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Monthly Archives: June 2020

June 30, 2020

As unlikely as you may think, visa overstay is common not only in Vietnam but also in many other countries in the world. In most cases, foreigners just slip their mind and don’t mean to impeach the Vietnamese law. Unfortunately, there are strict penalties for that kind of absent-mindedness to prevent possible illegal behaviours. 

What Is A Visa Overstay?

When the visa duration granted on your entry has expired but you are still staying in Vietnam and have not submitted an application for extension, you are overstaying your Vietnam visa. It is an act of violation and may result in severe consequences when you can’t come back to the country in the future. 

Penalties for Overstaying Vietnam Visas

Foreign nationals who are living and working in Vietnam, for any reason but do not extend the visa in time, to overstay the visa will be considered a law violation and shall be subject to penalties as follows:

Overstay for less than 3 days without permission from the competent authority:

  • Apply the minimum penalty fee of 500,000VND per day (approximately $23 per day)
  • No need to contact the local Immigration Office
  • Payment to be made at the airport with an exit visa to leave Vietnam

Overstay from 3-15 days without permission from the competent authority:

  • Apply penalty fee of 500,000 VND and 2,000,000 VND
  • Payment to be made at the local Immigration Office in Hanoi or Ho Chi Minh
  • Subject to expulsion and deportation depending on the seriousness of the violation

Overstay for more than 16 days without permission from the competent authority:

  • Apply penalty fee of 3,000,000 VND to 5,000,000 VND
  • Payment to be made at the local Immigration Office in Hanoi or Ho Chi Minh
  • Subject to expulsion and deportation depending on the seriousness of the violation

stay in Vietnam longer than your Vietnam visa’s permitted validity duration or remains in Vietnam with an expired visa

Avoid Overstaying Your Visa Duration

  • Check the expiry date on your visa stamp upon Vietnam arrival

This is helpful to expose the situation where Vietnamese officers stamp the wrong date (usually postdating 1-2 months earlier than the correct date). Make sure you provide straightforward documents so that the officers do not get confused.

  • Note down on your phone or set an alarm for the last date you should leave Vietnam

There are many circumstances where you have to extend your trip, changing the schedule, so it’s easy to forget about the due date of your visa. That’s why a reminder is of the utmost importance to get rid of the potential outcome of overstaying your visa in Vietnam.

  • Estimate your length of stay in case of prolonged trips

If you are about to stay in Vietnam for longer than planned, always estimate the extended dates. When you feel like it’s likely to go close or go beyond the visa expiry date, apply for a visa extension.

What To Do When Your Visa Expire

When you realise you have overstayed your Vietnam visa, it’s crucial to acknowledge the number of overdue dates to come up with an ideal solution. If it’s just 1-2 days, the process is pretty simple. You can pay the fine at the airport on the day of your flight. An exit visa will also be stamped at the airport too.

If your overstay is more than 3 days, you must report to the Immigration Office in Hanoi or Ho Chi Minh as soon as possible. You will need to pay the penalty fee, submit your original passport and other documents like a letter of explanation with proof to apply for an exit visa. It will help rule out the possibility of delay or hold-off at the airport later on.

Should you happen to overstay your Vietnam visa, feel free to contact us for further consultancy. We are always willing to help people in need!

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June 29, 2020

A work permit is an official license for non-native workers to begin their career in Vietnam. However, it’s not necessary for all employee to apply for a Vietnam work permit. Indeed, the current national Labor Code of Vietnam has listed out up to 20 cases where foreigners can get work permit exemption. Without further ado, let’s see if you are exempted from a Vietnam work permit!

Am I exempted from Vietnam Work Permit?

If you are included in one of the following scenarios, don’t submit your application for a work permit in Vietnam. Congratulations, you are eligible for a work permit exemption certificate, of which the process is much faster and far less expensive.

Category 1: Foreigners working at Vietnamese enterprises

  • Being capital contributing members or owners of limited liabilities companies in Vietnam
  • Being members of the Board of Directors of joint-stock companies in Vietnam
  • Entering and staying in Vietnam for less than 03 months to establish a commercial presence
  • Entering and staying in Vietnam for less than 03 months to deal with incidents, complicated technical and technological issues affecting or potentially affecting production and business operations. Those issues can’t be fixed by domestic and foreign experts currently in Vietnam
  • Internal reassignment of 11 service sectors: business, communication, construction, distribution, education, environment, finance, health, tourism, culture, entertainment and transportation
  • Entering and staying in Vietnam to work as a specialist, manager, executive director or technical worker for less than 30 days and an accumulated working period of fewer than 90 days per year

Category 2: Foreigners working at Vietnamese agencies and organizations

  • Being the Head of representative offices, director of projects of international organizations, non-governmental organizations in Vietnam
  • Being a foreign lawyer who has been licensed to practice law in Vietnam in accordance with the Law on Lawyers
  • Other cases subject to International Treaties to which Vietnam is a signatory;
  • Entering and staying in Vietnam to provide professional, technical or other consultancy services or perform other tasks for research, construction, appraisal, assessment, management and execution of programs and projects financed by ODA and in accordance with the International Treaties on ODA between the competent authorities of Vietnam and other countries
  • Being licensed by the Ministry of Foreign Affairs to conduct communications or journalism activities in Vietnam
  • Being volunteers who are certified with foreign diplomatic missions or by international organizations in Vietnam
  • Entering and staying in Vietnam to implement an international agreement signed by a central or provincial agency or organization in accordance with the law
  • Being relatives of members who are performing a function in foreign missions in Vietnam upon the approval of the Ministry of Foreign Affairs, unless otherwise stated in the International Treaties to which Vietnam is a member
  • Having Official Passports to enter Vietnam and work for State agencies, political organizations, socio-political organizations

Category 3: Research and training

  • Being a foreign student or a foreigner worker with the condition that their employer shall notify their employment status to the provincial-level state management agency of labour 7 days in advance
  • Being a student of a school or a training institution in foreign countries, entering Vietnam to do their internship at enterprises, agencies, organizations in Vietnam upon agreements
  • Being appointed by foreign agencies or organizations to Vietnam to teach and do research at international schools under the management of international organizations or foreign diplomatic missions in Vietnam, or being certified to teach and research at educational and training institutions by the Vietnam Ministry of Education and Training
  • Other cases decided by the Prime Minister at the request of the Ministry of Labor

How Can I Get Work Permit Exemption Certificate in Vietnam?

Where to submit my application: Provincial Department of Labor, War Invalids and Social Affairs where the foreigner is expected to work of the Ministry of Labor, War Invalids, and Social Welfare

At which time to submit my application: at least 07 days prior to the expected date to begin the job

Checklist of documents to be submitted:

  • A request to confirm the eligibility of a foreign employee for a work permit exemption (Form 10 issued together with the Circular No. 03/2014/TT-BLĐTBXH)
  • Employee profile including detailed information about his/her full name, age, gender, nationality, passport number, term on employment, job placement
  • Copies of papers (translated into Vietnamese) to prove eligible status for a work permit exemption. 01 copy attached with the original for comparison or 01 notarized copy in accordance with regulations of Vietnam

Processing time: 3 working days of receiving full valid documents

The validity of work permit exemption certificate: 02 years with a one-time renewal

If you are still unclear about whether your profile needs a work permit to work in Vietnam, don’t hesitate to contact us. We will also help you with the application for work permit exemption as well as the conventional work permit in Vietnam.