6-month working visa: The bright chance for employment

Never before has it been as effortless to explore the employment prospects in Vietnam as it is today, thanks to the 6-month working visa. This article divulges all the details about this exceptional document, along with comprehensive instructions for the application process, all of which will help readers partake in this extraordinary chance.

WHAT IS THE 6-MONTH WORKING VISA? 

A working visa (character LD visa) is a legal permit that enables foreign laborers who long to be employed in the Vietnamese labor market to enter the country for professional purposes. In sum, the 6-month working visa is a type of LD visa in which applicants submit their dossiers to the authority via an online system and are provided a 6-month duration. 

A sample of a 6-month working visa 

CATEGORIES OF THE 6-MONTH WORKING VISA

In the past, Immigration Law No. 47/2014/QH13 established that the LD visa is the only available visa for foreigners seeking employment in Vietnam to be received. Till 2019, when Amending and Supplementing Law No. 51/2019/QH14 was in effect, a 6-month working visa was categorized into an LD1 visa and an LD2 visa to divorce applicants from each condition. 

• LD1 visa: Granted to foreign laborers employed in Vietnam who possess a Certificate of Work Permit Exemption, unless stated otherwise in an international treaty that Vietnam is a part of. 

• LD2 visa: Granted to foreign laborers working in Vietnam who are under the expectation of the authority to fulfill a work permit.

WHAT IS THE REQUIREMENT FOR A 6-MONTH WORKING VISA? 

As per the Labor Code 2019, specifically Article 151.1, there are some prerequisites prescribed by the authority applying to all applicants. Here are all the conditions of a 6-month working visa to follow. 

Criminality record 

Being unblemished by any transgressions or any act that jeopardizes the national security of Vietnam and the applicant's homeland. Additionally, being devoid of any ongoing legal proceedings and unencumbered by a criminal sentence, both Vietnamese and foreign law enforcement officers ensure the safety and integrity of their mission. 

Mode of entry 

Individuals who are seeking a 6-month working visa should not enter Vietnam on a tourist visa unless granted special permission by the Ministry of Labor, Invalids, and Social Affairs on a case-by-case basis. 

Age and behaviour 

Being not less than 18 years old and possessing full capacity for civil acts that are able to adhere to regulations as prescribed by Vietnamese authority. 

Heath conditional 

Stable health without movement difficulty and contagious disease fall into the category of concern as stipulated by the Minister of Health.

Technical, professional, or occupational qualifications and experience

Foreign individuals, as professionals applying for a 6-month working visa, must: 

• Complete the university program and attain a bachelor's degree or higher, or its equivalent level. 

• In possession of a certificate of a minimum of 3 years of experience in the specific field related to the job position that the foreign worker desires to work for in Vietnam; or 

• Exhibit a certification highlighting a minimum of 5 years of experience in the specialized field corresponding to the intended job position in Vietnam.

Foreign individuals, as technical workers applying for a 6-month working visa, must:

• Having undergone a training course specialized in technical or other specialized fields for a minimum duration of 1 year, coupled with a commendable work experience of no less than 03 years in their respective fields.

• In possession of a certificate attesting to at least 5 years of professional experience in a field that aligns with the position applicants aspire to undertake in Vietnam.

• Be presently working for a company that is active in a suitable line of business, as stated on its business registration certificate. 

Foreign individuals, as directors, CEOs, or equivalent superior positions applying for a 6-month working visa, must: 

• Be key people, possessing the force to make crucial decisions regarding appointments and other important matters.

• In possession of a certificate validating professional experience of no less than three years in the relevant position.

WHO IS QUALIFIED TO BE GRANTED A 6-MONTH WORKING VISA? 

In addition to the prerequisites, pursuant to Decree 152/2020/ND-CP on the 6-month working visa for foreign employees in Vietnam, applicants must also have one of the following intentions:

• Individuals in charge of carrying out the contractors for labor.

• Individuals are part of executing the intra-company transfer program.

• Individuals in charge of enforcing contracts or agreements related to business, commerce, finance, banking, insurance, science and technology, culture, sports, education, vocational training, and health.

• Individuals engaging in contractual agreements to deliver services.

• Individuals with authorization to extend service offerings. 

• Individuals employed by foreign non-governmental organizations or international organizations in Vietnam have obtained legal authorization under Vietnamese law.

• Individuals undertaking the positions of managers, chief executive officers, experts, and technicians.

• Individuals have contributed to the implementation of bidding contracts and projects within Vietnam.

Eligible applicants for a 6-month working visa

WHO IS QUALIFIED TO SPONSOR A 6-MONTH WORKING VISA? 

In the continuation section of the law, the authority further mandates that the individuals deemed eligible to endorse a 6-month working visa encompass the following entities:

• Enterprises that are in compliance with the Enterprise Law, Investment Law, or international treaties ratified by the Socialist Republic of Vietnam.

• Contractors who actively engage in bidding processes and execute the contracts.

• Representative offices and branches of enterprises, as well as agencies and organizations that have obtained the full series of legitimate licenses from competent authorities.

• Government bodies, political entities, socio-political groups, socio-political-professional associations, community organizations, and socio-professional collectives.

• A foreign non-governmental organization has been bestowed with a license by a proficient Vietnamese authority in strict adherence to the regulations set forth by Vietnamese law.

• Non-commercial entities and educational establishments have been found following the provisions of the Vietnamese legal framework.

• Global organizations and offices of foreign projects that are placed in Vietnam. 

• Entities and institutions sanctioned by the government, prime minister, ministries, and sectors per the laws of Vietnam are approved to be established and in operation.

• The offices of foreign investors engaged in business cooperation contracts or foreign contractors are given a license to be active under the provisions of Vietnamese law.

• Organizations active in the area of legal sectors in Vietnam abiding by the provision of Vietnamese law.

• Cooperatives and their unions have been formed and set up for the operation in accordance with the Code of Cooperatives.

WHAT DOCUMENTS NEED TO BE PREPARED WHEN APPLYING FOR A 6-MONTH WORKING VISA? 

According to Clause 2, Article 16 of the Law on Entry, Exit, Transit, and Residence of Foreigners in Vietnam 2014, applying for a 6-month working visa requires certain essential materials. These materials include:

• Photographs

Provide 2 colored photos measuring 4 x 6 cm or 2 x 2 inches, captured within the past six months from the date of application and printed in hues. In detail, your complete countenance must be clearly on display, formed with a neutral expression, and against a backdrop of illumination.

Furthermore, eschew the donning of headwear or headscarves unless it is for religious purposes. Also, abstain from wearing ebony or shaded spectacles unless it is medically imperative. However, accessories such as prescription eyeglasses, hearing aids, or wigs may be considered under certain circumstances.

• Certificate of Seal 

A valid certificate showcasing the authentic seal specimen or Statement of Seal Use by the Company.

• License of business operation 

Legal license for the operation of a company wherein foreign individuals are employed and occupied. This may take the form of a business registration certificate, an investment license, or an operation license for a branch or representative office within Vietnam. 

• NA2 form 

A valid entry approval declaration form (code NA2) validated by the Vietnam competent authority for foreign individuals who dwell overseas and have not entered Vietnam. 

• NA16 form 

A valid document presenting the seal and signature of a duly authorized individual of the organization in the NA16 form. This is the only request when an enterprise initially applies for a 6-month working visa.

• Copy of Work Permit 

An authentic scan of the work permit endorsed by the competent authority in Vietnam for foreign nationals in the case of an LD2 visa.

• Copy of Work Permit Exemption 

An authentic scan of a work permit exemption certificate approved by the competent authority in Vietnam for foreign nationals in the case of being waived in an LD1 visa. 

• Superior position validation 

Valid documentation vouches for foreign workers to hold a superior position as a manager or executive, in accordance with the prevailing laws and regulations.

• Employment validation 

Valid documentation vouches for foreign individuals as expert or technical workers, supported by a collection of diplomas, certificates, and certifications from esteemed foreign agencies, organizations, or enterprises. Also, these documents must be able to validate the foreign worker's extensive years of experience in their respective field of expertise. 

• Employment detail 

A pact or deal reached between Vietnamese and international counterparts outlines the details regarding the deployment of foreign employees to Vietnam. This official document is applicable to foreign workers engaged in contracts or agreements related to business, commerce, finance, banking, insurance, science and technology, culture, sports, education, vocational training, and health. 

Required documents for the 6-month working visa

ADDITIONAL DOCUMENTS THAT MIGHT NEED TO BE PREPARED WHEN APPLYING FOR A 6-MONTH WORKING VISA

In addition to the documents that will be required, there are still other optional materials that may be requested for submission. To learn all the dossiers for the application to a 6-month working visa, the following list has arranged the essential extra documentation depending on each case. 

• Documentation for employment at legal establishments

A valid document that assigns foreign individuals to relocate their employment at a foreign non-governmental organization or international organization in Vietnam under the provisions of Vietnamese law. This document is applicable to workers of organizations with granted operating licenses.

• Documentation for the intra-company transfer program  

A document issued by the foreign company to dispatch their workforce to Vietnam's territory for commercial operations. Moreover, a document confirming that the individual has been employed by the foreign company for a minimum of 12 consecutive months prior to the transfer date.

This package of documents is applicable to foreign workers who are part of an intra-company transfer program. 

• Documentation for the service providers 

An authentic service contract ties a Vietnamese to a foreign partner. Besides, a document substantiating their employment with the foreign company, which lacks any commercial establishment in Vietnam, for a minimum period of two years.

This package of documents is applicable to service providers under contractual terms. 

• Documentation for the service negotiator

A legitimate document issued by the service provider in Vietnam to foreign individuals for the purpose of negotiating the provision of services. This document is applicable to individuals with the duty of negotiating in their service sector. 

• Documentation for the on-board aircraft crews 

A pilot license that was under issuance by either a Vietnamese competent authority or a foreign competent authority for pilots from abroad. Or a certificate of eligibility for serving on aircraft under the provision of the Ministry of Transport for a flight attendant. This package of documents is applicable are applicable to members of commercial flights and does not include military or other service flights. 

• Documentation for the aircraft maintenance crews

A certificate of expertise in aviation maintenance provided by a proficient Vietnamese authority, or alternatively, granted by a foreign authority of equal competence for aircraft maintenance workers.

• Documentation for sailors 

A certificate of proficiency or an esteemed validation of a certificate of expertise bestowed upon a foreign crew member of a ship or vessel by the Vietnamese competent authority.

• Documentation for diplomatic workers 

A diploma of documentation that was issued by the Minister of Education and Training following qualifications or standard qualifications. These involve the Law on Education, the Law on Higher Education, the Law on Vocational Education, and the Regulation on the Organization and Operation of Foreign Language and Computer Training Centers.

• Documentation for footballers 

A valid international transfer certificate (ITC), detailing its issuance to a specific foreign football player to enter Vietnam for tournaments or events. Alternatively, an official document affirms the temporary or permanent registration of the player within a club affiliated with the Vietnam Football Federation. 

This package of documents is applicable to foreign individuals who are professional football players.

HOW TO APPLY FOR A 6-MONTH WORKING VISA? 

After exploring what to prepare, it is now opportune to proceed with the application for a 6-month working visa. Here are the step-by-step instructions on what to do: 

Step 1: Prepare dossiers

Take a moment to go through the section mentioned and ensure that all the documentation components for the 6-month working visa are prepared accurately.

Step 2: Access the application website

The package of documents must be submitted at either the National Public Service Portal or the Ministry of Public Security's Public Service Portal. Visit one of these websites and follow the instructions provided on their websites to register for an online immigration electronic account.

Step 3: Submit dossiers

Fill out all the information as asked on the screen and leave an electronic signature. 

Step 4: Fulfill supplementary requirements

If there are any supplementary documents needed for the 6-month working visa, submit them as instructed on the National Public Service Portal. These documents should be submitted while waiting for the results.

Step 5: Obtain the results

Access the results on the national public service portal by logging in and downloading the entry dispatch file after 5 working days.

The application process for the 6-month working visa

By and large, the 6-month working visa is the ultimate key for foreign individuals to unpack labor opportunities and be occupied in the incredibly vibrant nation of Vietnam. However, this coveted opportunity is not easily attained, as it demands strict adherence to the eligibility criteria and meticulous adherence to the comprehensive step-by-step instructions provided.

This is an unmissable chance to reside and create a new chapter in your career with this wonderful visa. Take your head straight to the application and apply for the 6-month working visa to relish the fruits of employment in this remarkable destination from this very moment on.

Should you encounter any difficulties with your application or require clarification on any matter, kindly send us your concerns at [email protected]. Our team of experts will spare no effort in providing you with the utmost assistance and promptly delivering a solution that meets your discerning requirements.