Legal regulations on business visas

At present, procedures for applying for business visas in Vietnam have become increasingly stringent due to tighter immigration management policies aimed at controlling foreign labor. Sponsoring enterprises are required to ensure that application dossiers are valid and demonstrate a lawful need to employ foreign workers.

I. Current status of business visa applications

At present, procedures for applying for business visas in Vietnam have become increasingly stringent due to tighter immigration management policies aimed at controlling foreign labor. Sponsoring enterprises are required to ensure that application dossiers are valid and demonstrate a lawful need to employ foreign workers.

In addition, the appraisal process currently takes longer than before, particularly for industries requiring a high level of professional expertise. Certain applications are refused due to incomplete dossiers or failure to satisfy statutory conditions. Therefore, both enterprises and foreign workers must thoroughly understand the applicable procedures in order to avoid errors and save time.

II. Legal regulations on business visas

1. What is a business visa?

Pursuant to Clause 8, Article 8 of the Law on Entry, Exit, Transit, and Residence of Foreigners in Vietnam 2014 (as amended by Point d, Clause 3, Article 1 of the Amended Law in 2019):

A business visa (coded DN1, DN2) is a type of visa issued to foreigners entering Vietnam to work, conduct business cooperation, or perform other lawful commercial activities with Vietnamese enterprises.

Classification:

DN1: Issued to foreigners entering Vietnam to work with enterprises or organizations having legal entity status in accordance with Vietnamese law.
DN2: Issued to foreigners entering Vietnam to offer services, establish commercial presence, or perform other activities under international treaties to which Vietnam is a member.

2. Competent authorities for issuance of business visas

Pursuant to Clause 17, Article 3 of the Law on Entry, Exit, Transit, and Residence of Foreigners in Vietnam 2014, as supplemented by Clause 1, Article 1 of the amended Law 2019, the competent authorities for issuing business visas include: Vietnamese representative missions or other agencies overseas authorized to execute consular functions.

Pursuant to Clauses 1 and 2, Article 4 of the Law on Vietnamese Representative Missions Overseas 2009:

Diplomatic missions are Embassies.
Consular missions are General Consulates and Consulates.

Accordingly, competent authorities for issuing Vietnamese visas overseas include Vietnamese Embassies, General Consulates, Consulates, or other agencies authorized to execute consular functions in the relevant territory or country.

3. Procedures for applying for the business visa

Business visas (DN1, DN2) are issued to foreigners entering Vietnam to work with enterprises. The application procedures are governed by current laws and generally include the following steps:

Step 1. Preparation of dossiers:

The sponsoring enterprise prepares the required documents, including the foreigner’s passport, the enterprise’s business registration certificate, the visa application form, and documents evidencing the purpose of entry (Article 16 of the Law on Entry, Exit, Transit, and Residence of Foreigners in Vietnam 2014, as amended in 2019).

Step 2. Submission of application for entry approval letter:

The enterprise submits the dossier to the Immigration Department – Ministry of Public Security or to the Immigration Division of the provincial-level Police Department where the enterprise is headquartered. The standard processing time is five (05) working days from receipt of a complete and valid dossier.

Step 3. Receipt of entry approval letter:

If the dossier is approved, the enterprise will receive an entry approval letter to be sent to the foreigner, enabling completion of visa issuance procedures at the border checkpoint or at a Vietnamese Embassy/Consulate abroad.

Step 4. Receipt of business visa:

The foreigner presents the entry approval letter, passport, and required documents to obtain the visa at an international airport or at a Vietnamese Embassy/Consulate in the host country.

The competent authority for issuing business visas is the Immigration Department – Ministry of Public Security, in accordance with the authority stipulated in Article 31 of the Law on Entry, Exit, Transit, and Residence of Foreigners in Vietnam.

Validity of business visas: Up to 12 months, non-convertible in purpose.

III. Questions regarding business visas

1. Current processing time for issuance of business visas

Pursuant to Article 17 of the Law on Entry, Exit, Transit, and Residence of Foreigners in Vietnam 2014:

Within one (01) working day from the date of receipt of instructions from a competent authority of the Ministry of Foreign Affairs, together with the passport and visa application form affixed with a photo for cases specified in Clause 2, Article 15 of this Law, the competent Vietnamese visa-issuing authority overseas shall issue the visa.
For cases not specified in Clause 1 of this Article, after receiving notification from the inviting or sponsoring agency, organization, or individual, foreigners subject to visa requirements shall submit their passports, visa application forms, and photos to the competent Vietnamese visa-issuing authority overseas. Children under 14 years of age sharing a passport with their parents or guardians are not required to submit a separate visa application. Within three (03) working days from the date of receipt of notification from the immigration authority or a competent authority of the Ministry of Foreign Affairs, the competent Vietnamese visa-issuing authority overseas shall issue the visa.
Heads of competent Vietnamese visa-issuing authorities overseas may issue visas valid for up to 30 days to foreigners entering Vietnam for market surveys, tourism, family visits, or medical treatment in the following cases:
+ Persons having working relations with competent Vietnamese visa-issuing authorities overseas and their spouses and children, or persons having written requests from competent authorities of the host country’s Ministry of Foreign Affairs;
+ Persons having diplomatic notes of guarantee from diplomatic missions or consular missions in the host country.
After issuing visas in cases specified in Clause 3 of this Article, heads of competent Vietnamese visa-issuing authorities overseas must notify the immigration authority and take responsibility for such issuance.

Pursuant to Article 18 of the same Law, the processing time for visa issuance is no more than five (05) working days from the date of receipt of a complete and valid dossier.

2. Is it possible to extend the business visa?

Pursuant to Article 35 of the Law on Entry, Exit, Transit, and Residence of Foreigners in Vietnam 2014 (as amended in 2019):

Foreigners currently staying in Vietnam who wish to extend their temporary residence must request the inviting or sponsoring agency, organization, or individual to implement procedures at the immigration authority or a competent authority of the Ministry of Foreign Affairs.
Within five (05) working days from receipt of a complete dossier, the immigration authority or competent authority of the Ministry of Foreign Affairs shall consider granting an extension.

Accordingly, business visas may be extended in Vietnam in compliance with the above regulations.

3. Are foreigners entering Vietnam on the business visa eligible for the Temporary Residence Card?

Pursuant to Clause 1, Article 36 of the Law on Entry, Exit, Transit, and Residence of Foreigners in Vietnam 2014, as amended by Clause 14, Article 1 of the Law amending and supplementing a number of articles of the Law on Entry, Exit, Transit, and Residence of Foreigners in Vietnam 2019, the provisions are as follows:

- Eligible cases for issuance of Temporary Residence Cards include:

Foreigners who are members of diplomatic missions, consular offices, representative offices of international organizations under the United Nations, intergovernmental organizations in Vietnam, and their spouses, children under 18 years of age, and accompanying domestic helpers during their term of office;
Foreigners entering Vietnam on visas bearing the symbols LV1, LV2, LS, ĐT1, ĐT2, ĐT3, NN1, NN2, DH, PV1, LĐ1, LĐ2, TT.

From the above provisions, it can be seen that the categories of visas eligible for issuance of the Temporary Residence Card upon entry into Vietnam do not include business visas bearing the symbols DN1 and DN2.

Accordingly, foreign nationals entering Vietnam on business visas with symbols DN1 or DN2 are not eligible for the Temporary Residence Card. To be granted the Temporary Residence Card, they must enter Vietnam using an appropriate visa type or implement procedures to change their visa category in accordance with the law.

4. What conditions and documentation are required for reissuance of the business visa to foreign experts?

Pursuant to Article 10 of the Law on Entry, Exit, Transit, and Residence of Foreigners in Vietnam 2014, as amended and supplemented by Points a and b, Clause 5, Article 1 of the amended Law 2019, the conditions for visa issuance to foreign experts are prescribed as follows:

Possessing a passport or other valid international travel document.
Being invited or sponsored by an agency, organization, or individual in Vietnam, except for cases specified in Articles 16a, 16b, and Clause 3, Article 17 of this Law.
Not falling under cases in which entry is not permitted as stipulated in Article 21 of this Law.
Applicants for visas in the following cases must provide documents proving the purpose of entry:
Foreigners entering Vietnam for investment purposes must provide documents evidencing their investment in Vietnam in accordance with the Law on Investment;
Foreigners practicing law in Vietnam must possess a practicing license in accordance with the Law on Lawyers;
Foreigners entering Vietnam for employment purposes must possess a work permit in accordance with the Labor Code;
Foreigners entering Vietnam for study purposes must provide a letter of acceptance from a Vietnamese educational institution or training establishment.
Electronic visas shall be issued to foreigners holding passports who do not fall under the cases specified in Clauses 1, 2, 3, and 4 of Article 8 of this Law.

As for the dossier for visa issuance to foreign experts, it generally includes the following documents:

Original passport (valid for at least six (06) months);
Visa extension/issuance application form (Form NA5) in accordance with Circular No. 04/2015/TT-BCA;
Work permit or confirmation of exemption from a work permit for DN and LĐ visa cases; Investment Registration Certificate or Enterprise Registration Certificate for ĐT visa cases;
Letter of introduction authorizing an employee to submit the application dossier to the Immigration Authority.

IV. Legal consulting services on business visas

The above outlines key information on business visas. Should you require in-depth consultation or expedited procedural support, please contact NPLaw. With a team of experienced lawyers and legal specialists, we are committed to providing optimal solutions, ensuring compliance with legal regulations, and facilitating smooth completion of all procedures.