Visa application for foreigners working at representative offices in Vietnam
How do Vietnam’s laws provide for visa application for foreigners working at representative offices in Vietnam?
A representative office means a unit attached to and authorized by an enterprise to perform the functions of representation and trade promotion on behalf of the enterprise.
There are two types of representative offices in Vietnam, namely representative offices of foreign traders (companies with head offices based overseas and representative offices based in Vietnam), and representative offices of domestic traders (companies which, regardless of their domestic or foreign capital sources, are established under Vietnam’s laws and have their head offices and representative offices based in the country).
The procedures for visa application for foreigners working at representative offices are as follows:
For foreigners working at representative offices of foreign companies:
* Requirements on representative office and foreigner:
- The representative office is operating in Vietnam under a valid license.
- The foreigner is not subject to entry ban under regulations and his passport remains valid for at least six months.
* A dossier of visa application must comprise:
- A certified copy of the operation license of the representative office;
- The registration of seal and specimen signature of the head of the representative office (made according to Form NA16 provided together with the Minister of Public Security’s Circular 04/2015/TT-BCA of January 5, 2015);
- The form of request for a foreigner’s entry into Vietnam (Form NA2 provided together with Circular 04/2015/TT-BCA), for foreigners currently residing overseas;
- The form of application for visa issuance or stay extension (Form NA5 provided together with Circular 04/2015/TT-BCA), for foreigners currently residing in Vietnam;
- A work permit or a certificate of exemption from work permit (if any). In the absence of such permit or certificate, the foreigner may only apply for a visa of a validity period of up to three months;
- A letter of introduction from the representative office that assigns its staff member to carry out procedures for visa application.
* Dossier and receipt of dossier processing results:
- A visa application dossier must be made in one set and submitted to the Immigration Department.
- If the dossier is valid, dossier processing results will be notified at the Immigration Department after five working days from the date of dossier receipt.
For foreigners working at representative offices of domestic companies:
* Requirements on representative office and foreigner:
- The representative office is operating.
- The foreigner is not subject to entry ban under regulations and his passport remains valid for at least six months.
* A dossier of visa application must comprise:
- A copy of the business license of the Vietnam-based company;
- The company’s power of attorney for the representative office to apply for a visa for the foreigner;
- A certified copy of the operation license of the representative office;
- The form of registration of seal and specimen signatures of the at-law representative of the company and of the head of the representative office (Form NA16 provided together with Circular 04/2015/TT-BCA);
- The form of request for a foreigner’s entry into Vietnam (Form NA2 provided together with Circular 04/2015/TT-BCA), for foreigners currently residing overseas;
- The form of application for visa issuance or stay extension (Form NA5 provided together with Circular 04/2015/TT-BCA), for foreigners currently residing in Vietnam;
- A work permit or a certificate of exemption from work permit (if any). In the absence of such permit or certificate, the foreigner may only apply for a visa of a validity period of up to three months;
- A letter of introduction from the representative office that assigns its staff member to carry out procedures for visa application.
* Dossier and receipt of dossier processing results:
- A visa application must be made in one set and submitted to the Immigration Department.
- If the dossier is valid, dossier processing results will be notified at the Immigration Department after five working days from the date of dossier receipt.
May a foreigner currently residing in Vietnam and holding a Vietnam visa change the visa use purpose to suit his new job?
According to Law 51/2019/QH14 Amending and Supplementing a Number of Articles of the Law on Foreigners’ Entry in, Exit from, Transit through and Residence in Vietnam, visa use purposes may be changed in cases their holders:
(i) Have papers proving their status as investors or representatives of foreign organizations investing in Vietnam in accordance with Vietnam’s laws.
For example, the holder of a tourist (DL) visa), visit-relative (TT) visa, work (LD, LD1 or LD2) visa or business (DN, DN1 or DN2) visa, if able to prove that he is an investor or at-law representative of a company as stated in its business registration certificate, may have the visa use purpose changed in conformity with his current working position and role.
(ii) Have papers proving they are parents, spouses or children of inviting or guaranteeing persons.
The inviting or guaranteeing person means a Vietnamese citizen or foreigner holding Vietnam visa in accordance with law, who may have the use purpose of his relative’s visa changed.
(iii) Are invited or guaranteed for working by agencies or organizations and have work permits or certificates of exemption from work permit in accordance with the labor law.
In this case, a foreigner holding DN or DN1 visa who is invited or guaranteed for working by a company but has no work permit or certificate of exemption from work permit may have his visa changed into LD1 or LD2 visa or temporary residence card.
(iv) Have entered Vietnam with e-visas and have work permits or certificates of exemption from work permit in accordance with the labor law.
Citizens of 80 countries and territories who enter Vietnam with e-visas (EV) of a validity period of 30 days, once obtaining work permits or certificates of exemption from work permit, may have their e-visas changed into LD1 or LD2 visas or temporary residence cards in accordance with law.
In case a foreigner’s entry purpose is changed, a new visa may be issued to him of the type and validity period suitable to the changed purpose.- (VLLF)
