VISA EXTENSION FOR FOREIGNERS WORKING IN VIETNAM?
QUESTION
Dear TLK Law Firm, we hope that your company will answer the following question: I am a Korean working in Vietnam. Currently, my work visa is about to expire but I still need to work here. So: How does Vietnamese law regulate the issue of visa extension for foreigners working in Vietnam? Looking forward to your company's answer. Thank you!
RELATED ARTICLES
1. What is Visa? Cases of visa exemption? Visa validity period?
2. If a passport is about to expire, is it still possible to obtain a visa?
3. Types of visas for foreigners in Vietnam. What are the regulations for visa sign?
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 stipulates 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
Currently, trade activities between Vietnam and countries around the world are taking place increasingly strongly. Along with that, more and more foreigners are coming to Vietnam to work long-term. However, visas issued to foreigners working in Vietnam are only valid for a certain period of time, so when foreigners working in Vietnam want to stay and work for a longer period of time than the visa is granted, they must carry out visa extension procedures at the competent authority. However, when performing this procedure, you are very confused and do not clearly understand Vietnam's regulations on visa extension for foreigners working in Vietnam. Through the article below, we - TLK Law Firm will help you answer questions related to Visa extension for foreigners working in Vietnam?
Photo 1. Visa extension for foreigners working in Vietnam_ Hotline: 0972118764
I. SOME IMPORTANT LEGAL ISSUES RELATED TO VISA EXTENSION FOR FOREIGNERS WORKING IN VIETNAM
1. What is a visa extension for foreigners working in Vietnam?
Visa extension for foreigners working in Vietnam means that foreigners who already have a Vietnamese visa and are currently residing in Vietnam and want to continue to stay in Vietnam to work must carry out procedures to apply for visa extension when the visa is about to expire. According to the Law on Entry, Exit, Transit, and Residence of Foreigners in Vietnam 2014 (amended and supplemented in 2019), the temporary residence period of foreigners in Vietnam is equal to the visa period they were granted, so Visa extension for foreigners working in Vietnam is understood as foreigners carrying out temporary residence extension procedures at the competent authority to continue working in Vietnam when the visa is about to expire.
=> See more: How long does it take to get a work visa?
2. Conditions for visa extension for foreigners working in Vietnam
Pursuant to the Law on Entry, Exit, Transit, and Residence of Foreigners in Vietnam 2014 (amended and supplemented 2019), foreigners working in Vietnam to have their visa extended must meet the following conditions: :
- There is a guarantee from a business, organization or Vietnamese person;
- Passport valid for at least 1 month longer than the term you want to extend your temporary residence;
- Not on the list of mandatory exits: When there is a decision by a competent authority to force a foreigner to leave Vietnamese territory through a Vietnamese border gate, the temporary extension will not be extended to continue staying in Vietnam;
- Have declared temporary residence according to regulations: Foreigners temporarily residing in Vietnam are required to declare temporary residence at the competent authority in the locality where they temporarily reside.
3. Symbols and classification of visas issued to foreigners working in Vietnam
Pursuant to the Law on Entry, Exit, Transit, and Residence of Foreigners in Vietnam 2014 (amended and supplemented 2019), visas issued to foreigners working in Vietnam are work visas. Work visa includes 2 types as follows:
(1) LĐ1: Issued to foreigners working in Vietnam with confirmation that they are not subject to a work permit, unless an international treaty to which Vietnam is a member has other provisions.
(2) LĐ2: Issued to foreigners working in Vietnam who are required to have a work permit.
II. PROCESS FOR IMPLEMENTING VISA EXTENSION PROCEDURES FOR FOREIGNERS WORKING IN VIETNAM
1. Steps to carry out visa extension procedures for foreigners working in Vietnam
Step 1: Foreigners working in Vietnam who need to extend their visas should request agencies, organizations, and individuals to invite or sponsor to carry out procedures at the Immigration Department;
Step 2: The inviting or sponsoring agency, organization or individual sends the application for visa extension for foreigners working in Vietnam directly to the Immigration Department;
Step 3: The competent authority receives and evaluates the dossier;
Step 4: The Immigration Department decides to extend temporary residence/visa extension for foreigners working in Vietnam;
Step 5: Foreigners working in Vietnam receive the results.
=> See more: Quick visa application service
2. Procedures for applying for work visas for foreigners working in Vietnam
A. Profile components
Documents requesting visa extension include:
1. Document or diplomatic note notifying/requesting extension of temporary residence, clearly stating: full name, date of birth, nationality, gender, passport number and symbol, date of issuance - expiration of passport, occupation, position, purpose of entry, request period for extension of temporary residence and need for a new visa (if any) of foreigners.
2. Original passport and current visa;
3. Declaration of temporary residence extension according to the prescribed form, with confirmation and stamp of the agency or organization inviting or sponsoring the foreigner;
4. Other documents as required by the competent authority (if any).
B. Resolution agency
Administration of Immigration.
C. Procedures
Submit your application directly to the Immigration Department.
D. Implementation results
Temporary residence extension stamp and new visa.
E. Implementation time
05 working days from the date the competent authority receives complete documents.
=> See more: What is a visiting visa? Who are eligible to be issued and sponsored for a Vietnam visit visa?
III. SUMMARY OF THE ANSWER SECTION: VISA EXTENSION FOR FOREIGNERS WORKING IN VIETNAM
Dear Customers, from the above synthesis and analysis, TLK Law Firm would like to give the following answer:
Currently, the Law on Entry, Exit, Transit, and Residence of Foreigners in Vietnam 2014 (amended and supplemented in 2019) does not have regulations on visa extension for foreigners working in Vietnam. In Vietnam, when a visa expires, foreigners must carry out temporary residence extension procedures at a competent agency in Vietnam to be extended their temporary residence and issued a new visa.
To extend visa/temporary residence, foreigners working in Vietnam must meet the following conditions:
- There is a guarantee from a business, organization or Vietnamese person;
- Passport valid for at least 1 month longer than the term you want to extend your temporary residence;
- Not on the list of mandatory exits: When there is a decision by a competent authority to force a foreigner to leave Vietnamese territory through a Vietnamese border gate, of course the temporary extension will not be granted. residence to continue staying in Vietnam;
- Have declared temporary residence according to regulations: Foreigners temporarily residing in Vietnam are required to declare temporary residence at the competent authority in the locality where they temporarily reside.
Photo 2. Visa extension for foreigners working in Vietnam_ 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: What is an investment visa? Components of an investment visa application document?
V. SOME QUESTIONS RELATED TO VISA EXTENSION FOR FOREIGNERS WORKING IN VIETNAM
Question 1: Can foreigners working in Vietnam carry out visa extension procedures themselves?
Reply:
The answer is No.
Pursuant to the Law on Entry, Exit, Transit, and Residence of Foreigners in Vietnam 2014 (amended and supplemented 2019), foreigners working in Vietnam cannot carry out visa extension procedures on their own/ extension of temporary residence that requires an agency, organization or individual to invite or guarantee to carry out procedures at a competent agency by sending a request to this agency, organization or individual.
Question 2: How long is the temporary residence/visa extension period?
Reply:
Pursuant to Circular No. 04/2016/TT-BNG, the temporary residence period is extended and the new visa period is granted (if any) in accordance with the purpose of entry and request of the agency or organization, guaranteed and valid for no more than 12 months, at least 30 days shorter than the foreigner's passport validity.
=> See more: What is a work visa? What are the conditions for applying for a work visa for foreign workers?
Question 3: Will foreigners working in Vietnam without a visa/temporary residence period be punished?
Reply:
The answer is Yes.
Pursuant to Decree No. 144/2021/ND-CP, depending on the visa overdue period, foreigners working in Vietnam will be subject to administrative penalties at the following levels:
(1) Overdue by less than 16 days: Fine from 500,000 VND to 2,000,000 VND;
(2) Overdue from 16 to less than 30 days: Fine from 3,000,000 VND to 5,000,000 VND;
(3) Overdue from 30 days to less than 60 days: Fine from 5,000,000 VND to 10,000,000 VND;
(4) Overdue from 60 days to less than 90 days: Fine from 10,000,000 VND to 15,000,000 VND
(5) Overdue by 90 days or more: Fine from 15,000,000 VND to 20,000,000 VND.
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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