Foreign companies with operations in Vietnam have two choices when it comes to employment: hiring local workers and personnel relocation. The second option implies obtaining an intra-company transfer (ICT) visa. This is another type of work permit available to certain categories of foreign employees.
Below, our Vietnamese lawyers explain the conditions under which this type of visa is issued. We are at your disposal with various services, among which setting up a foreign-owned business and hiring local or overseas workers, including employee relocation.
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The Vietnamese intra-company transfer visa
The ICT visa is the simplest way for employee relocation to Vietnam as it was specifically designed for overseas personnel coming to the local headquarters of foreign business operating here. However, it is important to note that it only covers specific officers that can move to Vietnam for a limited period of time. For all other remaining situations, the work permit and residence visa for Vietnam is the recommended pathway to hire foreign people.
Foreign businesses can operate through branches, subsidiaries, and representative offices in Vietnam, therefore, these are the entities the personnel relocation visa is valid for.
Who qualifies for employee relocation to Vietnam under the ICT visa?
Personnel relocation is available for the following category of employees:
- managers;
- executive officers;
- experts and highly-skilled personnel/technicians.
Apar from that, there are also other requirements to meet by the foreign company, the Vietnamese entity, and the transferred employees.
If you need assistance in transferring employees to Vietnam, our lawyers are at your disposal with support in applying for the necessary visas.
Personnel relocation to Vietnam – Conditions for the transferred employees
The Vietnamese Labor Code is very strict about the requirements for foreign employees working here. However, the ICT is a special type of visa, as it aligns with similar permits obtained in countries all over the world. This is advantageous because foreign companies will have a sense of reciprocity when dealing with personnel relocation.
Here is what the Vietnamese law provides for the personnel that qualifies for the intra-company transfer visa:
- no matter the job title, the foreign employee must have worked with the foreign company at least 12 months;
- through manager, the transferee can be a business owner, a president or board member in the foreign company, a director or hold any other decision-making position;
- an expert is a person that has 3 or 5 years of experience on a similar position in Vietnam, depending on his/her qualifications or certifications;
- a technical worker is a person who has been trained at least one year for the respective job and has 3 years of experience on such a position;
- alternatively, he or she must have at least 5 years of experience on a similar position in Vietnam.
Our law firm in Vietnam is at the service of foreign business owners interested in employee relocation procedures.
Employee relocation procedure in Vietnam
The Vietnamese enterprise must apply for the intra-company transfer visa with the Ministry of Labor in Vietnam. For this purpose, it must gather various documents in accordance with the category of employee to be transferred and file them. The visa is issued in approximately 5 to 10 business days.
Please note that for certain categories of employees, ICT visa exemptions apply.
If personnel relocation to Vietnam is one of the matters you are interested in and need support, contact our immigration lawyers. They can help you apply for both ICT and work visas. Our accountants in Vietnam are also at your service for payroll matters.