1. Share & Learn – “I’m an alien, I’m a legal alien”
Think Business, Practising Law
Share & Learn – “I’m an alien, I’m a legal alien”
30 September 2016
Consulate General of Hungary
By Steven Jacob
Foreign Associate, Indochine Counsel
Indochine Counsel | Business Law Practitioners

2. Immigration in Vietnam
A Market Story
Indochine Counsel | Business Law Practitioners

3. Who cares?
By 2014 Vietnam was home to nearly a hundred thousand immigrant workers
Foreign entities are only able to hire foreigners if they are directors, managers or experts whose role cannot be repeated by domestic experts
Foreign labor is also allowed to be brought in to run and operate foreign branch offices in Vietnam
Indochine Counsel | Business Law Practitioners

4. Immigration: the basics
Business/tourist single entry visa
Business/tourist multiple entry visa
Work permit
Temporary Residence Card
Those who aren’t required to get a work permit
Consequences of working without work permit
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5. Business/tourist visas
Visa can be multiple or single entry and its purpose can not be changed within the Vietnam territory
Same process for both multiple and single entry:
Visa on arrival
For this process you go through an online portal and they the permission letter to you for presentation at the visa counter upon arrival at a Vietnamese airport
Visa on application to the embassy or consulate
This involves sending the passport to the embassy or consulate or doing so in person
Visa through a third party provider
This involves travel agents and other third parties who offer services of this nature
Indochine Counsel | Business Law Practitioners

6. And the law says. . .
According to the current regulations, those in charge of projects and their spouses and families can obtain visas up to one year
Those in similar situations (the foreigner’ relatives), though lasting for less than six months will be treated similarly, can obtain visas up to six months
Finally, those who are just visiting without a project or job are limited to 3 months.
Indochine Counsel | Business Law Practitioners

7. Business/tourist visas
Business visas are for individuals who are entering Vietnam for business purposes. This can be extended but the process is lengthy and usually requires expert assistance. This is normally a pretense to obtaining a work permit.
Tourist visas are simply that, for tourists. They are available from one to three months, and are also renewable, but here, to, it is better to go through a travel agent or someone with experience in the process.
Indochine Counsel | Business Law Practitioners

8. Work Permits Conditions for obtaining work permit:
Work Permits are required for workers who will be in Vietnam for more than three months
Applicants must be at least 18 years old
In good enough health to satisfy job requirements
A manager, executive director or expert with technical skills and knowledge necessary for the job
Not currently subject to criminal prosecution or sentence in Vietnam or overseas
Indochine Counsel | Business Law Practitioners

9. Work Permits (Cont.) Requirements for obtaining work permit:
For managerial or executive positions: he/she is required to have experience in managerial or executive position
For expert positions: he/she is required to have a bachelor’s degree or higher and at least 3  years’ experience working in the specialty in which he/she was trained. The experience and training must be appropriate for the proposed position that the employee will fill in Vietnam
For technical workers: he/she is required to have a certificate that proves the he/she has received at least 1 year of training in the technical field and at least 3 years’ experience working in the specialty in which he/she was trained
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10. Those who aren’t required to get a work permit
Work permit exemption
The following foreigner are exempt from work permit:
Member of a multi-member limited liability company
Owner of a one-member limited liability company
Member of the board of management of a joint venture company
Head of a representative office or of a project of an international organization or non-governmental organization in Vietnam
Entering Vietnam for a period under 3 months in order to offer services
Entering Vietnam for a period under 3 months in order to resolve an emergency
Indochine Counsel | Business Law Practitioners

11. Those who aren’t required to get a work permit (Cont.)
A foreign lawyer who has been granted a practising certificate in Vietnam by the Ministry of Justice
Entering Vietnam to work as experts, managers, executive directors or technicians for a period under 30 days and cumulative time of working in Vietnam not exceeds 90 days per year
A foreigner who is internally transferred within the scope of the list of commitments on services of Vietnam under the WTO. The 11 services are: business services; information services; construction services; distribution services; education services; environment services; financial services; medical health services; tourism services; culture and entertainment services; and transportation services
Indochine Counsel | Business Law Practitioners

12. Those who don’t need a work permit
A foreigner who is coming to Vietnam to provide expert and technical consultancy services or to undertake other tasks servicing the work of research, formulation, evaluation, monitoring and assessment, management and implementation of a program or project using ODA in accordance with provisions or agreements in an international treaty on ODA signed by the competent authorities of both Vietnam and foreign country
A foreigner who is issued an operational license in information and press in Vietnam by the Ministry of Foreign Affairs
A foreigner who is coming to Vietnam to implement an international agreement signed in accordance with law by a central State agency, a provincial agency or a central socio-political organization
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13. Consequences of working without work permit
Foreign workers working in Vietnam without work permits or using expired work permits (except the cases where they are exempted) will be expelled from the country
A fine of between VND 30Mil and VND75Mil (subject to number of expatriates) shall be applied to the employers when using foreign workers without work permits or using expired work permits (except the cases where they are exempted). In addition, the companies may be suspended of operation for a period of from 1 to 3 months
Indochine Counsel | Business Law Practitioners

14. Temporary Residence Card
May be granted to workers who are in Vietnam for more than one year on a valid business visa
Senior Management is also eligible
The Temporary Residence card allows holders to enter and exit Vietnam without a visa, within the confines of the temporary residence card
Temporary Residence cards can range from one to five years in length
Indochine Counsel | Business Law Practitioners

15. The Bitter Truth
Vietnam has a history of corruption in immigration, however, they have greatly improved this reputation as they began their assent to the WTO and then to ASEAN
To be fair, they have leveled the costs for entry across the board, allowing anyone currently non-belligerent with Vietnam, to visit the country for the same fee depending on what type of visa is requested
And if you haven’t been here long, try the coffee, its anything but bitter
Indochine Counsel | Business Law Practitioners

16. Q&A
Thank you for your attention !

17. Contact Us For any additional inquiries, please contact us at:
Ho Chi Minh City Office
Dang The Duc | Managing Partner
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Steven Jacob | Foreign Associate
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Hanoi Office
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