Can a visa be converted to a different purpose?
My brother-in-law is a foreigner currently in Vietnam on a tourist visa, but he now wants to work for a company here. Can he change the purpose of his visa, or does he have to leave the country and apply for a new visa? This is a question from Mr. Tran Thanh Hai (Nghi Loc commune, Nghe An province).
Reply:According to Clause 11, Article 3 of the Law on Entry, Exit, Transit and Residence of Foreigners in Vietnam 2014, a visa is a document issued by a competent authority of Vietnam that allows a foreigner to enter Vietnam.
Can a visa be converted to a different purpose?
In clauses 4 and 5 of Article 7The Law on Entry, Exit, Transit and Residence of Foreigners in Vietnam 2014 was amended by Clause 2, Article 1 of the Law on Entry, Exit, Transit and Residence of Foreigners in Vietnam, amended in 2019:
Article 7. Form and validity of visas
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4. Visas cannot be converted to other purposes, except in the following cases:
a) Possess documents proving that they are an investor or a representative of a foreign organization investing in Vietnam in accordance with Vietnamese law;
b) Having documents proving the relationship as father, mother, wife, husband, or child with the inviting or sponsoring individual;
c) Being invited or sponsored to work by an agency or organization and having a work permit or confirmation that they are not subject to the work permit requirement as prescribed by labor law;
d) Entry with an electronic visa and a work permit or confirmation that the applicant is not subject to work permit requirements as stipulated by labor laws.
5. In cases of visa purpose conversion as stipulated in Clause 4 of this Article, a new visa with a symbol and validity period appropriate to the converted purpose shall be issued. The procedures for issuing a new visa shall be carried out in accordance with Article 19 of this Law.
Therefore, a visa can be converted to a different purpose in the following cases:
- Possess documents proving that they are an investor or a representative of a foreign organization investing in Vietnam;
- Documents proving the relationship (parent, spouse, child) with the inviting or sponsoring individual;
- Being invited or sponsored to work by an agency or organization and having a work permit or confirmation that they are not subject to work permit requirements according to the law;
- Entry with an electronic visa (E-visa) and a work permit or confirmation that you are not subject to work permit requirements.
Upon changing the purpose of their stay, foreigners will be granted a new visa with a symbol and validity period appropriate to the new purpose, in accordance with the procedures stipulated in Article 19 of this Law.
