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FOREIGNERS WORKING IN VIETNAM

WHAT YOU SHALL KEEP IN MIND

WHO ARE THE FOREIGN EMPLOYEES IN VIETNAM?

WHAT ARE THE REQUIRED PROCEDURES THAT YOU SHALL KEEP IN MIND?

HOW TO AVOID THE RISKS AND KEEP GOOD STANDING IN VIETNAM?

EXPATS IN VIETNAM

THE LOCAL REQUIRED COMPLIANCE PROCEDURES

Foreign expert in Viet Nam in titles of investors or chief of representative offices shall be complied with the local laws and regulations to avoid and prevent violations in advance, keep their good standing in optimal manners whenever they are working and doing business in Vietnam.

VIVA BUSINESS CONSULTING, the one-stop solution for the required compliance procedures in Vietnam for foreign investors and experts. Thanks to a unique combination of local expertise and global experiences, VIVA is the trusted brand name since 2006, where the entrepreneurs can rely on for any local business compliance procedures. We have been successfully providing service for thousands of leading companies from Hong Kong, Japan, US, EU, Singapore, India, China, Korea….

FOREIGNERS WORKING IN VIETNAM

WHO ARE THE FOREIGN EMPLOYEES IN VIETNAM?

Executing the labor contracts

Working as managers, chief executive officers, experts, technicians

Internal reassignments

Enforcing contracts or agreements

Working for foreign non-governmental or international organizations in Vietnam

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FOREIGNERS WORKING IN VIETNAM

WHAT ARE THE REQUIRED PROCEDURES THAT YOU SHALL KEEP IN MIND?

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.

Employees who are foreign nationals working in Vietnam, participated compulsory social insurance and if those employees wish to receive the one-off payment, he/she shall be entitled to the one-off benefit entitlement provided that:

He/she reaches the retirement pension entitlement requirements age, but has not yet reached the period of 20 years of SI contribution;
He/she is currently suffering from one of the deadly diseases regulated by the Ministry of Health;
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.

VIVA will advise and support the required documents, refundable amount and conditions for one-time insurance withdrawal procedures, prepare dossiers and applications by laws, representative to manage and follow up with the insurance agency until the insurance is refunded to the expat’s account.

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:

Symbol ĐT has time limits of visa from 12 months and does not exceed 10 years – Issued to foreign investors in Vietnam.
Symbol LĐ has time limits of visa not exceed 2 years – Issued to people who come to work.
Symbol DN has time limits of visa not exceed 12 months – Issued to people who come to work with companies in Vietnam.
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.
Symbol DL: Issued to tourists.

THE FOLLOWING SITUATIONS EXEMPT THE FOREIGNER FROM NEEDING A VISA:

Vietnam allows Citizens of up to 24 countries to get Vietnam visa exemption in the conditional time, most of the countries are members of ASEAN.
Vietnamese residing overseas and foreigners who are spouses and children of Vietnamese residing holding foreign passports with Vietnam visa exemption paper. Each entry is allowed to stay for 6 months. The visa exemption is valid for at most 5 years and 6-months prior to the valid duration of the passport.

Note: The expatriates need to pay attention to their living in Vietnam, they must be in line with entry purposes in the visa, avoid related risks that might happen. Depending on the purpose of entry and the applicant’s application, the validity of the visa might be different.

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:

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

WHAT ARE CONDITIONS FOR ISSUING THE WORK PERMIT IN VIETNAM?

The employees are manager, chief executive officer, expert, or technicians.
The employment of the foreign worker is approved in writing by a state competent authority.
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.

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.

Temporary residence card is granted for:

A foreigner who is a member of the board director of the stock corporation.
A foreigner who is a member of the two members limited liability company or more.
Relatives of the temporary residence cardholder include parents, spouse, and children.
A foreign lawyer who is licensed to practice following Vietnam law by the Vietnam Ministry of Justice.
A foreigner who is granted a working permit in all kinds of businesses or representative offices of foreign companies.
A foreigner who is the owner of the one member limited liability company;
Professionals, students, trainees who are in the national working or studying programs which are signed between the ministries was approved by the Government.

The validity of the temporary residence card:

Expired temporary residence cards will be considered for the issuance of a new card.
The duration of TRC is at least 01 month shorter than the duration of the passport.
Temporary residence cards with the code LĐ, PV1 have a term of no more than 02 years.
Temporary residence cards with the code NN1, NN2, TT have not more than 03 years.
Temporary residence cards with the code NG3, LV1, LV2, ĐT, and DH have a term of no more than 10 years.

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

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

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

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

SOME TYPICAL PROCEDURES:

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

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

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

Role and Responsibility of the chief:

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

The CRO shall not concurrently hold the following titles:

In case the chief is absent from Vietnam for a period of longer than 30 days without any authorization
Employee profile and exclusive rights and obligations of a chief of representative office related to labor relations – tax – compulsory insurances in Vietnam

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:

Performing the given rights and obligations in a truthful, careful manner to ensure the enterprise’s lawful interests
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
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

FOREIGNERS WORKING IN VIETNAM

EXPATS in Vietnam

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Struggling with Visa and Work Permit procedures in Vietnam?