The cases of foreigner being allowed to change the purpose and visa status while in the Vietnam and no need to exit

The cases of foreigner being allowed to change the purpose and visa status while  in the Vietnam and no need to exit

The cases of foreigner being allowed to change the purpose and visa status while  in the Vietnam and no need to exit was stipulated by sub-Article 7.4 of Law No. 51/2019/QH14 dated November 25, 2019 of the National Assembly on amendments to a number of articles of Law on entry, exit, transit and residence of foreigners in Vietnam passed by the National Assembly on November 25, 2019 and officially effective from July 1, 2020, specifically Vietnamese visa issued to foreigner may be changed the purpose and visa status while  in the Vietnam and no need to exit in the following cases:

1. Foreigner presents document proving to be an investor or a representative for foreign organization investing in Vietnam as per the law of Vietnam;

 In this case, if the foreigner previously used a tourist visa (DL), relative visitor visa (TT), work visa (LD, LD 1, LD 2), business visa (DN, DN1, DN2) etc. when available documents proving that the investor or the legal representative of the company (stated on the business registration, investment registration certificate, etc.) is allowed to change the visa purpose in accordance with the present position and role.

2) Foreigner presents document proving his/her relationship with person inviting or sponsoring in terms of parents, spouse, children;

 In this case, the inviting or sponsoring individual means that it includes an individual holding Vietnamese nationality or a foreigner who has a visa in Vietnam in accordance with regulations, can change the visa purpose and status for a his her relative.

3)Foreigner is invited or sponsoring by agencies or organizations and presents work permit or confirmation of eligibility for work permit exemption according to labor laws;

 This case means that that a foreigner has previously been invited and sponsored by the company to work for the company without a work permit or without applying for a work permit exemption with the business visa denoted as DN, DN1 can be changed to a work visa (including temporary residence card) denoted LĐ 1, LĐ2.

4) Foreigner makes entry by electronic visa and presents work permit or confirmation of eligibility for work permit exemption according to labor laws.

 Foreigner of 80 countries and territories who enter Vietnam with an electronic visa (Visa EV) with a period of 30 days upon obtaining a work permit or confirming the exemption of a work permit are allowed to change the visa purpose and status from electronic visa (EV visa) to a work visa (or temporary residence card) with the symbol LD 1, LD 2 as prescribed.

Note: In case a foreigner is allowed to change visa purposes and status as mentioned above, he/she no need to exit and shall be issued with a new visa with number and time limit suitable with the new visa  purpose and status.

LAWYER VIETNAM LAW FIRM- Vietnamese Lawyers