The mandatory semiannual reporting deadline for foreign national workers is July 5.

Key Points:

  • Employers must report their use of foreign workers to Vietnamese authorities by July 5.
  • The report must include the use of foreign workers from Dec. 15, 2023, to June 14, 2024.
  • Violations of the established reporting requirement can result in fines for the employer.

BAL Analysis: Companies should ensure that they submit their semiannual report before the deadline to avoid complications or government fines.

This alert has been provided by the BAL Global Practice Group.

Copyright © 2024 Berry Appleman & Leiden LLP. All rights reserved. Reprinting or digital redistribution to the public is permitted only with the express written permission of Berry Appleman & Leiden LLP. For inquiries, please contact copyright@bal.com.

The Vietnamese government recently introduced a new labor market testing requirement for companies requesting approval for foreign labor.

‌Key Points:

  • Companies will be required to complete a job posting on one of the national or provincial dedicated employment service center websites.
    Vietnamese officials issued a decree on Sept. 18 amending and supplementing several articles regulating foreign workers.
  • A part of the decree introduced a new labor market testing requirement that will take effect Jan. 1, 2024.
  • Sponsoring entities will be required to submit a recruitment announcement at least 15 days prior to the request for foreign labor through the new portal.
  • The recruitment announcement must include the position and job title, job description, contact number, qualification requirements, experience, salary, duration and work location.

Background: The Vietnamese government amended Labor Decree 152, which impacts various aspects of the work permit application process. Officials are revising the requirements for foreign experts and technical workers, as well as designating the Department of Labor, Invalids and Social Affairs and the Ministry of Labor, Invalids and Social Affairs as the sole authorities for approving foreign labor permits.

BAL Analysis: Proof of a labor market test is being introduced as a new requirement when recruiting for foreign labor. Employers should be aware of the job posting requirement and consider the process in their 2024 employment strategies.

This alert has been provided by the BAL Global Practice Group.

Copyright © 2023 Berry Appleman & Leiden LLP. All rights reserved. Reprinting or digital redistribution to the public is permitted only with the express written permission of Berry Appleman & Leiden LLP.

IMPACT — MEDIUM

The Vietnamese government implemented changes to its e-visa program effective as of Aug. 15.

Key Points:

  • Authorities are now issuing e-visas to eligible foreign nationals of all nationalities at all ports of entry.
  • Travelers can now request e-visas valid for up to three months and multiple entries. Previously, the country’s e-visas were valid for a single entry of up to 30 days.
  • Passport holders from the visa-exempt countries of Belarus, Denmark, Finland, France, Germany, Italy, Japan, Russia, South Korea, Spain, Sweden, and the United Kingdom are now eligible to stay for up to 45 days. Previously, they were granted only 15-day stays.

Additional Information: More information about these changes is available here and here.

BAL Analysis: Vietnamese officials made these changes to offer travelers more flexibility when visiting the country and to promote tourism development.

This alert has been provided by the BAL Global Practice Group. For additional information, please contact berryapplemanleiden@bal.com.

Copyright ©2023 Berry Appleman & Leiden LLP. All rights reserved. Reprinting or digital redistribution to the public is permitted only with the express written permission of Berry Appleman & Leiden LLP. For inquiries, please contact copyright@bal.com

IMPACT — MEDIUM

The Vietnamese government announced that it will increase the duration of stay for e-visas and for some foreign nationals who are visa exempt.

Key Points:

  • Beginning Aug. 15, individuals who obtain an e-visa will be able to stay in Vietnam for up to three months and be allowed multiple entries.
  • Currently, e-visa holders are only granted single entry into Vietnam and are permitted to stay in the country for up to 30 days.
  • Beginning Aug. 15, duration of stay will be extended from 15 to 45 days for those who hold passports from Denmark, Finland, France, Germany, Italy, Japan, Russia, South Korea, Spain, Sweden and the United Kingdom.

Additional Information: More information regarding the upcoming changes to e-visas and visa exemptions is available here.

BAL Analysis: Vietnamese authorities plan to increase the duration of stay for those who hold e-visas and who are visa exempt to give eligible individuals more flexibility when traveling to the country and promote tourism development.

This alert has been provided by the BAL Global Practice Group. For additional information, please contact berryapplemanleiden@bal.com.

Copyright © 2023 Berry Appleman & Leiden LLP. All rights reserved. Reprinting or digital redistribution to the public is permitted only with the express written permission of Berry Appleman & Leiden LLP. For inquiries, please contact copyright@bal.com.

IMPACT — MEDIUM

The Vietnamese government recently reduced its fees for filing certain immigration processes online.

Key Points:

  • As of Feb. 1, online filing fees for some immigration process decreased by up to 50%, including:
    • Permanent resident registration from 20,000 VND (about US$1) to 10,000 VND.
    • Temporary residence registration and extension 15,000 VND to 7,000 VND.
    • Temporary residence registration and extension by list from 10,000 VND to 5,000 VND.
    • Household splitting from 10,000 VND to 5,000 VND.
  • More information regarding the new online filing fees is available here.

BAL Analysis: Employers should take the new filing fees into account when adjusting their 2023 budgets.

This alert has been provided by the BAL Global Practice Group. For additional information, please contact berryapplemanleiden@bal.com.

Copyright © 2023 Berry Appleman & Leiden LLP. All rights reserved. Reprinting or digital redistribution to the public is permitted only with the express written permission of Berry Appleman & Leiden LLP. For inquiries, please contact copyright@bal.com.

The Vietnamese government has announced its mandatory semiannual reporting deadline for foreign nationals will be Jan. 5, 2023.

Key Points:

  • Employers must report its use of foreign workers to Vietnamese authorities by Jan. 5, 2023.
  • The report must include the use of foreign workers from Dec. 15, 2021, to Dec. 14, 2022.
  • Violations of the established reporting requirement can result in fines for the employer.

Additional Information: Foreign nationals whose work permits are still pending as of Dec. 14, 2022, do not need to be included in the report.

BAL Analysis: Companies should ensure that they submit their semiannual report before the deadline to avoid complications or government fines.

This alert has been provided by the BAL Global Practice Group. For additional information, please contact berryapplemanleiden@bal.com.

Copyright © 2022 Berry Appleman & Leiden LLP. All rights reserved. Reprinting or digital redistribution to the public is permitted only with the express written permission of Berry Appleman & Leiden LLP. For inquiries, please contact copyright@bal.com.

IMPACT – MEDIUM

The Vietnamese government has moved to address concerns about new passports it began issuing earlier this summer.

Key Points:

  • Vietnamese authorities began issuing a new version of the country’s passport on July 1.
  • Following the passport’s introduction, several EU countries, including the Czech Republic, Finland and Germany, barred Vietnamese nationals holding the new passport from entering the country because the passport did not include passport holders’ place of birth.
  • In response, Vietnamese authorities stated that they would add the place of birth in the appendix of passports upon request from the applicant.

BAL Analysis: Vietnamese nationals may face difficulty entering some EU countries if they hold the new version of the Vietnam passport. Those who do not have their place of birth listed on their passport and are intending to travel internationally should work with authorities to have their place of birth added to the new passport.

This alert has been provided by the BAL Global Practice Group. For additional information, please contact berryapplemanleiden@bal.com.

Copyright © 2022 Berry Appleman & Leiden LLP. All rights reserved. Reprinting or digital redistribution to the public is permitted only with the express written permission of Berry Appleman & Leiden LLP. For inquiries, please contact copyright@bal.com.

IMPACT – MEDIUM

Vietnamese immigration authorities are requiring local employees from sponsoring entities to submit visa applications in-person.

Key Points:

  • Vietnamese immigration authorities no longer allow third-party providers to submit an application on behalf of a sponsoring entity even with a power of attorney signed by the sponsoring entity’s authorized signatory.
  • Sponsoring entities must send one of their designated employees to the Immigration Department to submit visa applications.
  • Vietnamese authorities no longer accept visa pre-approval applications with the requirement for visa endorsement “on-arrival” when there is no Vietnamese embassy or consulate in the applicant’s departure country.

BAL Analysis: Employees from sponsoring entities who are submitting visa applications in-person should expect delays when filing an application. Employees should arrive at the Immigration Office before 7 a.m. to ensure the application can be submitted that day. Employers should plan to start the visa application process at least three weeks before the foreign national’s intended travel date.

This alert has been provided by the BAL Global Practice Group. For additional information, please contact berryapplemanleiden@bal.com.

Copyright © 2022 Berry Appleman & Leiden LLP. All rights reserved. Reprinting or digital redistribution to the public is permitted only with the express written permission of Berry Appleman & Leiden LLP. For inquiries, please contact copyright@bal.com.

The Vietnamese government has eased its COVID-19 entry and testing requirements.

Key Points:

  • As of May 15, travelers, regardless of their vaccination status or departure country, do not need a pre-departure COVID-19 test to enter the country.
  • Vietnamese authorities are no longer requiring individuals to have a negative PCR test that was taken within 72 hours before departure.

Additional Information: More information regarding Vietnam’s decision to ease its COVID-19 testing requirements is available here.

BAL Analysis: Entry and health requirements may change with little or no notice. The response to the COVID-19 pandemic continues to develop, and BAL will provide additional updates as information becomes available.

This alert has been provided by the BAL Global Practice group. For additional information, please contact berryapplemanleiden@bal.com.

Copyright © 2022 Berry Appleman & Leiden LLP. All rights reserved. Reprinting or digital redistribution to the public is permitted only with the express written permission of Berry Appleman & Leiden LLP. For inquiries please contact copyright@bal.com.

IMPACT – MEDIUM

The Vietnamese government has resumed its visa-free travel program and reinstated many of its pre-pandemic immigration policies.

Key Points:

  • As of March 15, individuals from Belarus, Denmark, Finland, France, Germany, Italy, Japan, Norway, Russia, South Korea, Spain, Sweden and the U.K. can travel to Vietnam without obtaining a visa.
    • Foreign nationals from these countries can stay in Vietnam for up to 15 days without a visa for any travel purpose, including short-term business trips.
  • Foreign nationals are no longer required to obtain special entry demand approval from the Vietnamese government in order to apply for an entry visa.
  • Foreign nationals are no longer required to quarantine upon arrival.
  • Travelers are still required to have proof of a negative PCR test result taken within 72 hours before departure or a negative antigen test taken within 24 hours before departure. More information regarding COVID-19 entry requirements is available here.

Additional Information: Application processing delays are expected as many immigration department offices continue to work at a reduced capacity.

BAL Analysis: Individuals who are applying for entry visas should expect delays in application processing due to the resumption of pre-pandemic immigration policies and an increase in application volume. The response to the COVID-19 pandemic continues to develop, and BAL will provide additional updates as information becomes available.

This alert has been provided by the BAL Global Practice Group. For additional information, please contact berryapplemanleiden@bal.com.

Copyright © 2022 Berry Appleman & Leiden LLP. All rights reserved. Reprinting or digital redistribution to the public is permitted only with the express written permission of Berry Appleman & Leiden LLP. For inquiries, please contact copyright@bal.com.