Resident Card/ Work Permit

Doublecure wrote:

Does having a son born in and living in Saigon qualify me for a residency card?  I am not married.

Yes, if your son is also a Vietnamese citizen and you have all the official documents showing that you are the father.

http://www.vietnamonline.com/az/permane … ation.html

Concerning work permit, try googling.

Thanks Anatta this is what I also thought but when I was in Saigon in Nov I went to the immigration with my son and was referred to a young official looking type.  He basically said go away there is no provision even though I had my sons birth certificate, residency info and American Visa info.

I was thinking of returning to find another person to speak with.  BTW  I went with a Vietnamese citizen so there were no language issues.

Article 3.- Foreigners must satisfy all of the following conditions in order to work in Vietnam:
1. Must be eighteen (18) years of age or older.
2. Must be in good health as necessary to satisfy the job requirements.
3. Must be a manager, executive director or an expert as stipulated in clauses 2 and 3 of article 2 of this Decree.
Foreigners applying to work in a private medical or pharmaceutical practice or to directly carry out medical examination and treatment in Vietnam, or to work in the educational and occupational training sectors must satisfy all conditions stipulated by the law of Vietnam in relation to private medical or pharmaceutical practice, or education and occupational training.
4. Must not have a criminal record for a national security offence; and must not currently be subject to criminal prosecution or any criminal sentence in accordance with the law of Vietnam and foreign laws.
5. Must have a work permit issued by the authorized State body of Vietnam, except in the cases stipulated in article 9.1 of this Decree where a work permit is not required.
Article 4.- Recruitment of foreigners to work in Vietnam pursuant to a labour contract
1. An employer shall be permitted to recruit foreign workers who fully satisfy the conditions stipulated in article 3 of this Decree in order to work as managers, executive directors and experts where Vietnamese workers are not yet able to satisfy such production and business requirements.
2. An application file to register the proposed recruitment of a foreigner: the foreigner shall lodge two sets of an application file with the employer, the employer shall administer one set and the other set shall be retained by the employer to conduct procedures for registration for issuance of a work permit. Each set of the application file shall comprise:
a/ Registration slip regarding the proposed recruitment of the foreigner on the standard form prescribed by the Ministry of Labour.
b/ Legal record issued by the authorized body of the country where the foreigner resided prior to coming to Vietnam. If the foreigner has currently resided in Vietnam for six (6) months or more, then there need only be a legal record issued by the Vietnamese Department of Justice of the locality where the foreigner is residing.
c/ Curriculum vita of the foreigner on the standard form prescribed by the Ministry of Labour.
d/ Health certificate issued overseas or health certificate issued in Vietnam in accordance with the regulations of the Ministry of Health.
dd/ Copies of certificates of specialist lor] highly technical qualifications of the foreigner. A foreigner who is an artisan in a traditional occupation or trade or who has experience in an occupation or trade or in operating production or in managerial work and who does not possess certificates or diplomas must have a document from the authorized body of the country of his or her nationality certifying that he or she has at least five years' experience in an occupation or trade, in operating production or in managerial work.
e/ Three colour photos (3cm by 4cm in size, bareheaded, frontal view, showing the face and ears clearly, without glasses, and on a white background) taken within the last six (6) months from the date on which the foreigner lodges the application file.
3. Any documents prescribed for the above file which are issued, certified or notarized by a foreign body or organization must be consularized in accordance with the law of Vietnam and translated into Vietnamese; and the translations and any copy documents must also be notarized in accordance with the law of Vietnam.
4. Order and procedures for employing foreigners to work in Vietnam:
a/ At least thirty (30) days prior to recruiting employees, the employer must publish its need to recruit employees in a central or local newspaper (in written, oral, pictorial or electronic form) notifying the following matters: the number of employees to be recruited, the work, the specialist qualifications, the salary level, the working conditions and other necessary items which the employer requires.
It shall not be necessary to publish the above-mentioned notice in a central or local newspaper if the employer recruits employees via a recruitment agency.
b/ Employers must provide complete information about the provisions of the law of Vietnam relating to rights and obligations of foreigners entering Vietnam to work; and foreigners must fully research such provisions of the law of Vietnam as supplied by the employer, and at the same time they must prepare the necessary documents and correctly comply with the provisions of this Decree.
c/ A foreigner wishing to work in Vietnam must submit to the employer the application file for registration for recruitment stipulated in clause 2 of this article. An employer shall receive such file if it contains all the documents required by this Decree, and the employer shall then conduct procedures in accordance with this Decree to apply for issuance of a work permit for the foreigner to work in Vietnam.
d/ After issuance of a work permit, the foreigner and the employer must sign a written labour contract in accordance with the labour law of Vietnam, and the employer shall be responsible to forward a copy of the signed labour contract to the body which issued the work permit for such employee. The contents of the labour contract must not be inconsistent with the contents of the issued work permit.
Article 5.- Foreigners entering Vietnam to work in the form of internal transfer within an enterprise
1. Any foreigner working in Vietnam pursuant to article 1.1(b) of this Decree must have a letter from the foreign enterprise appointing him or her to come to Vietnam to work at the commercial presence of such foreign enterprise in the territory of Vietnam, and must satisfy the conditions stipulated in article 3 of this Decree.
2. In the case of a foreigner internally transferring within an enterprise, at least twenty (20) per cent of the total number of the managers, executive directors and experts of each enterprise with a commercial presence within the territory of Vietnam must be Vietnamese citizens. However, each foreign enterprise shall be permitted to have a minimum1 of three managers, executive directors and experts who are not Vietnamese.
3. The representative of a foreign enterprise which has established a commercial presence within the territory of Vietnam in accordance with the law of Vietnam shall be responsible to provide complete information about the provisions of the law of Vietnam relating to the rights and obligations of foreigners working within the territory of Vietnam, and foreigners must research and fully comply with the provisions of the law of Vietnam as supplied by the employer.
4. Foreigners must prepare all the documents stipulated in sub-clauses (b), (c). (d), (dd) and (e) of article 4.2 of this Decree.
5. The representative of a foreign enterprise which has established a commercial presence within the territory of Vietnam shall conduct procedures requesting issuance of a work permit for a foreigner to work in Vietnam pursuant to this Decree, prior to such foreigner coming to Vietnam to work.
Article 6.- Foreigners entering Vietnam to perform contracts (other than labour contracts)
1. Any foreigner working in Vietnam pursuant to sub-clauses (c) and (d) of article 1.1 of this Decree must satisfy all the conditions stipulated in article 3, and must have a contract signed between the Vietnamese party and the foreign party agreeing on the foreigner coming to Vietnam to work.
2. The Vietnamese party must provide complete information about the provisions of the law of Vietnam relating to rights and obligations of foreigners entering Vietnam to work; and foreigners must research and fully comply with the provisions of the law of Vietnam.
3. Foreigners must prepare all the documents stipulated in sub-clauses (b), (c), (d), (dd) and (e) of article 4.2 of this Decree.
4. The Vietnamese party shall conduct procedures requesting issuance of a work permit for a foreigner to work in Vietnam pursuant to this Decree, prior to such foreigner coming to Vietnam to work.
Article 7.- Foreigners entering Vietnam to work in order to offer services
Any foreigner entering Vietnam to work pursuant to sub-clause (dd) of article 1.1 of this Decree must provide seven (7) working days advance notice to the local Department of Labour where the foreigner proposes to offer services, and the contents of the notice must comprise the full name, age, nationality and passport number of the foreigner, the dates of commencing and finishing work, and the specific work which the foreigner will carry out.

Article 9.- Issuance of work permits
1. Any foreigner working in Vietnam must have a work permit, except in the following cases:
a/ A foreigner entering Vietnam to work for a period of less than three (3) months.
b/ A foreigner who is a member of a limited liability company with two or more members.
c/ A foreigner who is the owner of a one member limited liability company.
d/ A foreigner who is a member of the board of management of a shareholding company,
dd/ A foreigner entering Vietnam to offer services.
e/ A foreigner entering Vietnam to work to resolve an emergency situation such as a breakdown or a technically or technologically complex situation arising and affecting, or with the risk of affecting, production [and/or] business and which Vietnamese experts or foreign experts currently in Vietnam are unable to deal with, [but] if for above three months then after working for three months in Vietnam the foreigner must carry out procedures to register for issuance of a work permit in accordance with this Decree.
g/ A foreign lawyer to whom the Ministry of Justice has issued a certificate to practise law in Vietnam in accordance with law.
2. Departments of Labour of provinces and cities under central authority shall issue work permits for foreigners to work in Vietnam on the standard form prescribed by the Ministry of Labour.
3. An application file for the issuance of a work permit shall comprise:
a/ Letter from the employer, Vietnamese party or representative of the foreign non-Governmental organization requesting issuance of a work permit, on the standard form prescribed by the Ministry of Labour.
b/ Foreigners recruited pursuant to a labour contract must have all the documents stipulated in sub-clauses (a), (b), (c). (d), (dd) and (e) of article 4.2 of this Decree.
c/ Foreigners transferring internally within an enterprise must have all the documents stipulated in sub-clauses (b), (c), (d), (dd) and (e) of article 4.2 of this Decree and they must also have a written letter from the foreign enterprise appointing them to come to Vietnam to work at the commercial presence of such foreign enterprise within the territory of Vietnam.
d/ Foreigners prescribed in sub-clauses (c) and (d) of article 1.1 of this Decree must have all the documents stipulated in sub-clauses (b), (c), (d), (dd) and (e) of article 4.2 and they must also have a contract signed between the Vietnamese party and the foreign party.
dd/ Foreigners prescribed in sub-clause (e) of article 1.1 of this Decree must have all the documents stipulated in sub-clauses (b), (c), (d), (dd) and (e) of article 4.2 and they must have a certificate proving that the foreign non-Governmental organization is permitted to operate in accordance with the law of Vietnam.
4. Work permit shall be issued for the same duration as the term of the proposed labour contract to be signed or as set out in the decision of the foreign party on appointment to come to work in Vietnam. In the case of a foreigner entering Vietnam to work other than pursuant to a labour contract, then a work permit shall be issued for the same duration as the term of the contract between the Vietnamese party and the foreign party. In the case of a foreigner who will act as representative of a foreign non-Governmental organization, a work permit shall be issued for the same duration as the term specified in the certificate proving that the foreign non-Governmental organization is permitted to operate in accordance with the law of Vietnam.
The duration of a work permit in any of the above-mentioned cases shall be a maximum thirty six (36) months.
5. Order for issuance of work permits:
a/ The employer, the Vietnamese party or the representative of the foreign non-Governmental organization must lodge the application file requesting issuance of a work permit with the local Department of Labour where the foreigner will work on a regular basis, or if the foreigner will not always work in the same one place then with the local Department of Labour where the employer has its head office, at least twenty (20) days prior to the date on which it is proposed that the foreigner will commence working at the enterprise, body or organization in Vietnam.
b/ The Department of Labour shall issue the work permit for the foreigner within a time-limit of fifteen (15) working days from the date of receipt of a complete and valid application file In a case of a refusal, the Department shall provide a written response specifying its reasons.
c/ In the case of a foreigner who has been issued with a work permit which is currently valid and who wishes to sign another labour contract with another employer, then the application file must contain all the documents stipulated in sub-clauses (a) and (dd) of article 4.2 and in article 9.3(a). together with a copy of the currently valid work permit.
6. With respect to foreigners entering Vietnam who do not require a work permit as prescribed in clause 1 of this article, the employer or Vietnamese party must provide a report to the local Department of Labour (where the foreigner will work on a regular basis) seven (7) days prior to the date on which the foreign employees will commence work, namely a spreadsheet stating the names, age, nationality and passport numbers of the foreign employees, their dates of commencing and finishing work, and the work to be undertaken; and must enclose the documents of the foreigners prescribed in sub-clauses (b), (c), (d) and (dd) of article 4.2. and must also ensure satisfaction of the conditions stipulated in clauses 1 to 4 inclusive of article 3 of this Decree. In the case of foreigners prescribed in sub-clause (e) of clause 1 of this article, the spreadsheet with the list of foreign employees must be provided to the Department of Labour within a time- limit of thirty (30) days after the date on which such employees commenced working.


You can find more information in the DECREE ON EMPLOYMENT AND ADMINISTRATION OF FOREIGNERS WORKING IN VIETNAM No. 34/2008/ND-CP.

I can imagine that they don't see your case that often so they don't think it legal.

Here is the Vietnamese version from the official law

http://moj.gov.vn/vbpq/Lists/Vn%20bn%20 … temID=6295

You can print it out and go and show it to Nguyen Du (the immigration office)

However, it is a bit tricky technically.

Officially, you need to have temporary residency permit before you can apply for the permanent one.
However, the temporary residency permit does not mention your case, but the permanent one does mention your case!!!

Here is the procedure for temporary residency from the official version.

http://xnc.congan.com.vn/vietkieu-nuocn … 6250461313

Having said so, since you mentioned you will start working, you can then apply for temporary residency once you have received working permit, then apply for permanent one. Alternatively, apply directly for the permanent residency if they allow it.

Anatta, thank you for passing along this very helpful information.

Some clarification is needed.

1. What is your legal relationship to the boy? (Blood, legal guardian, adoption, etc.): 

2. What is the boys VN citizenship status (in becoming 'American' his status changes until re-instated unless you did som thing);

3. Are you trying to us him as an immigration 'anchor' child? Won't work, here;

4. If you want to 'immigrate' here (technically 'reside') your son's status will have no bearing on you, as a Foreign adult.

5. You should make a 'normal' application and, on your next visit, start on regaining your son's VN nationality. This will give him all the rights and obligations of a VN citizen including possible draft.

6. A 'normal' Residency/Work Permit application requires you bring all your documentation, make copies, have them Certified by the US Consulate here in TP HCM, have the 'consularised' documents translated and notarised by th official agency (one is near the Main Post Office), forms filled in at the Ministry of Justice, fees paid and photograph taken.

The most important document is a print out of the criminal record (hopefully clean) for yourself which you usually get from your State Police. This is a document that will be certified by the consulate.

Your marital status (again a State issuance).

Finally all the documentation supporting your relationship to your son (birth, adoption, etc) as he will be on your application until he regains his VN status.

The confusion about 'immigrating' to VN is, in reality, you are seeking permission to Reside and/or Work here. The process to become a VN citizen is totally separate.

Further confusing things is the legal status of the five cities that have legal status as provinces (Ha Noi, Hai Phong, Da Nang, Ho Chi Minh City and Can Tho). They have additional powers to a normal city.

Of these five cities Ho Chi Minh City has the most experience and the most liberal/generous interpretations of the 'immigration' laws. Hai Phong has the worst reputation, just behind Ha Noi.

It is because of the ability of these five cities to 'interpret, or vary, regulations is where the confusion arises. 'Interpretation' is also aided by bribes.

Jaitch, nothing is easy, nothing is clear.  I simply wish to be with my son daily watching him grow and providing for him.  I do believe he being only 4, too young to separate from his mother i.e take him to the US.

After he was born I took him to the US consulate and applied for a US passport.  The process was not difficult and they were convinced that I am in fact his father without taking dna tests.  I did need to show my passport proving I was in VN 9 month prior to his birth.  They looked at him and me and could see that he is mine, and issued the passport.

Your info confuses me because you make it sound like he is not a citizen of VN?  He is born in Saigon to a Vnese mother therefore what else would I need to do to prove him VNese?

If its best that I just get 3 month visas and return to the US for a week or so I can do this also.  He has his passport and soon his social security card and his passport officially designates him as a US citizen.  One day when he is older, he can migrate if this is his choice.

I do appreciate the help and advice from you and others because to me the issue is simple.  A small boy needs a father to set a foundation early in life.

Don't think it is that complicated or difficult to get a residency here for your case.

You may consider getting a Vietnamese lawyer to make sure you do it right. Shouldn't cost that much, certainly less than a return trip back to the States. Sorry, don't know any to recommend you. Alternatively, you may want to drop by this official office
http://kieubaoviet.vn/

Their role is to assist Vietnamese abroad coming back, so they do give out free advices about the procedures. They do also offer immigration services so you may consider hiring them to do the paperwork for you instead a lawyer or doing it yourself. Anyway, have a free chat with them first.


Concerning the issue of dual citizenship, we have talked about it earlier in this forum. Even the discombobulated Wild1 managed to get one, so there is hope for the rest of us .

Anatta, amazing advice again.  So helpful and kind.

Doublecure wrote:

Jaitch, nothing is easy, nothing is clear.

Now you have added information to your base question the solution is easy.

Come over and apply for a 5-year spousal visa. This allows you admission for 3-month periods but these three month periods can be extended by completing a form. No fee even (unless it has changed)

If they say, having extended many times, you have to leave the country, you simply buy a Mai Linh return ticket to the border. You get stamped out of VN, hang around a few minutes then present yourself back to the VN border gate and get re-admitted.

No need for a Cambodian visa.

A colleague has lived on Spousal Visas for over 7 years and he only left once and that was when his spousal visa expired and he went to PP to get a new one.

Beats me why Immigration couldn't answer the questions you had, next time look for an older (and wiser) Immigration cop.

Jaitch the guy has already stated he's not married. He can't qualify for a Vietnam Exemption Certificate (VEC) based on his 4 year old son. If he was married it would be a different story.

http://www.myvietnamvisa.com/who-are-el … ption.html

Anatta has given him some really good advice. As this situation is not the norm the best thing for him to do is get a lawyer to walk through the process for him at immigration. The other link he provided is also a good source and maybe the best place to start.

http://kieubaoviet.vn/

Doublecure I truly admire what your doing to take care of your son. Very few if any people would be doing it and going to the length you are.

Jaitch FYI the  5 year VEC still runs about a $100.00 and the 3 month extension has been for years $10.00. I'd be curious why your friend would be going to PP to renew a VEC when it can be done in Saigon in less the 7 days.

Anatta wrote:

You may consider getting a Vietnamese lawyer to make sure you do it right. Shouldn't cost that much, certainly less than a return trip back to the States. Sorry, don't know any to recommend you. .

I know a firm named Nguyen Luat, thay can help you get Resident Card and Work Permit. and I think their price is good.

Fee for Temporary Resident Card: 2000000VND
Fee for Work Permit: 3000000VND

You can negotiate to discount about 20% (if you want s.o to help you negotiate the price, I can help). I can not say their service is good or not because I have never use it before, but I think you should contact them to see if they can qualify your need

Their Address:

Trụ sở chính:
19 Đường Số 12, Phường 11, Quận 6, TP. Hồ Chí Minh
Tel  :  (08) 6293 1071
Fax :  (08) 6293 1074
Điểm giao dịch 1:
68/15 Hoàng Diệu, Phường 12, Quận 4, TP.Hồ Chí Minh
Tel  :  (08) 6293 1072
Fax  :  (08) 6293 1074
Điểm giao dịch 2:
Quầy TJ13 An Đông Palza, 18 An Dương Vương, Phường 9, Quận 5, Tp.HCM.
      Tel: 0917874089
Điểm giao dịch 3:
85 Đặng Trần Côn, Buôn Ma Thuột, Đắk Lắk
Tel   :  (0500) 6 252 707
Fax  :  (0500) 6 252 115

Jaitch wrote:

Doublecure wrote:

Jaitch, nothing is easy, nothing is clear.

If they say, having extended many times, you have to leave the country, you simply buy a Mai Linh return ticket to the border. You get stamped out of VN, hang around a few minutes then present yourself back to the VN border gate and get re-admitted.

No need for a Cambodian visa.

Jaitch, I don't think that works anymore. I just tried it last week and they made me show a cambodian exit stamp. Of course I didn't try donating any money to the Border Patrol's widow and orphans fund either.

Parmyd of course it wouldn't work. I wonder why he post things like that.

Budman1 wrote:

Parmyd of course it wouldn't work. I wonder why he post things like that.

Not sure if it ever worked but I figured I'd give it shot anyway considering I only had 2 blank pages left in my passport. I love the 5 yr VEC but it is a pain to have to leave every 90 days.

Parmyd wrote:

Jaitch, I don't think that works anymore. I just tried it last week and they made me show a Cambodian exit stamp. Of course I didn't try donating any money to the Border Patrol's widow and orphans fund either.

Which gate was that?

Perhaps now you have to buy a Cambodian visa, at the border, immediately exit, then back in to VN.

I'll have to warn my colleague.

Jaitch wrote:

Parmyd wrote:

Jaitch, I don't think that works anymore. I just tried it last week and they made me show a Cambodian exit stamp. Of course I didn't try donating any money to the Border Patrol's widow and orphans fund either.

Which gate was that?

Perhaps now you have to buy a Cambodian visa, at the border, immediately exit, then back in to VN.

I'll have to warn my colleague.

It was the Moc Bai border crossing. I had heard they use to allow you to just reenter, but evidently no longer unless I just got the lady who was having a bad day.

Your son can't qualify your residence papers until he is 18 years old and has a pernament residence card.
It's ridiculous but few ways to stay here is:
- own or share a company here.
- get a working permit requested by your employer to the VNese authorized office.
- One active and popular way is a 3m multentry visa. With it, you can stay without the need of flying out VN for up to 9 months (3 months & 2 times visa extended). Hard to get it now due to new visa policies. But some agents can manage it (!!?), though.
Hope everything go smooth for you and your kid.

nhung.ebox wrote:

Your son can't qualify your residence papers until he is 18 years old and VNese citizenship.
It's ridiculous but few ways to stay here is:
- own or share a company here.
- get a working permit requested by your employer to the VNese authorized office.
- One active and popular way is a 3m multentry visa. With it, you can stay without the need of flying out VN for up to 9 months (3 months & 2 times visa extended). Hard to get it now due to new visa policies. But some agents can manage it (!!?), though.
Hope everything go smooth for you and your kid.

It can't be right. The law does not say that the son has to be over 18 years old. It says "a Vietnamese citizen living in Vietnamese on a permanent (i.e.long-term) basis"

Investing or having working permit only allows you to apply for temporary residency, not permanent while being a parent of a Vietnamese citizen allows you to have a permanent residency (but not necessary a temporary one, as I mentioned earlier)

Thank Anata. You are right for the part about citizenship. Doublecure's son needn't Vietnamese citizenship, just need a pernament card, which he can obtain easily thanks to the mother - child relationship.

Anatta as always, talks me off the ledge when I feel this is all overwhelming and senseless. I will work this out one way or the other.  I do need to say the info given to me in this forum has been eye opening and more than helpful to me.  It's nice knowing there are people willing to take time to pass along maybe the most important asset they have, their knowledge.

Anatta has given me names, addresses, tele etc to begin with when I return late this month.  I am sure all will be Tet mode but I can wait until post Tet to get down to business.

That being said I am going to ask an off the wall question because I have always been known as the person that looks at problems in a different way.  The question is:  Are there any companies that hire US, UK, Aussies as lets say sales consultant thereby providing the necessary invite to quality for 3 year residency?  I am thinking there could be a way to keep it legal while providing an amazing service for many people looking for a solution to this problem.  My upcoming teaching job does not offer me this even though the company is extremely will known I am agreeing to a 6 month course for working with management employees.

What do you think of this idea?

Finding a good job is always the most difficult issue. I don't know of any foreigner working as sale consultants. Advisers yes. Like consultants for families wanting to send their kids abroad (big business here).

Otherwise, English teaching is the most common profession. For other profession, you need to ask yourself why companies want to hire you instead of the locals who can be had more cheaply and easily: unique skills and competencies? connections?

do you still need the temp residence card? i just got mine. i m from singapore . its for 2 years

anatta , whats big business here? i wanna learn

What I was referring more to the mumber of kids sent abroad and with them the amount of money spent.
Vietnam ranks 8th among all countries sending young people to study in America, and that is the US alone! The US consulate in Saigon is busy processing student visas to tens of thousands per year.

Yes Jason I do still want it.  Why do you ask?  Did you find a way to get it done without all the drama?

I'm also looking for permanent residency here. I live in Vung Tau and this is my first time seeing this forum. Seems to be very active.
I have 5 year exemption already but want something well, a little more permanent. I am from the US and have been married in Vietnam for 3 years now and we have 1 son who is 2.

Welcome to the site. Here's a link that has alot of Q & A's about the subject. Might want to go through the posts:


https://www.expat.com/forum/219-3-visas-vietnam.html

i think just go through the agent, it cost me 16 million dong for 2 yrs... is it good or...wat??

I think the 5 year VEC is better, a whole lot less restrictions than the 2 year temp res pmt