Foreigners working in Vietnam without work permits would be expelled, according to a draft decree guiding the Labor Code’s provisions on foreign workers in Vietnam. 

Under the draft, foreigners working in Vietnam are those who enter the country to work in any of the following forms: (i) performing labor contracts; (ii) internal transfer within enterprises with commercial presence in Vietnam; (iii) performing contracts or agreements in the economic, trade, financial, banking, insurance, scientific and technical, cultural, sports, educational and health sectors; (iv) acting as contractual service providers; (v) offering services; (vi) working for foreign non-governmental organizations and international organizations licensed to operate in Vietnam; and (vii) working as volunteers.

One of the most important things in applying for an investment certificate by foreign investors in Vietnam is determination of the scope of investment and business through specifying their business lines. Such determination can help the investors not only gain initiatives in the initial process of investment application but also identify the scope of activities they are allowed to carry out in Vietnam.

This Circular guides the procedures for Exit and Entry Permit (form N18) for foreigners residing in Vietnam do not have passports but Resident Card issued by Vietnam.

The period of this license is shorter than Resident Card at least one (01) month and not be extended. It can not substitute the passport, does not specify the nationality of the grantee. Foreigners may be granted visa-free entry and exit out to Vietnam within the term of the license.

This Circular guides procedures for the grant of permits for foreigners in transit via international airports or seaports (below referred to as international border gates) for travel or tourism in Vietnam within 15 days.

CIRCULAR

GUIDING THE GRANT OF VIETNAM TRAVEL OR TOURISM PERMITS FOR IN-TRANSIT FOREIGNERS

Pursuant to the 2000 Ordinance on Entry Exit and Residence of Foreigners in Vietnam and the Government's Decree No. 21/2001/ND-CP of May 28, 2001, detailing the Ordinance on Entry, Exit and Residence of Foreigners in Vietnam;

To amend and supplement a number of articles and clauses of Joint Circular No. 04/2002/TTLT-BCA-BNG of January 29, 2002, guiding the Government's Decree No. 21/ 2001/ND-CP of May 28, 2001, detailing the Ordinance on Entry, Exit, and Residence of Foreigners in Vietnam.

This Circular applies to overseas Vietnamese holding valid passports or passport substitute papers granted by foreign authorities (below collectively referred to as foreign passports) who register permanent residence in Vietnam.

This Circular also applies to overseas Vietnamese who do not hold foreign passports, but permanent residence papers granted by foreign authorities.

Overseas Vietnamese, foreign spouses and children of Vietnamese citizens or overseas Vietnamese are eligible for entry visa exemption if fully meeting the following conditions:

This Decree is about to amend and supplement a number of articles of the Government’s Decree No. 34/2008/ND-CP of March 25, 2008, on recruitment and management of foreign employees in Vietnam.

This Decree provides for the recruitment and management of foreign employees working in Vietnam; order and procedures for granting work permits and the use of work permits; responsibilities of foreign employees, employers and state agencies in the recruitment and management of foreign employees in Vietnam.

Agencies and organizations, which wish to invite into Vietnam foreigners who are not liable to carry out procedures at the Ministry for Foreign Affairs as defined at Point 1 of this Section, shall send written requests to the Exit and Entry Management Department. If they request the granting of visas to guests at international border gates, their written requests must clearly state the border gates and time of the guests? entry, as well as reasons for granting of visas at border gates.