Immigration Rules — Vietnam

Vietnam Immigration Rules and Regulations

*Note: Vietnamese immigration policy has changed frequently in recent years (particularly post-COVID and with the 2023 e-visa expansion). Always verify current requirements with the Vietnam Immigration Department, a Vietnamese embassy/consulate, or a licensed immigration lawyer before traveling or making decisions.*

Visa Categories and Legal Framework

Vietnam's immigration system is primarily governed by the Law on Entry, Exit, Transit, and Residence of Foreigners in Vietnam (2014, amended 2019 and 2023). Key visa types include:

• DL – Tourist visa
• DN1/DN2 – Business visas (working for/visiting Vietnamese enterprises)
• LD1/LD2 – Labor/work visas
• TT – Visa for family members of foreign residents/investors
• DT1–DT4 – Investor visas (tiered by investment amount)
• NN1/NN2/NN3 – Representative office/organization staff
• EV – E-visa (available to 80+ nationalities as of 2023)
• VR – Visa exemption for certain diplomatic/family cases

Work Restrictions for Visa Holders

Tourist and Business Visas

• Tourist visas (DL) strictly prohibit employment of any kind, paid or unpaid
• Business visas (DN1/DN2) allow business meetings, negotiations, and short-term work but not ongoing employment without a separate work permit
• Working on an incorrect visa category is a common violation leading to fines, deportation, or blacklisting

Work Permit Requirements

• Foreigners working in Vietnam generally need:
• A valid work permit (unless exempted)
• An appropriate LD1 or LD2 visa, or a temporary residence card (TRC)
• Work permit exemptions apply to certain categories: intra-company transferees (with conditions), those working under 30 days multiple times per year (capped at 90 days/year total), lawyers with Vietnamese Bar Federation licenses, and a few other narrow categories
• Employers must justify hiring foreign workers by demonstrating the position cannot be filled by Vietnamese labor (labor market test), except for specific exempted roles

Penalties for Unauthorized Work

• Fines ranging from VND 15,000,000–75,000,000 (~$600–$3,000 USD) depending on severity
• Deportation
• Employer penalties: fines up to VND 75,000,000 and potential business license issues

Deportation Grounds

Common grounds for deportation include:

• Working without proper authorization (wrong visa category or no work permit)
• Overstaying visa validity
• Criminal convictions in Vietnam
• Threats to national security, public order, or social safety
• Providing false information on visa/residence applications
• Violating the terms of visa sponsorship (e.g., visa sponsored by a company but not actually working there)
• Illegal drug use or trafficking
• Engaging in prohibited political or religious activities

Deportation Process

• Administrative deportation is common for visa/immigration violations (faster process)
• Judicial deportation follows criminal conviction
• Deported individuals typically face entry bans ranging from 1–5 years, sometimes longer for serious offenses
• Bans are recorded in Vietnam's immigration database and shared with ASEAN partners in some cases

Overstay Penalties

Overstay fines have increased in recent years and are calculated based on duration:

| Overstay Duration | Approximate Fine (VND) | Approximate Fine (USD) |

|---|---|---|

| Under 16 days | 500,000 – 2,000,000 | $20–$80 |

| 16 days to under 3 months | 3,000,000 – 6,000,000 | $120–$240 |

| 3 months to under 6 months | 5,000,000 – 10,000,000 | $200–$400 |

| Over 6 months | 15,000,000 – 20,000,000 | $600–$800 |

Important considerations:

• Fines are typically paid at the airport immigration counter or police station before departure
• Extended overstays (often 6+ months or repeat offenses) can trigger deportation and entry bans
• Some overstays result in denial of boarding by airlines until fines are resolved
• These figures are approximate—verify current fine schedules, as Vietnam periodically revises Decree 144/2021 (administrative penalties) and related regulations

Criminal Background Requirements

• Judicial record certificates (police clearance certificates) are required for:
• Work permit applications
• Temporary residence card (TRC) applications
• Some long-term visa categories (investor, labor)
• Certificates must typically be:
• Issued within the last 6 months
• Notarized and legalized (consular authentication) in the home country
• Translated into Vietnamese by a certified translator
• Certain criminal convictions (especially drug-related, violent, or fraud offenses) can result in automatic visa denial

Health and Biometric Requirements

Health Certificates

• Required for work permit applications and some residence permits
• Must be issued by a licensed medical facility (often must be conducted in Vietnam at approved hospitals, or apostilled/legalized if done abroad)
• Typically covers: general physical exam, infectious disease screening (including HIV in some cases), mental health assessment
• Valid for 12 months from issuance for work permit purposes

Biometric Data

• Fingerprinting required for:
• Temporary residence cards (TRC)
• Permanent residence applications
• Some long-term visa renewals processed in-country
• Vietnam has been expanding biometric collection at border checkpoints, including facial recognition trials at major airports (Tan Son Nhat, Noi Bai) as of 2023–2024

Required Documentation

Standard Visa Application

• Valid passport (minimum 6 months validity, at least 2 blank pages)
• Visa application form
• Passport-sized photos (specific dimensions apply, typically 4x6cm)
• Visa approval letter (for visa-on-arrival, obtained via sponsoring agency/employer before travel)
• Proof of accommodation
• Return/onward flight itinerary (sometimes requested)
• Sufficient funds evidence (occasionally requested, rarely enforced for tourist visas)

Work Permit Application

• Signed labor contract or employment offer
• Criminal background check (see above)
• Health certificate (see above)
• Diploma/degree certification (notarized and legalized) proving relevant qualifications
• CV/resume demonstrating minimum 3 years relevant experience (or degree in relevant field) for most positions
• Employer's business registration certificate
• Justification letter for hiring foreign labor (labor market test documentation)
• 2 passport photos

Temporary Residence Card (TRC)

• Valid visa/work permit
• Employer sponsorship letter
• Criminal record check
• Health certificate
• Passport copies
• TRCs are typically issued for 1–3 years, tied to work permit or investment status

Maintaining Legal Status

Key Compliance Steps

• Match visa category to actual activity – Never work on a tourist or business visa without proper authorization
• Track expiration dates carefully – Vietnam does not always send reminders; responsibility falls on the individual
• Renew work permits before expiration – Processing typically takes 5–15 working days, so apply at least 30 days in advance
• Register residence with local police within 12–24 hours of arrival at each new address (typically handled by hotels/landlords, but foreigners should confirm this occurs)
• Report address changes to local Public Security authorities
• Carry passport and visa/TRC documentation at all times—random checks occur, especially in tourist areas and near borders
• Exit and re-enter correctly if using multiple-entry visas—single-entry visas cannot be used for visa runs
• Renew TRCs and visas proactively—many long-term residents use immigration service agencies to manage renewals, given bureaucratic complexity

Common Pitfalls

• Using "visa run" services that are actually illegal facilitation of improper documentation
• Overstaying due to miscounting visa validity (visa-exempt entries have strict day limits, often 15–90 days depending on nationality/agreement)
• Working remotely for foreign companies while on tourist visas (a legal gray area increasingly scrutinized post-2023, particularly in Da Nang, Hoi An, and Ho Chi Minh City)
• Assuming visa sponsorship by one company permits work for a different company

Recent Developments to Monitor

• E-visa expansion (August 2023): Now available to nationals of 80+ countries, valid up to 90 days, single or multiple entry
• Visa-free stays extended: Many European nationals (UK, France, Germany, Spain, Italy) granted 45-day visa-free entry (up from 15 days) as of August 2023
• Digital nomad visa: No dedicated category exists yet (as of early 2024), despite market demand—monitor for potential future policy changes

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Recommendation: Given the complexity and frequent updates to Vietnamese immigration law, consult:

• Vietnam Immigration Department (Cục Quản lý xuất nhập cảnh) official announcements
• Vietnamese Embassy/Consulate in your home country
• A licensed immigration law firm in Vietnam for work permits, TRCs, or complex cases

Fines, processing times, and eligibility criteria are subject to change—confirm specifics before relying on this information for decision-making.

More about immigrating to Vietnam