New Immigration Laws

From what i gather so far, it all depends on how efficient and how well connected your company is.   I have a friend who has been waiting for months for this to get done.

You can get a business visa on arrival very easily using such companies as myvietnamvisa. Getting a work permit transitioned from a B3 may be quicker than doing it by a normal tourist visa.

warlockJN wrote:

From what i gather so far, it all depends on how efficient and how well connected your company is..

Yes it's true. But to make it works, be sure to bring all the required documents with you when you travel to Vietnam, in which the criminal statement is a crucial one. As long as you and your employer have all the stipulated documents, your work permit would be issued within two weeks since its submission. It will take another one week for the 1 year visa issuance after you have the work permit. Again, everything is not too complicated at all as long as you and your employer meet all the requirements. Welcome to VN and best of luck!

virgoks wrote:

But to make it works, be sure to bring all the required documents with you when you travel to Vietnam, in which the criminal statement is a crucial one. As long as you and your employer have all the stipulated documents, your work permit would be issued within two weeks since its submission.

NOTE: All documents issued by Foreign governments are stipulated by the VN Government to have a SIX MONTH validity during the Application process. If this times out before your Application is processed you might well be required to get another CR check - even though have been in VietNam in the interim.

VungTauDon wrote:

You can get a business visa on arrival very easily using such companies as myvietnamvisa. Getting a work permit transitioned from a B3 may be quicker than doing it by a normal tourist visa.

It looks like the January 2015 changes in the law are going to do away with the ability to change visa type in-country.  Details are still sketchy now, until the new rules are put in place.

The good news is they're adding several new categories that sound interesting.  For example, there will be a "Foreign Worker" category with a validity up to 12 months, and TRC up to 2 years.  What's a "Foreign Worker"?  I don't know.

Also, "Student/Interns" category, up to 12 months visa, and TRC up to 5 years.  Does attending Vietnamese language classes qualify one as a student?  What's the definition of an Intern?  Can a foreigner work (for free) part-time for a Vietnamese company, coaching them on their English, and be sponsored as an Intern?

It seems to me the change in the laws are meant to be pro-business more than anti-foreigner. Could be interesting.

...Hi ... the things about new Visa conditions are not still clear but one is clear for sure - you can not change your tourist visa category to work visa without leaving Vietnam. You must leave Vietnam with your tourist visa and get back with your new work visa. In June 14, 2014 Vietnam’s National Assembly revamped the Vietnam immigration system by overhauling visa categories and validity periods, as well as prohibiting conversion of one visa type to another, and setting new entry and exit bans. The new immigration law is scheduled to come into effect by January 1, 2015.

There is still no information about condition and prices for visa extend. There is some rumors that you should leave the country for one month and after that on your arrival you can have your new tourist visa that is valid only for 3 months.

DanFromSF wrote:

It looks like the January 2015 changes in the law are going to do away with the ability to change visa type in-country.  Details are still sketchy now, until the new rules are put in place.

Letting the employer make the arrangements is the easiest thing. Not even lawyers know the finer details - it's all in the regulations.

mrvranic wrote:

...Vietnam’s National Assembly revamped the Vietnam immigration system by...setting new entry and exit bans.

'exit bans'?  https://www.youtube.com/watch?v=y8Kyi0WNg40

mrvranic wrote:

There is still no information about condition and prices for visa extend. There is some rumors that you should leave the country for one month and after that on your arrival you can have your new tourist visa that is valid only for 3 months.

Kind of curious where you're getting this having to leave the country for a month stuff, I've been hearing for a couple of months now that it is no longer necessary to leave after three consecutive 3 month visas and was just quoted $95 (by a reputable agent with somewhat higher than average prices) for a fourth consecutive three month (single entry) visa.

Hi all,

During the course of 3 years I have learned NOT to rely on information coming from anywhere or anyone but the original source: http://moj.gov.vn - Ministry of Justice

Searching documents on this site isn't going to be easy - clicking on 'English' will result in just a few documents, and Google Translate won't help you much either - but if you follow the steps below you will (eventually) get the documents you were looking for.

1. Find out the 'decree number/code' using Google:
- Google for something similar to this: "new law on immigration Vietnam January 2015"
- Changing language to/from Vietnamese/English and adjusting the search term

2. Copy/Paste this code to moj.gov.vn
- Use the decree number/code to search directly on the moj.gov.vn website
- Google for the document like this: decreenumber -allinurl: moj.gov.vn

I have done these steps already and have found decree: 47/2014/QH13
I have put the full decree in English for you online: 47-2014-QH13.doc

Cheers,
Win

@virgoks:
"As long as you and your employer have all the stipulated documents, your work permit would be issued within two weeks since its submission"
Although the labor code does indeed mention that the work permit should be issued within 15 days after submission of the required documents, I think people on this forum are in general more interested in the actual time it took based on user's experiences 

TeacherWin wrote:

During the course of 3 years I have learned NOT to rely on information coming from anywhere or anyone but the original source - Ministry of Justice.

During the course of 22 years here I have learned NOT to rely on information coming from anywhere or anyone since crossing a palm with gold can quickly change the rules.

Jaitch wrote:

...crossing a palm with gold can quickly change the rules.

Undeniable fact - but I wouldn't necessarily rely on it 

TeacherWin wrote:

Jaitch wrote:

...crossing a palm with gold can quickly change the rules.

Undeniable fact - but I wouldn't necessarily rely on it 

He he he... Actually I've found that's about the only thing you can count on here.  If all else fails , throw some cash in the right direction and no more problem.  Seems to work everywhere else on the planet as well.   Sorry old world out there eh.......

Unfortunately we are all whores, ....everyone has there price.

Well actually we cannot say anything at this moment. Tradition in Vietnam is the Law will never applicable. You will need to wait until there is a Decree providing guidance for that Law. And things gonna be stable when there is a Circular providing guidance for the Decree .Circular (Thông tư) will become the most powerful legal document even if it contains some article against the original law.

Interesting is the Circular will provide resolution for all complaints on the law. Finally things not change too much. Life goes on as it was. There is always a way to make everything up (legally, I mean).

Sometimes you even have to use an Official Letter providing guidance for some specific situation if you find that you are facing the same situation but can not find resolution in all documents above.

If you want to know the time frame, you can refer to work permit regulation. Labor Code 2012 took effect on 1 May 2013, Decree 102 providing guidance on work permit took effect on 1 November 2013, Circular 03/2014 took effect on 15 March 2014. So it took 10 months 15 days until everything be clear! While these things are processing, there was a big mess in the labour authority, everything was stuck in their table. It took me 6 months to get a WP for my client at that time!

To OP: sorry for long presentation. I mean, you should hurry up on your paper work. The current law does not require you to go out of the country. The new law in, say, next 10 months, may not require too, but in between, when everything is unclear, the answer maybe YES.

Hi i have had a four extensions on my 3 months single entry  visa, done through a travel agent here in Nha Trang. On the last extension stamp in passport, in the outside corner was placed some initials. I was told by travel agent that meant i can no longer extend my visa.

I would like to know if it is possible in some way to get further extensions without having to leave the country?

Hi,  everyone you speak to has a different opinion on this.  But 4 extensions so far could be the limit. The most they allowed me was 3 extensions of the 3mth single.visa.  I knew a guy here that stayed 2 years by just getting 1 month extensions. He knew a local guy that had contacts.

Apparantly in January they are changing the rules again.  Generally ,most people I know on similar visa usually do a visa run around the 12 mth .  It's good for a change, a few days away seeing something different is always good.

it's true that until now, there is not any decree on guildance or circular about this new law. But, as I read, "A visa may be used one or multiple times and its purpose must not be changed". Your visa will not be change, so you have to verify your purpose before enter Vietnam.

There are 20 new visa categories. It mainly effects people working here.  If someone's on a 3 month renewable visa things won't change much.  The residency cards are only two years now though. Google Vietnam Visa law and you will see articles on it. Vietnam-visa.com has an article on it.

Hi my name is Gene, I,m from Boston, Mass. USA. I,m in my forties but recieve a small pension.  From what I,ve seen and read; and also have talked to people whom have been to Viet Nam; it seems like a visually beatiful place to live. Plus affordable as well. I don,t necessarily want to work there, but would love to live there for around 2 yrs. Particularly in VangTau.  Is it possable to get this sort of visa. Any info would be greatly apreciated.

Hi Gene, I live in Vung Tau. I came to Vietnam on a single entry 3 month tourist visa that I can extend one time so I stay her for six months. I then fly to Bangkok for a couple of days and do the same thing. I think for the visa and extension I paid USD 130.

Best

I'm going to paste this link in this current thread to keep it simple:

http://www.thanhniennews.com/society/vi … 36949.html

There's a few interesting points in the article. Two of which for me is the information on the VEC going from 3 months to 6 months. Can't be sure if that's the extendable  period of just the original issue period. The other point is the approving authority for PRC's now and the TRC's increasing in some cases from 2 to 5 years. I'll find out for sure about the VEC's on the 12th of this month when we take ours to immigration for our next renewal.

Wish I could find the whole thing from the proponent Ministry in English. Not bits and pieces like the above news article or what the visa sellers have on their websites.

Rick

Hi Budman,

Yes, I read that article online today too. It is so hard to find a clear explanation of how the new work permit laws will affect foreign nationals who are already in VN.

I'm here on a B3 visa which will need to be transitioned to a work permit once I secure work.

I just declineda contract b/c the potential employer advised me I could either apply for the WP myself (is this even possible for a foreign national?) or he'd hire an agency to get my WP ... which I would have to pay for myself.

Neither option was viable.

If anyone has news on the in-country WP reversal laws, I'd really appreciate it! Thank you so much.

TeacherWin wrote:

Hi all,

During the course of 3 years I have learned NOT to rely on information coming from anywhere or anyone but the original source: http://moj.gov.vn - Ministry of Justice

Searching documents on this site isn't going to be easy - clicking on 'English' will result in just a few documents, and Google Translate won't help you much either - but if you follow the steps below you will (eventually) get the documents you were looking for.

1. Find out the 'decree number/code' using Google:
- Google for something similar to this: "new law on immigration Vietnam January 2015"
- Changing language to/from Vietnamese/English and adjusting the search term

2. Copy/Paste this code to moj.gov.vn
- Use the decree number/code to search directly on the moj.gov.vn website
- Google for the document like this: decreenumber -allinurl: moj.gov.vn

I have done these steps already and have found decree: 47/2014/QH13
I have put the full decree in English for you online: 47-2014-QH13.doc

Cheers,
Win

@virgoks:
"As long as you and your employer have all the stipulated documents, your work permit would be issued within two weeks since its submission"
Although the labor code does indeed mention that the work permit should be issued within 15 days after submission of the required documents, I think people on this forum are in general more interested in the actual time it took based on user's experiences 

I missed the fact that TeacherWin had already put the full decree on line. Thanks guy.

As I read through it I think that the Type of certificates (VEC) we have now in our passports are designated as "TT"

18. TT - Issued to foreigners that are parents, spouse, children under 18 years of age of the foreigners
issued with LV1, LV2, ĐT, NN1, NN2, UNIVERSITY, PV1, LĐ visas, or foreigners that are parents, spouse, children of Vietnamese citizens"

If That's the case  the new duration of the visa it appears to be 12 months now not the current 3 months:

4. The duration of a NG1, NG2, NG3, NG4, LV1, LV2, DN, NN1, NN2, NN3, DH, PV1, PV2 or TT visa is not
longer than 12 months.

That would be great.

Rick

So reading this...
.2. Foreigners issued with LV1, LV2, ĐT, NN1, NN2, DH, PV1, LĐ, TT visas shall be issued with temporary residence cards with the same symbols

Does that mean if we have the VEC we can get the TRC automatically?

VungTauDon wrote:

So reading this...
.2. Foreigners issued with LV1, LV2, ĐT, NN1, NN2, DH, PV1, LĐ, TT visas shall be issued with temporary residence cards with the same symbols

Does that mean if we have the VEC we can get the TRC automatically?

it means that when you apply for TRC. you can be considered to be issued TRC with the same symbol, not automatically.
TRC is just issued for those who obtain Vietnam work permit, not for VEC owners. because VEC offers the duration of each entry of 90 days, is used for the purpose of visiting relatives in Vietnam.

The duration for the VEC is changing from 90 days to 12 months now.
As it reads "Foreigners issued with LV1, LV2, ĐT, NN1, NN2, DH, PV1, LĐ, TT visas shall be issued with temporary residence cards with the same symbols" I take that to mean we SHALL be issued with a TRC with the same symbol as the visa (VEC is TT)

I wonder how we go about getting the new TRC for this?

KathyBrown1410 wrote:

VungTauDon wrote:

So reading this...
.2. Foreigners issued with LV1, LV2, ĐT, NN1, NN2, DH, PV1, LĐ, TT visas shall be issued with temporary residence cards with the same symbols

Does that mean if we have the VEC we can get the TRC automatically?

it means that when you apply for TRC. you can be considered to be issued TRC with the same symbol, not automatically.
TRC is just issued for those who obtain Vietnam work permit, not for VEC owners. because VEC offers the duration of each entry of 90 days, is used for the purpose of visiting relatives in Vietnam.

That was under the old rules.  Look at the new TT and VR categories can you say which one replaces the VEC?

18. TT - Issued to foreigners that are parents, spouse, children under 18 years of age of the foreigners issued with LV1, LV2, ĐT, NN1, NN2, UNIVERSITY, PV1, LĐ visas, or foreigners that are parents, spouse, children of Vietnamese citizens.
19. VR - Issued to people who come to visit their relatives or for have other purposes.

VungTauDon wrote:

The duration for the VEC is changing from 90 days to 12 months now.
As it reads "Foreigners issued with LV1, LV2, ĐT, NN1, NN2, DH, PV1, LĐ, TT visas shall be issued with temporary residence cards with the same symbols" I take that to mean we SHALL be issued with a TRC with the same symbol as the visa (VEC is TT)

I wonder how we go about getting the new TRC for this?

Don't know but I'll find out next Tuesday when I go to immigration to renew ours VEC's. Still am not sure which category replaces the VEC at this point though. 6 months is good, 12 months would be great.

Hi all

Ahhh, I was told by a potential employer in VN that B3 & C class visas are terminated as of 1 Jan 2015 *if* the holder wants to work. Does anyone know if there's any truth to this?

I would appreciate any feedback b/c there doesn't seem to be much info on this anywhere! Thank you

Budman1 wrote:

KathyBrown1410 wrote:

VungTauDon wrote:

So reading this...
.2. Foreigners issued with LV1, LV2, ĐT, NN1, NN2, DH, PV1, LĐ, TT visas shall be issued with temporary residence cards with the same symbols

Does that mean if we have the VEC we can get the TRC automatically?

it means that when you apply for TRC. you can be considered to be issued TRC with the same symbol, not automatically.
TRC is just issued for those who obtain Vietnam work permit, not for VEC owners. because VEC offers the duration of each entry of 90 days, is used for the purpose of visiting relatives in Vietnam.

That was under the old rules.  Look at the new TT and VR categories can you say which one replaces the VEC?

18. TT - Issued to foreigners that are parents, spouse, children under 18 years of age of the foreigners issued with LV1, LV2, ĐT, NN1, NN2, UNIVERSITY, PV1, LĐ visas, or foreigners that are parents, spouse, children of Vietnamese citizens.
19. VR - Issued to people who come to visit their relatives or for have other purposes.

VEC is issued to (i) foreigners who are spouse, children of Vietnamese citizens or Vietnamese residing abroad or (ii) Vietnamese people living abroad permanently. "Relatives" is a much larger group. For example, grandmother...

My understanding is VEC = TT minus parents of Vietnamese citizen.

And the new Immigration Law has extended people who can apply for a TRC to "foreigners that are parents, spouse, children of Vietnamese citizens". So people under visa TT (VEC and parents of Vietnamese citizen) now can apply for a TRC.

To have a TRC, you will have to submit an application dossier for a TRC, it will not automatically be issued to you. We don't need to confirm with the authority to know this cause that is how the system run, no question. I guess in the near future the Immigration Department will issue a Circular giving new forms/ procedures for people under visa TT to apply for a TRC.

I have got the new information that people who obtain VEC ( the duration of 5 years) is allowed to stay in Vietnam about 6 months (maximum) for each entry, and not extended their staying time.

KathyBrown1410 wrote:

I have got the new information that people who obtain VEC ( the duration of 5 years) is allowed to stay in Vietnam about 6 months (maximum) for each entry, and not extended their staying time.

This is a bit confusing because the VEC is a 5 year Visa. So after 6 months I have to go back to Canada or Cambodia and wait how many months before I'm allowed back in Vietnam? Since the VEC is 5 years I wouldn't need to apply for another VISA.

I did notice when I went to extend my stay another 3 months couple weeks ago they had lots of notices taped on their glass screens. Don't recall seeing this 6 months. Guess I'll find out in March.

What a circus.  Is anyone really surprised by all of this confusion.  Some of these Visa "agents" were wiping tables for a living last week .  It'll all settle down sooner or later, but that doesn't help the person needing an answer now.    Part and parcel of living in a developing country.

Ms Charley wrote:

Hi all

Ahhh, I was told by a potential employer in VN that B3 & C class visas are terminated as of 1 Jan 2015 *if* the holder wants to work. Does anyone know if there's any truth to this?

I would appreciate any feedback b/c there doesn't seem to be much info on this anywhere! Thank you

Dear Ms Charley

In Ho Chi Minh City, if the holder want to reside in Vietnam for working, a Visa B3 of foreigner entered Vietnam before 1 Jan 2015 is acceptable. It will not be terminated cause at law, Visa B3 is for foreigners come to Vietnam for working with Vietnamese businesses, and the Visa was issued before the new Law taking valid.

Upon expiring of this Visa, you can apply for extension of the Visa if the guarantee entity and purpose of entering Vietnam are keeping the same.

VanKhanh Ho wrote:

Ms Charley wrote:

Hi all

Ahhh, I was told by a potential employer in VN that B3 & C class visas are terminated as of 1 Jan 2015 *if* the holder wants to work. Does anyone know if there's any truth to this?

I would appreciate any feedback b/c there doesn't seem to be much info on this anywhere! Thank you

Dear Ms Charley

In Ho Chi Minh City, if the holder want to reside in Vietnam for working, a Visa B3 of foreigner entered Vietnam before 1 Jan 2015 is acceptable. It will not be terminated cause at law, Visa B3 is for foreigners come to Vietnam for working with Vietnamese businesses, and the Visa was issued before the new Law taking valid.

Upon expiring of this Visa, you can apply for extension of the Visa if the guarantee entity and purpose of entering Vietnam are keeping the same.

What about holders of VEC's

Ms Charley wrote:

Hi Budman,

Yes, I read that article online today too. It is so hard to find a clear explanation of how the new work permit laws will affect foreign nationals who are already in VN.

I'm here on a B3 visa which will need to be transitioned to a work permit once I secure work.

I just declineda contract b/c the potential employer advised me I could either apply for the WP myself (is this even possible for a foreign national?) or he'd hire an agency to get my WP ... which I would have to pay for myself.

Neither option was viable.

If anyone has news on the in-country WP reversal laws, I'd really appreciate it! Thank you so much.

Dear Ms Charley

This new Immigration Law does not affect work permit, it affect residence card/ visa only.

Yes you can apply for a work permit yourself provided that you know all the documents and procedures, and the Company will sign and affix by their seal on the documents as well as provide you their notarised copy of its identification documents (business licence, seal sample certificate, tax certificate).

But the fact that kind Company who does not cover work permit application for its employees is suck. You were right when decline them.

Budman1 wrote:

VanKhanh Ho wrote:

Ms Charley wrote:

Hi all

Ahhh, I was told by a potential employer in VN that B3 & C class visas are terminated as of 1 Jan 2015 *if* the holder wants to work. Does anyone know if there's any truth to this?

I would appreciate any feedback b/c there doesn't seem to be much info on this anywhere! Thank you

Dear Ms Charley

In Ho Chi Minh City, if the holder want to reside in Vietnam for working, a Visa B3 of foreigner entered Vietnam before 1 Jan 2015 is acceptable. It will not be terminated cause at law, Visa B3 is for foreigners come to Vietnam for working with Vietnamese businesses, and the Visa was issued before the new Law taking valid.

Upon expiring of this Visa, you can apply for extension of the Visa if the guarantee entity and purpose of entering Vietnam are keeping the same.

What about holders of VEC's

Hi Budman1

What do you want to know exactly?

1. Maximum term of VEC (for spouse of Vietnamese) now, 6 months or 12 months?
2. Can it be extended? How many times maximum?
3. If it cannot be extended and VEC's holders have to leave the country, can they comeback immediately or have to wait for a certain period? How long is that period?
4. When the current VEC with term 3 months expires, can VEC's holders extend it?
5. What is the documents for VEC's holders to apply for a Temporary Residence Card?

Is there any other question? Please let me know then I will check with the immigration authority tomorrow. Please note that I'm in Ho Chi Minh City and my answer may reflect the practice in Ho Chi Minh City only.

VanKhanh Ho wrote:

Budman1 wrote:

VanKhanh Ho wrote:

Dear Ms Charley

In Ho Chi Minh City, if the holder want to reside in Vietnam for working, a Visa B3 of foreigner entered Vietnam before 1 Jan 2015 is acceptable. It will not be terminated cause at law, Visa B3 is for foreigners come to Vietnam for working with Vietnamese businesses, and the Visa was issued before the new Law taking valid.

Upon expiring of this Visa, you can apply for extension of the Visa if the guarantee entity and purpose of entering Vietnam are keeping the same.

What about holders of VEC's

Hi Budman1

What do you want to know exactly?

1. Maximum term of VEC (for spouse of Vietnamese) now, 6 months or 12 months?
2. Can it be extended? How many times maximum?
3. If it cannot be extended and VEC's holders have to leave the country, can they comeback immediately or have to wait for a certain period? How long is that period?
4. When the current VEC with term 3 months expires, can VEC's holders extend it?
5. What is the documents for VEC's holders to apply for a Temporary Residence Card?

Is there any other question? Please let me know then I will check with the immigration authority tomorrow. Please note that I'm in Ho Chi Minh City and my answer may reflect the practice in Ho Chi Minh City only.

Thanks guy that's exactly my questions and except for 5.if possible will Hau Giang be on the same sheet of music as Saigon.

Thanks VanKhanh Ho.  All 5 questions are my concerns but #3 is very important to me.

My VEC 3 months expires this March at which point I'm heading bact to Canada for couple months. I need to be back in Vietnam before July to witness the birth of my baby. So hopefully I   will be allowed back to Vietnam.