As of May 2022, Vietnam has removed most restrictions related to the prevention of the COVID-19 pandemic. Specifically, Vietnam reopened international commercial routes on March 15th with convenient entry policies, no longer applying quarantine requirements for entrants. This is a very proactive policy of the State toward economic recovery and development with the new entry policies good news for foreign direct investment activities in Vietnam in general and for those who wish to come to Vietnam for business-related purposes.
A business visa may be applied for by foreign nationals entering Vietnam for business-related purposes, such as exchanging business information, signing commercial contracts and developing business cooperation with local companies.
and may be extended if the foreign national applies for a continuation of their stay in Vietnam.
There are two kinds of business visas that foreigners working in Vietnam are able to apply for: i) short-term business visa, and ii) long-term business visa.
A short-term business visa has a maximum duration of 3 months and is granted to foreign experts, managers and technical workers entering Vietnam for business-related purposes. Visa type: DN1, DN2.
A long-term business visa has a maximum duration of 1 year (12 months) and is granted to foreigners working in Vietnam, who have i) a work permit or ii) a certificate of not being eligible for a work permit. Visa type: LD1, LD2.
CONDITIONS TO APPLY FOR A BUSINESS VISA
Until recently, Vietnam had applied restrictive measures to prevent and control the COVID-19 pandemic. Accordingly, the procedures to apply for a business visa became longer and more complicated in comparison with the normal provisions of the laws, as outlined in the Law on Entry, Exit, Transit and Residence of Foreigners in Vietnam No. 47/2014/QH13, dated June 16th, 2014 (the “Law”).
However, considering that the pandemic is now under reasonable control, the Vietnamese Government has decided to remove restrictions on the entry policy and restored the immigration policy by Official Letter No. 1606/VPCP-QHQT dated 15th March 2022, from which, the Law continues to be applied in accordance with its original provisions.
According to the Law, foreign nationals who apply for a Business visa need to satisfy the conditions of: 1) Being a commercial partner with business-related tasks to perform in Vietnam; 2) Having a valid international travel document such as a passport or equivalent document; 3) Being sponsored by a company based in Vietnam, that must carry out the relevant procedures at the Vietnam Immigration Department to sponsor entry.
PROCEDURES TO APPLY FOR A BUSINESS VISA
When a foreign national meets the necessary conditions, his/her sponsor organization/enterprise which is legally registered and operating in Vietnam needs to prepare a guarantee document for him/her at the Vietnamese Immigration Department in order to sponsor entry.
In case the Vietnam Immigration Department (“VID”) does not approve the entry of the foreign national, they will reply in writing, clearly stating the reasons. In case of a positive outcome of the application, the VID will instead issue an entry letter that allows for entry into Vietnam.
As per the law, VID shall issue its reply no later than 5 working days following receipt of the business visa application, although terms are normally longer in practice.
The contents of the entry letter include: Personal information of the foreign national; Information of the organization/enterprise sponsoring the entry of the foreign national; duration for the entry and places to receive business visas.
Upon receiving the entry letter, the Vietnamese organization/enterprise will send it to the foreign national, upon such time, the foreign national may (1) apply for the issuance of the business visa at the Embassy or Consulate relevant to the entrant, attaching a copy of the entry letter; (2) apply for a business visa directly at the international airport border gate, also providing a copy of the entry letter.
CONCLUSION
The simplification of entry policies and business visa procedures has made Vietnam a promising investment destination. In addition, the control of the pandemic and the constantly improving business environment have made Vietnam a shining light in attracting foreign direct investments. According to the General Statistics Office, in the first four months of 2022, foreign direct investment capital was estimated at more than 5.9 billion USD, up 7.6% over the same period last year.
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We hope the above is informative and helpful. If you have any questions related to the these matters, we remain available upon your request. Please feel free to contact D’Andrea & Partners Legal Counsel at info@dandreapartners.com for more information.
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