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Visa is a certificate issued by a competent Vietnamese state agency, allowing foreigners to enter Vietnam for immigration for a certain period of time depending on specific case. To be granted a visa, a foreigner must meet the conditions specified in the Law on Entry, Exit, Transit and Residence of Foreigners in Vietnam 2014, such as: having a passport or valid international travel document, being invited or sponsored by agencies, organizations and individuals in Vietnam unless otherwise provided for by law and not in the cases where entry is not allowed. In some special cases, to be granted a visa, foreigners will have to present documents proving the purpose of entry. When the visa is about to expire, foreigners can apply for a new visa for immigration into Vietnam.

 


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In order to be issued a new visa, the foreigners need to prepare the following documents: application form for visa issuance; papers on the foreigners need to fully guarantee (if any); valid passport, other necessary proofs related to the purpose of entry and residence. After fully preparing the above documents, the foreigner shall submit the application at working offices of the Immigration Department – the Ministry of Public Security. The immigration officer receiving the dossier will check the dossier. If it is complete and valid, then he or she will receive the application and hand over the receipt, schedule a date to return the results. If the dossier is not valid, the dossier-receiving officer shall guide the submitter to supplement the dossier for completeness.

The result would be available within 05 days from the date of receipt of complete dossiers.  The person who comes to receive the result shall present the receipt, identity card or passport to the officer to check and compare, pay the fee and sign for receipt.

However, during the period of complicated developments of the Covid-19 epidemic, the Prime Minister and leaders of the Ministry of Public Security issued instructions on the implementation of “automatic extension of temporary residence” for foreigners affected by the Covid-19 epidemic. Accordingly, foreigners entering under the visa exemption category, entering with an electronic visa or a tourist visa from March 1, 2020 until now, will continue to have their temporary residence extended until the end of August 31, 2021 and can leave the country within the above time limit without having to carry out procedures for extension of temporary residence.

In case a foreigner who entered the country before March 1, 2020 if he/she can prove that he is trapped due to Covid-19, being certified by the diplomatic mission or has a written confirmation from the competent authority of Vietnam about the isolation and treatment of Covid-19 or other force majeure reasons, is also considered to apply “automatic extension of temporary residence” until the end of August 31, 2021.

ANT Lawyers – A Law Firm in Vietnam with international standard, local expertise and strong international network. We focus on customers’ needs and provide clients with a high quality legal advice and services. For advice or services request, please contact us via email ant@antlawyers.vn, or call us +84 24 730 86 529.

 


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Since the beginning of 2020, due to the impact of the Covid-19 epidemic, many foreign nationals entering Vietnam on a visa-free basis, entering with an e-visa or a tourist visa have been “stuck” in Viet Nam. In addition, Vietnam is restricting the issuance of new visas to foreign citizens to focus on the prevention of the Covid-19 epidemic, hence many foreign citizens in Vietnam cannot apply for a new visa, even though their visas have expired. Many foreigners have been concerning whether they can extend visa in Vietnam and seek help from best immigration lawyers in Vietnam for such queries.

 


 How Foreigners Can Extend Visa in Vietnam During Covid-19

To ensure the legal residence of these foreign citizens during the time when the world is facing the Covid-19 epidemic, Vietnam has “automatically extended temporary residence” status for foreign citizens in the above categories from March 01st, 2020 to the end of December 31, 2021. Foreign nationals who are automatically extended temporary residence do not need to apply for a new visa, however, they will renew their temporary residence every month to legally reside in Vietnam.

The automatic extension of temporary residence is also applied to cases of entry before March 01st, 2020 if they can be proven to be stranded due to the Covid-19 epidemic, certification of the Diplomatic missions by Diplomatic note (with Vietnamese translation) or a written certification from a Vietnamese competent authority about being isolated, treated for Covid-19 or other force majeure reasons.

In addition, to be automatically extended temporary residence, foreign citizens eligible for automatic extension of temporary residence must make temporary residence declaration and medical declaration according to regulations. In addition, foreign citizens need to comply with and not violate the law in Vietnam.

Automatic extension of temporary residence will help foreign citizens save time, cost, and travel restrictions during the outbreak of the pandemic as complex as it is today. However, the extended period of temporary residence is normally 30 days, hence the foreigners need to carry out the procedure to extend their temporary residence every month according to the notice of the Immigration Department.

In cases of extension of temporary residence, foreign citizens are allowed to temporarily reside in Vietnam for the permitted period and exit without declaration. After exiting the country, if they wish to return to Vietnam, foreign citizens must apply for a new visa in accordance with the law.

ANT Lawyers – A Law Firm in Vietnam with international standard, local expertise and strong international network. We focus on customers’ needs and provide clients with a high quality legal advice and services. For advice or services request, please contact us via email ant@antlawyers.vn, or call us +84 24 730 86 529.

 


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An outbreak of acute respiratory infections caused by a new strain of Corona virus (nCoV) was first detected in Wuhan City, Hubei Province, China in December 2019. Up to now, the disease has spread to many cities in China and more than 20 countries in the world including Vietnam. Facing new complicated movements of the acute respiratory disease epidemic caused by a new strain of Corona virus (Covid-19), on February 2nd, 2020, the Vietnam Minister of Labor, War Invalids and Social Affairs issued Official Dispatch No. 01/CD-LDTBXH on strengthening measures to prevent and control Covid-19 epidemics through the tighter control of immigration process, including the grant of visa, work permit, temporary residence card for foreigners originating from infected area.

Accordingly, the Ministry of Labor, War Invalids and Social Affairs shall propose the Employment Department and the Department of Labor, War Invalids and Social Affairs, the Management Boards of industrial parks, export processing zones and economic zones of localities to temporarily stop granting work permit for foreign workers from epidemic areas during the time when Vietnam declared the disease. This affects the entry into Vietnam of foreign workers who have not yet been granted a work permit under the law. According to Article 10 of the Law on Entry, Exit, Transit, and Residence of Foreigners in Vietnam 2014; Point c Clause 4 Article 1 of the Law on Entry, exit, transit and residence of foreigners in Vietnam amended in 2019; Clause 16, Article 1 of the Law on Entry, Exit, Transit, and Residence of Foreigners in Vietnam amended in 2019 foreign workers to be granted LD1, LD2 visas and temporary residence cards of the same type, should be issued with a work permit in Vietnam. In addition, foreign investors in Vietnam are also affected, because the temporarily stoppage of granting of work permits will also affect the application for certification of foreign workers’ eligibility for exemption from work permit for investors, it also affects the foreign investor’s temporary residence card application.

In addition, it is required that enterprises and organizations employing foreign workers to temporarily stop accepting workers from China returning Vietnam after Tet holiday to work and foreign workers moving to endemic areas during the Covid-19 epidemic announcement. In case of having received such, the enterprise must report the list of employees who have just returned to Vietnam from China with the necessary information as required, carry out isolation measures at places of residence and workplaces under the guidance of the health authorities, and at the same time monitor and examine health within 14 days from the date of entry into Vietnam.

Labour lawyers at ANT Lawyers shall closely monitor the changes of labour law to provide client with update.

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The changes of laws will be monitored by ANT Lawyers. For advice or service request, please contact us via email ant@antlawyers.vn or call +84 28 730 86 529






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Foreigners investing in Vietnam need to travel to Vietnam on investment purpose with the right visa supporting their purpose to comply with the Law on Entry, Exit, Transit, and Residence of Foreigners in Vietnam.

On November 25, 2019, the XIV National Assembly officially passed the Law on Entry, exit, transit, and residence of foreigners in Vietnam amended in 2019. This amendment provides many new highlights about the immigration of foreigners.

What are visas suitable for the investors?

Investor visa is divided into 04 categories: DT1, DT2, DT3 and DT4. The classification is based on invested capital and investment industry. For example, DT1 visas are issued to foreign investors in Vietnam and representatives of foreign organizations investing in Vietnam with a capital contribution of VND 100 billion or more or investment in preferential industries and trades. Investment and geographical areas eligible for investment incentives are decided by the Government.

How electronic visa can be applied and issued?

Visas issued through electronic transactions are electronic visas. Foreigner and the agency or organization sponsoring for a foreigner has the right to apply for an electronic visa. Immigration authorities shall consider, process and respond to applicants for electronic visas at the e-visa information page within 03 working days from the date of receipt of sufficient information for electronic visa application and visa fee.

How to change visa type caused by change of immigration purpose?

Currently, the visa type corresponding to purpose of immigration of foreigners in Vietnam cannot be changed. In case a foreigner wishes to change visa purposes, he / she must exit Vietnam and apply for a new visa supporting the new purpose making foreigners facing challenges to manage their work, and life and associated costs and time. However, according to the provisions of new the Law on entry, exit, transit, and residence of foreigners in Vietnam, there are 03 cases of visa conversion purposes: i) have proof of being an investor or representatives of foreign organizations investing in Vietnam according to the provisions of Vietnamese law; ii) have documents proving that the relationship being father, mother, wife, husband, children with the applicant; iii) being invited or sponsored by an agency or organization or working with an electronic visa, having a work permit in Vietnam or certifying that it is not subject to a work permit as prescribed by the Labor Code. In these cases, the foreigner would be granted a new visa with the symbol and duration suitable to the purpose of conversion.

What are additional visa exemption conditions in Vietnam?

Besides inheriting the previous provisions, the Law on Entry, Exit, Transit, and Residence of Foreigners in Vietnam amended in 2019, adding one more case visa exemption. Foreigners entering coastal economic zones under decisions of the Government and meeting the following conditions: having an international airport; having a separate space; having definite geographical boundaries, separated from the mainland; in accordance with the socio-economic development policy and without prejudice to national defense, national security, social order and safety of Vietnam, visa exemption is required upon entry.

What conditions qualify foreigners for Temporary Residence Card in 2020?

The duration and type of temporary residence cards are granted based on the contributed capital. Accordingly, the duration of temporary residence card DT1 for foreigners investing in Vietnam through direct investment of setting up company, obtaining investment registration certificate, with a capital contribution of 100 billion or more has a term of no more than 10 years. Temporary residence card with the symbol DT2 granted to investors contributing capital from VND 50 billion to less than VND 100 billion has a term of no more than 05 years. Temporary residence card with the symbol DT3 for investors with contributed capital valued from 03 to billion to less than 50 billion dong with duration not exceeding 03 years. And investors using DT4 visas with a capital contribution of less than 03 billion VND are not allowed to be issued temporary residence cards in Vietnam. It is important for foreigners falling under the DT4 category to consult with immigration lawyers in Vietnam to receive advice on proper advice when considering investing less then 03 billion VND.

The Law on entry, exit, transit, and residence of foreigners in Vietnam amended in 2019, will be effective from July 1, 2020.

How ANT Lawyers Could Help Your Business?

Please click here to learn more about ANT Lawyers Civil Matters Practice or contact our Law Firms in Vietnam for advice via email ant@antlawyers.vn or call our office at +84 28 730 86 529


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Investment visa which is symbolized as DT, is granted to foreign investors who establish or contribute capital to companies operating in Vietnam with the maximum time limit for each grant is no more than 01 year. The issuance of investment visas for foreigners must comply with the provisions of the Law on entry, exit, transit, and residence of foreigners in Vietnam 2014 and Circular 14/2015 / TT-BCA.

According to the current law, in order to be granted a investment visa, the foreign investor need to prepare 01 set of documents including: Certified copy of Business License / Investment License; certificate of seal sample registration or the Notice of posting information about the seal sample of the enterprise on the national portal of enterprise registration; registration of seal sample and signature of the legal representative of the enterprise operating in Vietnam (form NA16); visa application form, visa extension, temporary residence extension for foreigners in Vietnam (form NA5); The original passport is valid as prescribed and the temporary residence registration is required. The dossier is fully prepared and submitted at the Immigration Department of the province where the enterprise is located. The time limit for settlement is 05 days from the date of receipt of complete and valid dossiers.

If foreign investors want to extend the visa, they must apply for the extension within 06 months before the expiration date. Dossiers include: Original passport (valid for at least 06 months); NA5 visa application form; investment certificate, business registration certificate; power of attorney (if any). Dossiers of application for extension of temporary residence visas for foreigners shall be submitted at the Immigration Department or the Immigration Department of the Public Security of the city/province where the enterprise or organization is headquartered. Time for returning results is no more than 5 working days. The investment visa is extended once for no more than 01 year.

How ANT Lawyers Could Help Your Business?

Please click here to learn more about ANT Lawyers Civil Matters Practice or contact our Law Firms in Vietnam for advice via email ant@antlawyers.vn or call our office at +84 28 730 86 529


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After appropriate entry into Vietnam, if the investor, the employee needs to reside in Vietnam to be able to facilitate the implementation of investment, labor, the investor and the employee needs to apply Temporary residence card in accordance with the purpose of his/her residence.

Temporary residence card is a document issued by an immigration authority or a competent authority of the Ministry of Foreign Affairs to a foreigner who is permitted to reside for a limited period of time in Vietnam and is valid for visa replacement. When a temporary residence card is available, the investor or foreign worker will present a temporary residence card instead of a visa when entering / leaving Vietnam and legally residing in Vietnam.

To avoid administrative fines or deportation for violations of the law on residence in Vietnam, foreign investors and employees need to follow procedures for applying for a temporary residence card suitable for the purpose of entry (symbol visa). Investors, employees who have appropriate entry visas (DT or LD visa) will be considered by the Immigration Authority to grant a temporary residence card.

For the application for a temporary residence card that requires the investor, the employee needs to have all business documents, proving that it is eligible to sponsor a foreigner and enter the country for the right purpose. Request a Certification of exemption from a work permit / work permit, entry visa for the right purpose, legal residence address in Vietnam.

When all of the above conditions are met, investors and employees shall carry out the procedures for applying for temporary residence cards in Vietnam so that they can reside, leave and enter in accordance with law. The duration of the temporary residence card is issued pursuant to the purpose of entry and the proposal of agencies, organizations and individuals. The temporary residence card is from 1 to 5 years but shorter than the passport duration by at least 30 days, specifically:

- Temporary residence cards with symbols NG3, LV1, LV2, ĐT and DH are valid for no more than 05 years.

- Temporary residence cards with symbols NN1, NN2, TT are valid for not more than 03 years.

- Temporary residence cards with the symbol LD and PV1 are valid for no more than 02 years.

When the temporary residence card expires, the foreign individual will be considered for a new card.

How ANT Lawyers Could Help Your Business?

Please click here to learn more about ANT Lawyers Civil Matters Practice or contact our Law Firms in Vietnam for advice via email ant@antlawyers.vn or call our office at +84 28 730 86 529


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Overview

ANT Lawyers is a Vietnamese law firm in Vietnam with English speaking lawyers whom understand the laws of Vietnam within the business and the local culture context.

The firm has been advising and representing foreign companies and individual clients interested in either doing business, or needing legal services or representation in Vietnam who are seeking reasonable and competitive solutions without compromising on service quality.

ANT Lawyers is a member of Vietnam Bar Federation, Hanoi Bar Association.

ANT Lawyers is an exclusive Vietnam law firm member of Prae Legal, a global law firm network spanning 5 continents and 150 countries.

ANT Lawyers is a member of World Mediation Organization, an international organization headquartered in Berlin that promote and foster mediation as an alternative dispute resolution.

We pride ourselves on international recognition by IFLR1000 on Financial and Corporate practice, Legal500, international standard by Prae Legal peer members, local expertise and strong network with Vietnamese authorities and local experts.



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ANT Lawyers HCMC
7th Floor, Me Linh Point Tower,
2 Ngo Duc Ke Str., Dist. 1, HCMC
Tel: +84 28 730 86 529
Email: sgn@antlawyers.vn

ANT Lawyers Hanoi
5th Floor, Leadvisors Place Building,
41A Ly Thai To Str., Hoan Kiem Dist., Hanoi
Tel: +84 24 730 86 529
Email: ant@antlawyers.vn

ANT Lawyers Danang
3rd Floor, Riverside Tower,
74 Bach Dang Str., Hai Chau Dist., Da Nang
Tel: +84 236 7300 529
Email: dnn@antlawyers.vn


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