1. What are the legal regulations on work visas?

Current law does not define what a work visa is. However, through some regulations, a work visa can be understood as follows:

Pursuant to Clause 11, Article 3 of the Law on Entry, Exit, Transit, and Residence of Foreigners in Vietnam 2014, it is stipulated: A visa is a type of document issued and authorized by a competent Vietnamese agency. Foreigners entering Vietnam.

 Visa is understood as a visa document, according to Vietnamese regulations, this is a document issued by a competent Vietnamese agency, allowing foreigners to enter Vietnam.

Besides, also according to Article 8 of the Law on Entry, Exit, Transit, and Residence of Foreigners in Vietnam 2014, amended and supplemented by Clause 3, Article 1Law on entry, exit, transit, and residence of foreigners in Vietnam amended in 2019 Regulations on visa symbols are as follows:

- NN2 - Issued to heads of representative offices, branches of foreign traders, representative offices of economic, cultural, and other foreign professional organizations in Vietnam.

- NN3 - Issued to people working with foreign non-governmental organizations, representative offices, branches of foreign traders, representative offices of economic, cultural and other professional organizations of the country abroad in Vietnam.

- DH - Issued to people who practice and study.

- HN - Issued to people attending conferences and seminars.

- PV1 - Issued to reporters and press residing in Vietnam.

- PV2 - Issued to reporters and press for short-term activities in Vietnam.

- 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.

- LĐ2 - Issued to foreigners working in Vietnam who are required to have a work permit.

From the above regulations, it can be understood that a work visa is a visa document issued to foreigners working in Vietnam with or without a work permit.

2. What are the conditions to apply for a work visa for foreigners in 2023?

According to Article 10 of the Law on Entry, Exit, Transit, and Residence of Foreigners in Vietnam 2014, amended and supplemented by Points a and b, Clause 5, Article 1 of the Law on Entry, Exit, Transit, and Residence Residence of foreigners in Vietnam, revised 2019 regulations on conditions for applying for work visas for foreign workers working in Vietnam are as follows:

- Have a passport or valid international travel documents.

- There is an agency, organization or individual in Vietnam that invites or guarantees, except for the cases specified in Article 16a, Article 16b and Clause 3, Article 17 of this Law.

- Do not fall into the cases of not allowing entry specified in Article 21 of this Law.

- In the following cases, visa applications must have documents proving the purpose of entry:

+ Foreigners investing must have documents proving their investment in Vietnam according to the provisions of the Investment Law;

+ Foreigners practicing law in Vietnam must have a practice license according to the provisions of the Law on Lawyers;

+ Foreigners working must have a work permit according to the provisions of the Labor Code;

+ Foreigners studying must have a written acceptance from a Vietnamese school or educational institution.

- Electronic visas are issued to foreigners who have passports and are not subject to provisions in Clauses 1, 2, 3 and 4, Article 8 of this Law.

Thus, to be granted a work visa for foreign workers, they will need to meet the above conditions.

3. Procedures for issuing work visas for foreigners to work in Vietnam in 2023

3.1. What does an application for a work visa include?

According to Clause 2, Article 16Law on Entry, Exit, Transit, and Residence of Foreigners in Vietnam 2014 There are detailed regulations on documents to send to the Immigration Department, including:

- Written notice of guarantee for visa issuance to Vietnam;

- Certified copy of business registration certificate;

- Document introducing the seal and signature of an authorized person of the organization

In addition, according to Article 12, Article 17 of the Law on Entry, Exit, Transit, and Residence of Foreigners in Vietnam 2014, supplemented by Clause 7, Article 1 of the Law on Entry, Exit, Transit, and Residence of foreigners in Vietnam, amended in 2019 and Circular 04/2015/TT-BCA stipulates that visa application documents for foreign workers must be submitted to the Immigration Department, including the following documents: :

- Vietnamese visa application form;

- A certified copy of the work permit or confirmation that a work permit is not required;

- Documents proving if you belong to one of the following visa-exempt subjects:

+ According to international treaties to which Vietnam is a member.

+ Use permanent residence card and temporary residence card according to Vietnamese law.

+ Entering border gate economic zones, special administrative-economic units.

+ There is a unilateral visa exemption decision from Vietnam.

+ Vietnamese people 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.

+ 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.

3.2. Procedures for issuing work visas for foreign workers to work in Vietnam

Article 16 of the Law on Entry, Exit, Transit, and Residence of Foreigners in Vietnam 2014 is supplemented by Clause 8, Article 1 of the Law on Entry, Exit, Transit, and Residence of Foreigners in Vietnam, amended changed 2019 and in Article 3Circular 31/2015/TT-BCA There are regulations on procedures for applying for a work visa as follows:

Step 1: Before carrying out procedures for inviting or sponsoring foreigners to enter Vietnam, the agency, organization or individual inviting the sponsor must send a written notice with the dossier to the Immigration Department.

Notification is only done once, when there is a change in content in the dossier, additional notification must be made.

Step 2: Agencies, organizations, and individuals inviting or sponsoring foreigners directly submit visa applications to the Immigration Department.

- Agencies and organizations inviting or sponsoring foreigners can choose to send visa applications to foreigners and receive responses via electronic transactions at the Immigration Portal if meet the conditions prescribed by law.

Step 3: Within 05 working days from the date of receipt of the visa application, the Immigration Department shall consider, resolve, and respond to the inviting, sponsoring, and notified agencies, organizations, and individuals. for Vietnamese visa-issuing authorities abroad.

Step 4: After receiving the written response from the Immigration Department, agencies, organizations and individuals inviting or sponsoring foreigners to enter Vietnam shall notify the foreigners to carry out procedures to receive visas at the agency. Authorities competent to issue Vietnamese visas abroad.