approved in writing by a state competent authority.
  3. The worker’s health is fit for working and the worker is not a criminal or liable to criminal prosecution in accordance with the Vietnam law and the foreign country’s law.

TEMPORARY RESIDENCE CARD (TRC)

A temporary residence card is a multiple visa valid from 2 to 5 years for expats who want to reside for a definite period of time in Vietnam. However, depending on each case the temporary residence card can be issued for a different period of time and also required different documents.

  1. A foreigner who is a member of the board director of the stock corporation.
  2. A foreigner who is a member of the two members limited liability company or more.
  3. Relatives of the temporary residence cardholder include parents, spouse, and children.
  4. A foreign lawyer who is licensed to practice following Vietnam law by the Vietnam Ministry of Justice.
  5. A foreigner who is granted a working permit in all kinds of businesses or representative offices of foreign companies.
  6. A foreigner who is the owner of the one member limited liability company;
  7. Professionals, students, trainees who are in the national working or studying programs which are signed between the ministries was approved by the Government.
  1. Expired temporary residence cards will be considered for the issuance of a new card.
  2. The duration of TRC is at least 01 month shorter than the duration of the passport.
  3. Temporary residence cards with the code LĐ, PV1 have a term of no more than 02 years.
  4. Temporary residence cards with the code NN1, NN2, TT have not more than 03 years.
  5. Temporary residence cards with the code NG3, LV1, LV2, ĐT, and DH have a term of no more than 10 years.

PERMANENT RESIDENCE CARD (PRC)

A permanent residence card (PRC) is a paper granted by immigration authorities to foreigners who are allowed to permanently reside in Vietnam and have validity longer than a Visa. Conditions and dossiers for the application of permanent residence cards for foreigners in Vietnam are flexible depending on cases.

CONDITIONS FOR PERMANENT RESIDENCE CARD APPLICATION

  1. Foreigners who are legal residents.
  2. Foreigners who have stable incomes ensure their living in Vietnam.
  3. Foreigners who are resided in Vietnam for 3 years or more.
  4. Foreigners who are sponsored by their parents, spouses or children who are Vietnamese citizens permanently residing in Vietnam.

MANAGEMENT OF PAYROLL AND EMPLOYMENT RELATIONS

We manage the labor relations  which are basically required by local laws and regulations:

  1. Relations between employees with company in signing and implementation of labor contracts,
  2. Relations between company with Insurances and Labor agencies in reporting and payments,
  3. Relations between company with Tax Department in reporting, payments and annual settlement.

SOME TYPICAL PROCEDURES:

  1. Employee profile
  2. Performance of labor contracts
  3. Modification, supplementation and termination of labor contracts
  4. Wages: Minimum wage, Formulation of wage scales, Forms of wage payment, Wage payment period, Allowances, subsidies, wage raise and other incentives, Bonuses…
  5. Payroll management and procedures
  6. Working time and rest time
  7. Labor discipline and material responsibilities
  8. Compulsory social insurance – Trade unions – Personal income tax
  9. Update and apply for new regulations from the authorities

COMPULSORY SOCIAL INSURANCE

About the contribution rates and methods from January 1, 2022, the employees who are foreign nationals working in Vietnam shall be required to participate in the compulsory SI program shall, on a monthly basis, make a SI contribution accounting for 8% of his/her monthly pay to the retirement and death benefit fund.

The employer, on a monthly basis, make a SI contribution in proportion to the employee’s payroll in the SI payment month as follows:

  • 0.5% of the abovementioned payroll paid into the occupational accident and disease benefit fund;
  • 3% of the abovementioned payroll paid into the sickness and parental insurance benefit fund;
  • 14% of the abovementioned payroll paid into the retirement and death insurance benefit fund, in effect from January 1, 2022.

CASES OF THE ONE-OFF SOCIAL INSURANCE REFUND FOR FOREIGN EMPLOYEESIN VIET NAM

Employees who are foreign nationals working in Vietnam shall be required to participate in the compulsory Social Insurance and if those employees wishes to receive the one-off payment, he/she shall be entitled to the one-off benefit entitlement provided that:

  1. He/she reaches the retirement pension entitlement requirements age, but has not yet reached the period of 20 years of SI contribution;
  2. He/she is currently suffering from one of the deadly diseases regulated by the Ministry of Health;
  3. He/she has fully satisfied retirement pension entitlement requirements but has discontinued residing in Vietnam; His/her employment contract is terminated, or his/her labor permit, practicing certificate or practicing license expires without being permitted for renewal.

OTHER SECRETARIAL SERVICES

Our secretarial services help you more convenience and efficiency in working and doing business in Vietnam:

  1. Open bank accounts for: Payment, saving, direct or in-direct investment.
  2. Private banking services: Manage required papers and procedures for every transaction as per local laws. Overseas remittance and loans.
  3. Direct Investment in Vietnam.
  4. In-direct Investment in Vietnam.
  5. Buy, rent and purchase housing
  6. Manage contracts and representative for the deals. Legalized and notarized translations of overseas papers
  7. Exclusive counsel for the Chief of representative office and Legal representatives of a business entity.

FOREIGN CHIEF OF REPRESENTATIVE OFFICE (CRO)

  1. In the absence from Vietnam
  2. Responsible within the power of attorney
  3. Authorized to sign, adjust or supplement contracts
  4. Responsible for activities out of the scope of authorization
  5. In case the chief is absent from Vietnam for a period of longer than 30 days without any authorization
  6. Employee profile and exclusive rights and obligations of a chief of representative office related to labor relations – tax – compulsory insurances in Vietnam
  1. In case the chief is absent from Vietnam for a period of longer than 30 days without any authorization
  2. Employee profile and exclusive rights and obligations of a chief of representative office related to labor relations – tax – compulsory insurances in Vietnam
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FOREIGN LEGAL REPRESENTATIVES

Legal representative of an enterprise is the individual that exercises the rights and fulfills the obligations on when making transactions on behalf of the enterprise, represents the enterprise as the plaintiff, defendant, and person with relevant interests and duties before the arbitral tribunal, the court, exercises other rights and fulfills other obligations as prescribed by law.

Responsibilities of the enterprise’s legal representative:

  1. Performing the given rights and obligations in a truthful, careful manner to ensure the enterprise’s lawful interests
  2. Acting in the best interest of the enterprise; do not use information, secrets, business opportunities of the enterprise; do not misuse the position, power, or property of the enterprise for self-seeking purposes or serving the interest of other entities
  3. Employee profile and exclusive rights and obligations of a chief of representative office related to labor relations – tax – compulsory insurances in Vietnam

FOREIGNERS WORKING IN VIETNAM

OUR ONE-STOP SOLUTION AND STANDARD OPERATION PROCESS

We adhere to the service process according to the following rules:

    Understand client’s requirements and expectations

    Design your own solution and browser

    Provide well-trained personnel and a management system to enforce – secure – deliver beyond expectation results

    Constantly and frequently updated – improving local laws and regulations and working practices to optimize benefits for client’s

     Maintain service quality – the trust and confidence of client’s as one of our priceless assets

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ABOUT VIVA BUSINESS CONSULTING

The local expert for local business procedures in Vietnam since 2006

VIVA is the famous expert in Vietnam market entry procedures, tax management, employment relations, corporate finance and local business procedures at local competent state agencies.

VIVA focuses on business compliance, since 2006, we keep supporting local and FDI enterprises in fully complying with local business laws and regulations, in effective and optimal ways, identifying and preventing most of the common risks in advance.

VIVA BUSINESS CONSULTING, the one-stop solution for foreign investors and experts in Vietnam about the required business compliance procedures, based on our unique combination of local expertise and global experiences. Our staying power is thanks to our deep insights, and consistent backgrounds and practice in local business laws and regulations.

VIVA is proudly a 100% Vietnamese consulting company and has been chosen by thousands of investors and FDI companies as their confident partner and successful business in Vietnam. We are still here, since 2006 because of our thousands of satisfied clients and our employees. Our staying power is a testament to the professional resources, and so much more.

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The foreign representative office in Vietnam is a dependent unit supporting business operations of the parent company, which is allowed to do basic business activities such as open a resident office, recruit employees, manage and promote local business contracts, market research., etc.

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A partner who has comprehensive expertise and experience in local business laws and regulations can help the investors short cut entry procedures, avoid and prevent most of legal risks, create business advantages and keep their good standing in Vietnam.

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