02 Apr EXPATS WORKING IN VIETNAM – WHAT YOU SHALL KEEP IN MIND
Expats in Vietnam may enjoy a lot of incentives regarding tax, visa and administrative procedures. However, the foreign employees shall be also complied with the local laws and regulations to avoid and prevent the risks in advance.
REQUIRED DOCUMENTS FOR EXPATS IN VIETNAM
1 – VISA
Visa means a document issued by a competent authority of Vietnam to a foreigner to grant entry in to 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 the members of ASEAN.
- Vietnamese residing overseas and foreigners who are spouses and children of Vietnamese residing holding foreign passport 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.
2 – WORK PERMIT (WP)
There are regulations on issuance of work permits for expats 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 technician.
- 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.
3 – 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.
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 temporary residence cards 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.
4 – PERMANENT RESIDENT 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 expats in Vietnam are flexible depend cases.
CONDITIONS FOR PERMANENT RESIDENCE CARD APPLICATION
- Foreigners who are legal residents.
- Foreigners who have stable incomes ensure their livings 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.
5 – MANAGEMENT OF PAYROLL AND EMPLOYMENT RELATIONS
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.
6 – OTHER SECRETARIAL SERVICES
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 transactions 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
- Exlusive counsel fothe Chief of representative office and Legal representatives of a business entity.
VIVA has been an in-depth consultant on business compliance procedures in Vietnam since 2006, based on our professional - integrated background in Business laws - Accounting and corporate finance - Tax management - Labor relation and payroll – Business administration procedures. VIVA offers exclusive services in an integrated tailor-made, consist of 5 specialized-expertise platforms and the inheritance experience up to hundreds of years for every job. Our extensive expertise and management system that facilitates us to connect local resources and be ready to deliver exclusive solutions that exceed all standard limits and satisfy all expectations of our clients.
VIVA has been an in-depth consultant on business compliance procedures in Vietnam since 2006, based on our professional - integrated background in Business laws - Accounting and corporate finance - Tax management - Labor relation and payroll – Business administration procedures. VIVA offers exclusive services in an integrated tailor-made, consist of 5 specialized-expertise platforms and the inheritance experience up to hundreds of years for every job.
Our extensive expertise and management system that facilitates us to connect local resources and be ready to deliver exclusive solutions that exceed all standard limits and satisfy all expectations of our clients.
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