HOW LONG DOES IT TAKE TO APPLY FOR A WORK VISA?
QUESTION
Dear TLK Law Firm, we hope that your company will answer the following question: I am a Chinese worker who wants to go to Vietnam to work. I am preparing to carry out the work visa procedure, but I don't know whether after completing the procedure, I will be granted a work visa or have to wait a while. So let me ask, how long does it take to get a work visa? Looking forward to your company's answer. Thank you!
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Thank you for your trust and sending questions to TLK Law Firm. Based on legal regulations and practical solutions, we would like to send you the following consulting content:
LEGAL BASIS
1. Labor Code No. 45/2019/QH14 passed by the National Assembly on November 20, 2019;
2. Law on Entry, Exit, Transit, and Residence of Foreigners in Vietnam No. 47/2014/Qh13 passed by the National Assembly on June 16, 2014;
3. Law amending and supplementing a number of articles of the Law on Entry, Exit, Transit, and Residence of Foreigners in Vietnam No. 51/2019/QH14 passed by the National Assembly on November 25, 2019;
4. Decree No. 152/2020/ND-CP issued by the Government on December 30, 2020 regulating foreign workers working in Vietnam and recruitment and management of Vietnamese workers working for foreign organizations and individuals in Vietnam;
5. Circular No. 04/2015/TT-BCA issued by the Ministry of Public Security on January 5, 2015 stipulating sample documents related to the entry, exit, and residence of foreigners in Vietnam;
6. Circular No. 31/2015/TT-BCA issued by the Ministry of Public Security on July 6, 2015 guiding a number of contents on visa issuance, temporary residence card issuance, entry and exit permits, and handling Permanent residence for foreigners in Vietnam;
7. Other legal documents providing relevant guidance.
CONSULTATION CONTENT
The purpose of a work visa is to create conditions for foreigners to work in Vietnam legally, ensure workers' rights and meet the labor needs of businesses in Vietnam. At the same time, issuing work visas helps the Vietnamese government control the number of foreigners working in this country, ensuring national security and avoiding illegal immigration. To be granted a work visa, foreigners are required to carry out work visa procedures at a competent Vietnamese agency. However, when carrying out this procedure, you are very confused and do not clearly understand Vietnam's regulations on work visas and how long it takes to get a work visa. Through the article below, we - TLK Law Firm will help you answer questions related to How long does it take to apply for a work visa?
Photo 1. How long does it take to get a work visa?_ Hotline: 0972118764
I. SOME IMPORTANT LEGAL ISSUES RELATED TO TIME TO APPLY FOR WORK VISA
1. Conditions to apply for a work visa for foreign workers in Vietnam
Work visa is a visa that the Vietnamese visa-issuing authority grants to foreign workers who wish to work in Vietnam.
Pursuant to the Law on Entry, Exit, Transit, and Residence of Foreigners in Vietnam 2014 (amended and supplemented 2019), foreign workers entering Vietnam to work and be granted a work visa must meet the following requirements:
(1) Have a passport or valid international travel document;
(2) There is an agency, organization or individual in Vietnam inviting or sponsoring, except for cases specified in the Law on Entry, Exit, Transit and Residence of Foreigners in Vietnam 2014 (amended, supplement 2019);
(3) Not falling into the cases of not allowing entry as prescribed in the Law on Entry, Exit, Transit, and Residence of Foreigners in Vietnam 2014 (amended and supplemented 2019);
(4) Foreigners working must have a work permit according to the provisions of the 2019 Labor Code.
=> See more: What is Visa? Cases of visa exemption? Visa validity period?
2. Time to apply for a work visa
Pursuant to the Law on Entry, Exit, Transit, and Residence of Foreigners in Vietnam 2014 (amended and supplemented 2019), workers working in Vietnam can apply for a work visa in many forms, depending on the type of visa the worker chooses, the processing time will vary. As follows:
- In case of issuance of an electronic work visa: 03 working days from the date of receiving complete information requesting an electronic visa and visa issuance fee;
- In case of issuance of a work visa at a Vietnamese visa-issuing authority abroad: 03 working days from the date of receipt of notification from the immigration authority or competent authority of Vietnam Foreign Office;
- In case of issuance of a work visa at the international border gate: right at the time of entry, after the immigration control unit checks and compares with the notice of the immigration management agency;
- In case of issuance of a work visa at the immigration management agency or competent agency of the Ministry of Foreign Affairs: 05 working days from the date of receipt of complete documents.
3. Cases exempt from issuance of work visas
Pursuant to the Law on Entry, Exit, Transit, and Residence of Foreigners in Vietnam 2014 (amended and supplemented in 2019), foreign workers working in Vietnam are required to carry out procedures to apply for a visa. Work visa to enter Vietnam. Except for some of the following work visa exemption cases:
(1) According to international treaties to which Vietnam is a member;
(2) Use permanent residence card and temporary residence card according to regulations;
(3) Entering border gate economic zones, special administrative-economic units;
(4) Entering the coastal economic zone decided by the Government when all conditions are met: having an international airport; have separate space; has a defined geographical boundary, separate from the mainland; consistent with socio-economic development policies and does not harm Vietnam's national defense, national security, social order and safety;
(5) Some cases are unilaterally exempted from visas according to the provisions of the Law on Entry, Exit, Transit, and Residence of Foreigners in Vietnam 2014 (amended and supplemented 2019);
(6) Vietnamese residing abroad who have passports or valid international travel documents issued by competent foreign agencies and foreigners who are their spouses and children; Foreigners who are spouses and children of Vietnamese citizens are exempt from visas according to Government regulations.
Our country's law stipulates visa exemption cases for foreign workers working in Vietnam to create favorable conditions for economic, cultural, educational, tourism and international cooperation activities. At the same time, this is also a basis to help strengthen cooperative relations between Vietnam and other countries.
=> See more: If a passport and work permit are about to expire, is it still possible to obtain a temporary residence card?
II. SUMMARY OF THE ANSWER SECTION: HOW LONG DOES IT TAKE TO APPLY FOR A WORK VISA?
Dear Customers, from the above synthesis and analysis, TLK Law Firm would like to give the following answer:
To be granted a work visa, procedures for applying for a work visa must be carried out at the agency competent to issue work visas in accordance with Vietnamese law. There are cases where foreign workers can be granted a work visa right at the time of carrying out the procedure. But, there are also cases where it takes 03 - 05 days from the time of carrying out the procedure for the foreign worker to be granted a work visa. As follows:
- In case of issuance of an electronic work visa: 03 working days from the date of receiving complete information requesting an electronic visa and visa issuance fee;
- In case of issuance of a work visa at a Vietnamese visa-issuing authority abroad: 03 working days from the date of receipt of notification from the immigration authority or competent authority of Vietnam Foreign Office;
- In case of issuance of a work visa at the international border gate: right at the time of entry, after the immigration control unit checks and compares with the notice of the immigration management agency;
- In case of issuance of a work visa at the immigration management agency or competent agency of the Ministry of Foreign Affairs: 05 working days from the date of receipt of complete documents.
=> See more: Conditions for granting temporary residence cards to foreigners
Photo 2. How long does it take to get a work visa?_ Hotline: 0972118764
III. HOW SHOULD YOU BEST CHOOSE AN ORGANIZATION THAT PROVIDES LEGAL SERVICES?
An organization providing quality and reputable legal services should have the following criteria:
First: Must be an official legal organization with a legal operating license;
Second: It is better if the Board of Directors must be lawyers, experienced and have high degrees;
Third: Have a team of lawyers and a systematic, professional, and thoroughly trained human resources system;
Fourth: Friendly, dedicated and make every effort for the benefit of customers. Consider customer satisfaction and work quality as your own honor;
Fifth: Professional, thoughtful, flexible and logical service provision process to optimize work performance and save customers' time;
Sixth: Reasonable and competitive service prices;
Seventh: Rich services in both fields of supply and service packages in the same field for customers to choose the appropriate service package, as well as comprehensive support for customers throughout the operation process. movement;
Eighth: Have the ability to Connect - Promote commercial relationships for customers if customers have needs,...
Finding a comprehensive, professional and reputable legal consulting organization is what every customer wants. Because no one wants to risk losing both money and time while the results are not as expected. However, finding such an organization is not easy because the number of service providers in the Vietnamese market today is very large with varying quality.
A suggestion for you: Although our TLK Law Firm does not dare to claim to be the best legal service provider on the market, we satisfy all of the above criteria and more will definitely be a good choice for you.
=> See more: Types of visas for foreigners in Vietnam. What are the regulations for visa sign?
IV. SOME QUESTIONS RELATED TO WORK VISA
Question 1: I am a foreigner coming to Vietnam to work and bring my 10-year-old daughter. Do I have to apply for a separate visa for my daughter?
Reply:
The answer is No.
Pursuant to the Law on Entry, Exit, Transit, and Residence of Foreigners in Vietnam 2014 (amended and supplemented 2019), in principle, work visas will be issued separately to each foreigner working in Vietnam.However, for children under 14 years old, Vietnamese law allows visas to be issued according to parents if the child shares a passport with their parents.
Question 2: I use a work visa to enter Vietnam. Now I no longer need to work in Vietnam and want to change the purpose of my visa to a study visa, can I change it? What if I don't transfer?
Reply:
(1) Changing visa purpose: Pursuant to the Law on Entry, Exit, Transit, and Residence of Foreigners in Vietnam 2014 (amended and supplemented in 2019), foreigners can change the purpose of their visa labor if falling into one of the following two cases:
- Enter the country with an electronic visa and have a work permit;
- Documents confirming that you are not subject to a work permit according to labor laws.
Thus, if you fall into one of the two cases above, you can change the visa purpose from work to study. After changing the purpose, you will be issued a new visa with a symbol and duration appropriate to the converted purpose.
(2) If you do not convert, you will be subject to administrative sanctions. Pursuant to Decree No. 144/2021/ND-CP, foreigners are granted work visas for the purpose of working in Vietnam but after entering Vietnam they do not work but perform other jobs. If the visa is issued for the purpose of the visa, you will be fined from 15,000,000 VND - 20,000,000 VND.
Question 3: I was granted a work visa and entered Vietnam. However, I had personal matters so I left the country and returned to my country. Currently, my visa is still valid, can I still use this work visa to continue entering Vietnam to work?
Reply:
Pursuant to the Law on Entry, Exit, Transit, and Residence of Foreigners in Vietnam 2014 (amended and supplemented in 2019), a work visa is a type of visa that is valid multiple times. Therefore, foreign workers working in Vietnam can absolutely use this visa to enter Vietnam multiple times if the visa is still valid.
=> See more: Quick visa application service
Above is some general advice that we would like to offer to our customers. As a service provider, we always understand and are ready to accompany and solve the needs and difficulties that customers are facing. If you still have questions or need more in-depth advice, please contact the hotline: 0972118764 to receive direct advice from a lawyer (completely free consultation).
Thank you very much!
Administrative Procedures Department - TLK Law Firm
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