Useful Information

Besides the Law on entry, exit, transit and residence of foreigners in Vietnam (Law No. 47/2014/QH13). From July 01, 2020, the Government of Vietnam issued Decree No. 75/2020/ND-CP on detailing a number of articles of the Law on amending and supplementing a number of articles of the Law on entry, exit, transit and residence of foreigners in Vietnam.

Here are some key contents and important notes to help foreign customers better understand the latest provisions of the Immigration Law in Vietnam.

ISSUING VISAS FOR FOREIGNERS ENTERING THE BORDER GATE ECONOMIC ZONE
1.    Foreigner entering the border gate economic zone (under visa exemption) and wishing to go to another location of Vietnam in the form of invitation/guarantee from an authority/organization/individual in Vietnam, the inviting/sponsoring party will carry out procedures for granting a visa to such person at the Immigration Department (or the Ministry of Foreign Affairs) within 5 days.

2.    For citizens of countries that are unilaterally exempted from visas by Vietnam to enter the border-gate economic zones under the visa exemption category and wish to visit other places in Vietnam, the following procedures shall be followed:

•    If he/she has been temporarily residing for less than 15 days, an immigration control entity shall issue expiry stamp on the old temporary residence certification and issue a new temporary residence certification which expires after 15 days from the date of entry.
•    If he/she has been temporarily residing for more than 15 days, adopt procedures for issuance of visa as specified under the above part 1.
3.    In case foreigners entering border economic zones and coastal economic zones under visa exemption according to international agreements to which Vietnam is a signatory whose temporary residence period has expired and wish to visit other destinations of Vietnam, issuance of visas for the foreigners shall conform to the international agreements.

ISSUANCE OF VISA FOR FOREIGNERS WHO HAVE NOT HAD COMMERCIAL PRESENCE OR PARTNER IN VIETNAM TO ENTER VIETNAM ACCORDING TO INTERNATIONAL AGREEMENTS TO WHICH VIETNAM IS A SIGNATORY
Foreigners applying for issuance of visas shall access electronic portal on immigration at the link: https://www.xuatnhapcanh.gov.vn  or https://www.immigration.gov.vn, then perform the following steps:

1.    Fill in the Vietnam visa application form Declare information (Form NA1);
2.    Upload a 4cm * 6cm photo and passport ID page;
3.    Upload documents proving eligibility mentioned under international agreements to which Vietnam is a signatory but has not had commercial presence or partners in Vietnam;
(Note: The documents must be consular legalized, except for cases of consular legalization exemption according to regulations and law of Vietnam or international agreements to which Vietnam is a signatory)
4.    Foreigners use the electronic file code to check the settlement results at the electronic transaction page. In case of entry permit, use the printed electronic file code in response to the request for approval. the entry of foreigners or the official dispatch of the visa application at the international border gate.

Immigration authorities shall consider, process, and respond to applying agencies and the foreigners via electronic portal on immigration within 03 working days from the date on visa application has been received.

* Please refer to the Law on Entry, Exit, Transit and Residence of Foreigners in Vietnam here (Law No. 47/2014/QH13).

Instead of every three months as at present, the revised Labor Code has increased the time for holding periodical dialogues at the workplace to once a year, and at the same time allowed to add some cases of employers must hold dialogues such as because of economic reasons that many workers are at risk of losing their jobs and have to quit their jobs, develop wage scales, wage tables, labor norms, etc. Labor Code 2019 is also approved and takes effect from January 01, 2021, will replace the current Labor Code 2012.

SOME HIGHLIGHTS FOR NOTE:
1. Expand the scope and object of adjustment 
The Labor Code 2019 expands the objects who are workers without labor relations and a number of separate standards.
2. Increase retirement age to 62 years for men, 60 years for women
Article 169 of the new Labor Code stipulates that the retirement ages of employees in normal working conditions shall be gradually increased to 62 for males by 2028 and 60 for females in 2035.
3. National Day is off for 2 days
The revised Labor Code also adds 01 day off in the year on the day adjacent to the National Day, which can be September 01 or September 03 calendar depending on each year. Thus, the total number of annual holidays and New Year's holidays will increase to 11 days, of which: New Year's Day: 01 day; Lunar New Year: 05 days; Victory Day (the 30th of April of the Gregorian calendar): 01 day; International Labor Day (the 1st of May of the Gregorian calendar): 01 day; National Day: 02 days; Hung Kings Commemoration Day (the 10th of the third month of the Lunar calendar): 01 day.
4. No more seasonal labor contracts
The revised Labor Code has removed the content of a seasonal contract or a job with a term of less than 12 months, and replaced it with two types of contracts, which are an indefinite-term labor contracts and definite-term labor contracts.
5. Recognition on the form of electronic labor contract
The new Labor Code has further recognized the form of entering into an electronic labor contract with the same value as a written labor contract.
6. To be able to sign multiple definite-term contracts with the elderly
The Labor Code allows employers to enter into multiple definite-term labor contracts with the elderly instead of extending the term of labor contracts or entering into labor contracts as before.
7. Increase monthly overtime working hours to 40 hours
The number of overtime working hours of an employee must not exceed 50% of the normal working hours in 01 day; if weekly working hours are applied, the total number of normal working hours and overtime working hours shall not exceed 12 hours/day; no more than 40 hours/month; no more than 200 hours/year, except for some special cases where overtime work is not more than 300 hours/year.
8. More cases of personal leave on full salary
In addition to the cases of personal leave with full salary as previous (marriage: 3 days off; marriage of child: 1 day off; death of his/her parent, death of his/her spouse’s parent: 3 days off, etc.), Article 115 of the new Labor Code has added the case where the death of adoptive parent.

9.The employee is entitled to unilaterally terminate the contract without reason
The Labor Code 2019 allows employees to have the right to unilaterally terminate the contract without reason, with just gives 30 days' notice for definite-term contracts and 45 days for indefinite-term contracts.
10. Being able to authorize others to receive salary
In case the employee cannot receive the salary directly, the employer can pay the salary to the person legally authorized by the employee.
11. Paying salary via bank
Employer must pay account opening fees: The new Labor Code stipulates that payment of fees related to account opening and remittance fees is a mandatory responsibility of the employer.
12. It is forbidden to force employees to spend their salaries on goods and services of the company
The new code stipulates that employers must not restrict or interfere their employers’ spending of their salaries.
13. Employees can be entitled to "bonus" not only in money:
The concept of "Bonus" for employees is also expanded, which can be money or property or in other forms based on production and business results, the level of work completion of employees.
14. The State does not directly interfere in the salaries of enterprises
Enterprises are allowed to take the initiative in formulating salary scales, wage tables and labor norms on the basis of negotiations and agreements with employees.

15. When paying salary, enterprises must send detailed statements to employees
This Code requires that every time salary is paid, the employer shall provide the employee with a note specifying the salary, overtime pay, nightshift pay and deductions.
16. Periodic dialogue at the workplace once a year

* Please refer to the Labor Code 2019 (Full version) here.

On March 26, 2021, the Government of Vietnam issued Decree 31/2021/ND-CP detailing and guiding the implementation of the Law on Investment 2020 (Law No. 61/2020/QH14) with the scope of adjustment and specific applied objects.

This Decree details and guides the implementation of a number of articles of the Law on Investment 2020 on business investment conditions, business lines and market access conditions for foreign investors; ensure investment in business; investment incentives and support; foreign investment activities; investment promotion; State management over business investment activities in Vietnam and investment abroad.

SOME HIGHLIGHTS FOR NOTE
1.The list of industries and trades with restricted market access for foreign investors is officially promulgated as follows:
•    Foreign investors are not allowed to invest in 25 industries that have not been able to access the market according to the regulations promulgated together with this Decree: Trading in goods and services on the list of goods and services performed exclusively state in the field of commerce, etc.
•    The list of industries and trades with conditional market access for foreign investors includes 59 items. If they choose to invest in industries and trades other than these 84 industries, foreign investors will be entitled to the same market access conditions as domestic investment regulations.

2. Additional objects in the industries eligible for investment incentives include:
•    Investing in research and production of biotechnological products used as food;
•    Manufacturing wooden products; manufacturing artificial boards, including: plywood, jointed boards, MDF boards;
•     Investing in development, operation and management of technical infrastructure works for industrial clusters;
•    Investing in facilities to support gender-based violence prevention in the community for sex workers;
•    Investing in making use of waste heat to generate electricity from building material production facilities in order to save energy and protect the environment, etc.
Currently, the number of industries eligible for investment incentives under the new regulations are: Science and technology, electronics, mechanics, material production, information technology (20 industries and trades); Agriculture (11 industries and trades); Environmental protection, infrastructure construction (23 industries and trades); Education, culture, society, sports, health (09 industries and trades); Other industries and trades(04 industries and trades).
3. Conditions on total downtime of investment projects must not exceed 12 months. In case the time limit expires from the date of shutdown, the investment registration agency shall terminate or terminate part of the operation of such investment project.
4. Terminating the operation of an investment project in case the investor conducts investment activities on the basis of fake civil transactions in accordance with the civil law; Termination of operation of investment projects according to court judgments, decisions or arbitration awards

WHAT SHOULD INVESTORS DO TO AVOID RISKS?
Foreign investors need experts and lawyers good at economic and market law because these are the best risk managers who will advise investors to avoid possible risks.
•    Learning from market history: Investors need to be flexible in their portfolios and portfolios need to be diversified, not just focusing on one area. One of the most successful and painless ways is to learn from the history and experience of previous generations to create realistic expectations for your investments. Price fluctuations can happen every year, but the reality is that it won't be repeated in the long run.
•    Determining the investment time: Successful investors always know how to determine the investment time before implementation because clearly defining the investment time will help investors decide where to invest in to fit their goals.
For the State, the State’ authorities in Vietnam have also implemented policies and measures to limit risks for investors. Specifically, on April 26, 2016, the Multilateral Investment Guarantee Agency (MIGA) and the State Bank of Vietnam (SBV) coordinated to organize a seminar on "Solution to reduce risks for investment projects in Vietnam”.
According to Ms. Karin Finkelston, Vice President of MIGA, strengthening guarantee policies for investment projects as well as other guarantee organizations and companies will help investment projects in Vietnam avoid risks in foreign and local currency conversion, overcome limitations in capital movement abroad, and limit risks when breaking contracts.

* Please refer to the Law on Investment 2020 (Law No. 61/2020/QH14) here.

In the context of the complicated situation of the COVID-19 epidemic in the world, going abroad still has many risks such as infection during travel, The quarantine period may be longer than expected, prolonged hospitalization in Vietnamese hospitals, etc. 

Therefore, when entering Vietnam, the person who enters the country and the businesses (legal entities in Vietnam) where the he/she works should be fully aware of these risks, make their own decisions and respond to situations.

SOME POINTS FOR NOTE
At the present time, in order to enter Vietnam, persons entering need to take the following steps:
1.    Apply for and obtain a entry permit before entering from the Vietnamese Government's competent authorities (including the authorities in the provinces and cities);
2.    Apply for and get a TRC (Temporary Residence Card) or a pre-approved visa (only for those who don't have a TRC or a visa);
3.    Take PCR test, etc. and be granted a certificate of negative PCR test results before entry;
4.    Online medical declaration;
5.    Quarantine for 14 days after entry (Note: It may be changed depending on whether vaccinated or not vaccinated);
6.    During the quarantine period specified in item (5) above, persons entering may be taken PCR test according to the prescribed number of times;
7.    Persons entering the country need to continue to monitor their health at home and place of residence for a period of 14 days and do PCR tests, etc.;
8.    In addition, in case the PCR test result after entry is positive, the persons entering will be isolated until he/she recovers at a hospital designated by the Vietnamese Government authorities.

*According to the notice on the website of the Vietnam Immigration Department:
Foreign citizens who entered the country on a visa exemption, entered with an e-visa or a tourist visa from March 01, 2020 until now, will continue to be "automatic extension of temporary residence" until the end of October 31, 2021, they can exit during the above period without having to go through the procedures for extending the temporary residence.

In case of entry before March 01, 2020, if it is proved that they are trapped due to the Covid-19 epidemic, it is confirmed by the diplomatic mission by a diplomatic note (with Vietnamese translation) or a written confirmation of Vietnamese authorities about being isolated, treated for Covid-19 or other force majeure reasons will also be considered for application of "automatic extension of temporary residence" until the end of October 31, 2021 and must present the above Note or written confirmation upon exit."

* Please refer to Dispatch No. 5322/CV-BCD of the National Steering Committee for Covid-19 Prevention and Control here.

According to the Ministry of Labor, War Invalids and Social Affairs, as of the beginning of April 2021, there are 101,550 foreign workers in Vietnam, of which employees holding managerial positions account for nearly 12%, and CEOs are more than 12%. 8% and the largest are experts with 58%.

According to a survey by the Ministry of Labor, War Invalids and Social Affairs on the situation of foreign workers wishing to return to work during the COVID-19 epidemic prevention and control period, most of the workers that businesses are short of are positions of project managers and experts in key projects.

In addition to Decree No. 11/2016/ND-CP, effective from April 01, 2016, detailing the implementation of granting work permits to foreign nationals working in Viet Nam, foreigners who wish to work in Vietnam should take note for the following new points about the issue of work permits:
1.    For an expert position, a foreign worker only needs to meet one of the following two conditions:
•    Has a bachelor’s degree or equivalent or higher qualifications provided that he/she has worked at least 03 years in his/her training field;
•    Has a document certifying that he/she is an expert of an overseas organization or enterprise.
2.    For foreign workers who are managers or executive officers if they meet the following conditions:
•    Managers are persons in charge of managing the companies as regulated in Clause 18 Article 4 of the Enterprise Law or heads or vice-heads of agencies or organizations;
•    Chief executive officers are the heads who directly manage subordinate units of agencies, organizations or enterprises.
3.    The cases exempt from applying for the work permits
•    The foreigners who enter Vietnam to hold the positions of experts, managers, chief executive officers or technicians for a period of under 30 days and an accumulated working period of under 90 days per year, do not need to apply for a work permit;
•    Students who are studying in schools or training institutions in foreign countries execute their practicum at agencies, organizations or companies in Vietnam upon agreements.

In the Decree No. 152/2020/ND-CP and Resolution No. 105/NQ-CP on supporting enterprises, cooperatives and business households in the context of the COVID-19 epidemic newly issued, clearly stated the creation of favorable conditions for workers and experts.
The Ministry of Labor, War Invalids and Social Affairs will direct localities to flexibly and relax some regulations and conditions on the issuance, extension and certification of work permits for foreign workers. in Viet Nam.
Accordingly, the regulations allow foreign workers who have been issued work permits and are still valid to be sent, mobilized or seconded to work in another province or city for a period not exceeding 06 months and the employer must report to the labor management authority where the foreign worker comes to work without having to renew the work permit.

* Please refer to Decree No. 152/2020/ND-CP here.