In the context of increasing globalization, the demand for foreign labor in Vietnam has also risen. This presents new challenges and requirements regarding the visa policy for foreign workers. The Vietnamese government has issued various regulations aimed at managing and adjusting the issuance of visas for foreign workers, ensuring transparency and compliance with the law.

I. Classification of Visas for Foreign Workers

The visa policy for foreign workers in Vietnam is regulated by Decree No. 152/2020/ND-CP, Decree 70/2023/ND-CP amending and supplementing Decree No. 152/2020/ND-CP which details the recruitment and management of foreign labor working in Vietnam. Accordingly, the issuance of visas for foreign workers must ensure principles that align with the labor utilization needs of the market, while also protecting the legal rights of workers and creating favorable conditions for employers.

One of the important factors in the visa policy is the classification of types of visas for foreign workers. Foreign workers in Vietnam can be issued different types of visas, such as LĐ visa (labor visa) or ĐT visa (investment visa). Each type of visa has its own conditions and issuance procedures that suit the purpose and duration of work in Vietnam.

II. Procedures for Applying for Work Visas and Work Permits

To apply for a work visa, foreign workers must have a valid Work Permit. This permit is issued by the Department of Labor, Invalids and Social Affairs in the locality where the worker intends to work. The issuance of the Work Permit is regulated by Article 9 of Decree No. 152/2020/ND-CP, which requires workers to have qualifications and certificates suitable for the job they will undertake in Vietnam. This is to ensure that foreign workers meet the professional and technical requirements of the Vietnamese labor market.

III. Duration and Renewal of Work Visas

In particular, the Vietnamese government also clearly regulates the duration of work visas. Accordingly, a work visa can be issued for a maximum duration of 2 years and can be renewed if the worker continues to work in Vietnam. The renewal period for the visa will depend on the duration of the Work Permit extension. This regulation not only provides foreign workers with the opportunity for long-term employment in Vietnam but also facilitates companies in managing their human resources.

IV. Cases Exempt from Work Permit Requirements

However, to ensure the rights of workers, the government also stipulates cases exempt from Work Permit requirements. Accordingly, certain individuals, such as specialists and foreigners entering Vietnam for short-term work purposes under 30 days, may be exempt from the Work Permit. This is intended to encourage foreign specialists to come to Vietnam to work and transfer technology without being bound by complicated procedures.

V. Challenges in Implementing Visa Policies

Despite detailed regulations, the implementation of the visa policy for foreign workers in Vietnam still faces significant challenges. According to a report from the Ministry of Labor, Invalids and Social Affairs, many foreign workers are still working in Vietnam without valid visas, causing issues related to labor management and social security. The government has made efforts to strengthen inspection and monitoring to detect and address these violations.

VI. Obligations and Rights of Workers

Alongside this, the government also encourages businesses to fulfill their obligations to protect the rights of foreign workers. This not only helps create a fair and transparent working environment but also builds a positive image of Vietnam in the eyes of the international community. A safe and healthy working environment will attract more foreign workers to come to Vietnam, thereby contributing to the country’s economic development.

The visa policy for foreign workers in Vietnam is not only an important part of labor management but also a decisive factor in attracting foreign investment and sustainable development. The development of this policy needs to continue to be reformed and improved to align with global trends and the actual demands of the labor market.

V. About Us, Hankuk Law Firm

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