• Insights

Amendments to Immigration Law and Labor Code Forthcoming

December 20, 2019

insight-news-default

Country / Territory

  • VietnamVietnam

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

The situation

The government has proposed amendments to Vietnam’s immigration law that ease rules regarding durations of stay and other regulations that would come into effect on July 1, 2020. Additionally, a new Labor Code that imposes certain rules covering foreign workers in Vietnam will come into effect on January 1, 2021.

A closer look

Proposed Immigration Amendments
Key change Current rule Impact

In-country change of status for certain foreign nationals.

  • Foreign employees who enter Vietnam under an e-Visa may be allowed to change their visa category in country once they have obtained a valid Work Permit, or a valid Work Permit Exemption Certificate (WPEC).

  • Parents, spouse, and children of Work Permit/WPEC holders will be allowed to change their visa category in country.

  • Foreign investors or representatives of foreign organizations that invest in Vietnam may be allowed to change their visa category in country depending on the purpose of their stay.

Currently, there is no in-country change of visa category for foreign nationals in most cases. Foreign nationals must exit Vietnam and re-enter with the correct category of visa.

More foreign nationals will be able to change their status without leaving Vietnam, making it easier to transition to long-term visa status.

 

At this point, there is no specific guidance regarding the requirements or the visa categories which may be eligible for the in-country visa status conversion.

Elimination of cooling-off period for visa-exempt foreign nationals.

Foreign nationals who enter Vietnam under unilateral visa waiver status will no longer be subject to the 30-day cooling-off period between the last exit date and the next entry date.

Unilaterally visa-exempt foreign nationals cannot enter Vietnam for 30 days after they last left the country.

Unilaterally visa-exempt foreign nationals (those from Belarus, Denmark, Finland, France, Germany, Italy, Japan, Korea, Norway, Russia, Spain, Sweden, and the United Kingdom) will not have to wait 30 days after they leave Vietnam to enter again, making it possible to re-enter more often.

Longer validity for investors.

Foreign investors in Vietnam will be granted a Visa/Temporary Resident Card (TRC) with up to 10 years’ validity, depending on the investment amount.

Currently, a Visa/TRC for foreign investors is only granted for up to five years.

Foreign investors will be eligible for a longer stay in Vietnam than is currently allowed, depending on the investment amount.

 

New Labor Code
Key change Current rule Impacts

More restrictions for Work Permit-exempt foreign nationals.

Restrictions will be introduced for foreign owners or capital-contributing members of a limited liability company, and for the chairman of the Board of Directors or a member of the Board of Directors of a joint stock company, who are Work Permit-exempt. Such foreign nationals will need to contribute an amount that will be announced in the upcoming Decrees and/or Circulars to be eligible for the Work Permit exemption.

Currently, limited liability company members and others that will become subject to the restrictions are not subject to a minimum contribution amount to their company to be eligible for a Work Permit exemption.

It will become harder to qualify for the Work Permit exemption for foreign owners or members of a limited liability company (and others mentioned in the law) in Vietnam, as they will be subject to a new minimum contribution amount.

New Work Permit exemption for foreign nationals married to Vietnamese nationals.

Foreign nationals married to a Vietnamese national who lives in a Vietnamese territory will become eligible for a Work Permit exemption.

Foreign nationals married to a Vietnamese national are currently not Work Permit exempt. 

It will be easier for eligible foreign nationals married to a Vietnamese national to work in Vietnam as they will not need to undergo the Work Permit application process, which can take at least 12-14 weeks.  However, it is likely that they will still need to apply for the Work Permit Exemption Certificate.

Limitation on  Work Permit extensions.

Work Permit holders will only be able to extend their Work Permit for a maximum duration of two additional years.

There is currently no restriction on the number of times a Work Permit can be extended.

It is expected that the upcoming implementing Decrees and Circulars will clarify if this change means foreign nationals may only work in Vietnam for a maximum of four years (i.e., the initial two years plus an additional two years’ extension), or if they will need to apply for a new Work Permit after they have completed the one-time extension.

 

Impact

The proposed immigration law amendments are likely to provide more flexibility for foreign nationals and save costs for companies. This demonstrates the government’s continued aim to welcome foreign nationals to Vietnam and promote economic development within the country.

Background

The below depicts the history and future plans for the proposed amendments and new labor law:

Looking ahead

It is expected that Decree and Circulars implementing the Labor Code will be issued in 2020. Fragomen will issue an alert with more information when they are published.

We worked closely with Resident Vietnam in Vietnam to prepare this alert. It is for informational purposes only. If you have any questions, please contact the global immigration professional with whom you work at Fragomen or send an email to [email protected].

Country / Territory

  • VietnamVietnam

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Explore more at Fragomen

Media mentions

Business Insider: The Winners and Losers of the New H-1B Era

Partner Catherine Macris discusses how evolving H-1B policies are shaping employers’ ability to recruit foreign talent, particularly in highly specialized fields.

Learn more

Awards

Fragomen Professionals and Employee Network Shortlisted for 2027 TLC Lions Human Awards Europe

Two Fragomen professionals and our BeYou@Fragomen employee network have been shortlisted for the 2027 TLC Lions Human Awards Europe, recognising their contributions to inclusive leadership and a people-centred workplace culture.

Learn more

Awards

Fragomen’s Worldwide Immigration Trends Report 2026 Wins at the FEM EMEA EMMAs

Fragomen is honored with the 2026 FEM EMEA EMMA in the "Thought Leadership - Best Survey or Research Study of the Year" category for its 2026 Worldwide Immigration Trends Report. 

Learn more

Media mentions

Law360: How A New Case Redefines The Birthright Citizenship Battle

Partner Daniel Pierce and Senior Associate Daniel D. Schaeffer examine US birthright citizenship challenges and the implications of recent court rulings for nationwide relief in immigration litigation.

Learn more

Video

What Is ESTA? Five Common Mistakes to Avoid When Traveling to the US

Los Angeles Partner Emily Allen explains what ESTA is, who may be eligible under the US Visa Waiver Program and five common mistakes travelers should avoid when visiting the United States for business or tourism.

Learn more
Generic Insights

Fragomen news

Case Study: Securing a Positive Outcome in a Complex Adult Dependent Relative Appeal

Fragomen supported an Adult Dependent Relative applicant through a complex appeal, using coordinated medical and social care evidence to demonstrate his holistic care needs before the Home Office withdrew its refusal and indicated that the application would be granted.

Learn more

Blog post

Moving Talent, Moving Families: Navigating Family Reunification in Europe

Senior Manager Andreia Ghimis and Senior Immigration Consultant Louise Farren explore how family reunification rules across Europe can affect international moves and why employers should assess family eligibility, immigration requirements and likely timelines alongside an employee’s work authorization.

Learn more

Media mentions

Business Insider: How Would the $70,000 Fee on International Students Working in the US Impact Schools and Grads? 2 Lawyers Break It Down.

Partner Aaron Blumberg discusses how a proposed $70,000 fee for international students seeking US work authorization could affect students, universities and employers.

Learn more

Blog post

How to Qualify for Permanent Residence and Polish Citizenship

Poland Immigration Strategy Director Tomasz Rogala and Senior Associate Tomasz Rdzanek outline the principal pathways to permanent residence and Polish citizenship, including key residence, language and income considerations and potential future reforms.

Learn more

Fragomen news

Comment on USCIS Mandatory Electronic Filing RuleLearn more

Fragomen news

Fragomen Collaboration Selected as 2026 European Labour Authority Good Practice

Fragomen, together with SICPA and Deutsche Rentenversicherung Bund, has been selected by the European Labour Authority as a 2026 Good Practice for an EU-funded WE BUILD use case exploring how digital identity solutions could help transform PD A1 processes and support cross-border labour mobility in Europe.

Learn more

Media mentions

The Caterer: Right to Work Scheme: Have You Carried Out Checks on Temporary Staff?

Senior Manager Louise Senior highlights how expanded UK right to work requirements will affect hospitality businesses using temporary and contingent workers.

Learn more

Media mentions

Business Insider: The Winners and Losers of the New H-1B Era

Partner Catherine Macris discusses how evolving H-1B policies are shaping employers’ ability to recruit foreign talent, particularly in highly specialized fields.

Learn more

Awards

Fragomen Professionals and Employee Network Shortlisted for 2027 TLC Lions Human Awards Europe

Two Fragomen professionals and our BeYou@Fragomen employee network have been shortlisted for the 2027 TLC Lions Human Awards Europe, recognising their contributions to inclusive leadership and a people-centred workplace culture.

Learn more

Awards

Fragomen’s Worldwide Immigration Trends Report 2026 Wins at the FEM EMEA EMMAs

Fragomen is honored with the 2026 FEM EMEA EMMA in the "Thought Leadership - Best Survey or Research Study of the Year" category for its 2026 Worldwide Immigration Trends Report. 

Learn more

Media mentions

Law360: How A New Case Redefines The Birthright Citizenship Battle

Partner Daniel Pierce and Senior Associate Daniel D. Schaeffer examine US birthright citizenship challenges and the implications of recent court rulings for nationwide relief in immigration litigation.

Learn more

Video

What Is ESTA? Five Common Mistakes to Avoid When Traveling to the US

Los Angeles Partner Emily Allen explains what ESTA is, who may be eligible under the US Visa Waiver Program and five common mistakes travelers should avoid when visiting the United States for business or tourism.

Learn more
Generic Insights

Fragomen news

Case Study: Securing a Positive Outcome in a Complex Adult Dependent Relative Appeal

Fragomen supported an Adult Dependent Relative applicant through a complex appeal, using coordinated medical and social care evidence to demonstrate his holistic care needs before the Home Office withdrew its refusal and indicated that the application would be granted.

Learn more

Blog post

Moving Talent, Moving Families: Navigating Family Reunification in Europe

Senior Manager Andreia Ghimis and Senior Immigration Consultant Louise Farren explore how family reunification rules across Europe can affect international moves and why employers should assess family eligibility, immigration requirements and likely timelines alongside an employee’s work authorization.

Learn more

Media mentions

Business Insider: How Would the $70,000 Fee on International Students Working in the US Impact Schools and Grads? 2 Lawyers Break It Down.

Partner Aaron Blumberg discusses how a proposed $70,000 fee for international students seeking US work authorization could affect students, universities and employers.

Learn more

Blog post

How to Qualify for Permanent Residence and Polish Citizenship

Poland Immigration Strategy Director Tomasz Rogala and Senior Associate Tomasz Rdzanek outline the principal pathways to permanent residence and Polish citizenship, including key residence, language and income considerations and potential future reforms.

Learn more

Fragomen news

Comment on USCIS Mandatory Electronic Filing RuleLearn more

Fragomen news

Fragomen Collaboration Selected as 2026 European Labour Authority Good Practice

Fragomen, together with SICPA and Deutsche Rentenversicherung Bund, has been selected by the European Labour Authority as a 2026 Good Practice for an EU-funded WE BUILD use case exploring how digital identity solutions could help transform PD A1 processes and support cross-border labour mobility in Europe.

Learn more

Media mentions

The Caterer: Right to Work Scheme: Have You Carried Out Checks on Temporary Staff?

Senior Manager Louise Senior highlights how expanded UK right to work requirements will affect hospitality businesses using temporary and contingent workers.

Learn more
Fragomen.com home
Select Language
  • English
  • French
  • French - Canadian
  • German

Select Language

  • English
  • French
  • French - Canadian
  • German
ContactCareersMediaClient Portal
Search Fragomen.com
  • Our Services
    For EmployersFor IndividualsBy IndustryCase Studies
  • Our Tech & Innovation
  • Our People
  • Our Insights
    Worldwide Immigration Trends ReportsMagellan SeriesImmigration AlertsEventsMedia MentionsFragomen NewsBlogsPodcasts & Videos
  • Spotlights
    Travel and Mobility Considerations: Situation in the Middle EastNavigating Immigration Under the Second Trump AdministrationImmigration Matters: Your U.S. Compliance RoadmapCenter for Strategy and Applied InsightsView More
  • About Us
    About FragomenOfficesResponsible Business PracticesFirm GovernanceRecognition

Our Services

  • For Employers
  • For Individuals
  • By Industry
  • Case Studies

Our Tech & Innovation

  • Our Approach

Our People

  • Overview / Directory

Our Insights

  • Worldwide Immigration Trends Reports
  • Magellan Series
  • Immigration Alerts
  • Events
  • Media Mentions
  • Fragomen News
  • Blogs
  • Podcasts & Videos

Spotlights

  • Travel and Mobility Considerations: Situation in the Middle East
  • Navigating Immigration Under the Second Trump Administration
  • Immigration Matters: Your U.S. Compliance Roadmap
  • Center for Strategy and Applied Insights
  • View More

About Us

  • About Fragomen
  • Offices
  • Responsible Business Practices
  • Firm Governance
  • Recognition
Select Language
  • English
  • French
  • French - Canadian
  • German

Select Language

  • English
  • French
  • French - Canadian
  • German
ContactCareersMediaClient Portal
Important Updates
Important Updates
October 16, 2026 | IndiaIndia: Minimum Salary Level for Employment Visas Significantly Increased
October 16, 2026 | United StatesBusiness Insider: The Winners and Losers of the New H-1B Era
October 16, 2026 | CanadaCanada: Express Entry Changes to Prioritize High-Wage Occupations
October 16, 2026 | European UnionEuropean Union/Schengen Area: Internal Schengen Border Checks Situation
October 16, 2026 | United Kingdom, IrelandFragomen Professionals and Employee Network Shortlisted for 2027 TLC Lions Human Awards Europe
October 16, 2026 | IndiaIndia: Minimum Salary Level for Employment Visas Significantly Increased
October 16, 2026 | United StatesBusiness Insider: The Winners and Losers of the New H-1B Era
October 16, 2026 | CanadaCanada: Express Entry Changes to Prioritize High-Wage Occupations
October 16, 2026 | European UnionEuropean Union/Schengen Area: Internal Schengen Border Checks Situation
October 16, 2026 | United Kingdom, IrelandFragomen Professionals and Employee Network Shortlisted for 2027 TLC Lions Human Awards Europe
October 16, 2026 | IndiaIndia: Minimum Salary Level for Employment Visas Significantly Increased
Subscribe

Stay in touch

Subscribe to receive our latest immigration alerts

Subscribe

Our firm

  • About
  • Careers
  • Firm Governance
  • Media Inquiries
  • Recognition

Information

  • Attorney Advertising
  • Legal Notices
  • Privacy Policies
  • AI Transparency Statement
  • UK Regulatory Requirements

Our firm

  • About
  • Careers
  • Firm Governance
  • Media Inquiries
  • Recognition

Information

  • Attorney Advertising
  • Legal Notices
  • Privacy Policies
  • AI Transparency Statement
  • UK Regulatory Requirements

Have a question?

Contact Us
  • LinkedIn
  • Youtube
  • Instagram
  • Facebook
  • TikTok
  • Twitter

© 2026 Fragomen, Del Rey, Bernsen & Loewy, LLP, Fragomen Global LLP and affiliates. All Rights Reserved.

Please note that the content made available on this site is not intended for visitors / customers located in the province of Quebec, and the information provided is not applicable to the Quebec market. To access relevant information that applies to the Quebec market, please click here.