Vietnam’s expansion of electronic visa (E-visa) issuance has significantly increased convenience for foreigners entering the country for various purposes. However, in the context of business operations, the use of E-visa by foreigners to work in Vietnam gives rise to numerous legal risks in both immigration and labor aspects.
This article outlines several regulations relating to the use of E-visa in the labor sector, aiming to help enterprises and foreign workers better understand the lawful scope of this visa type and avoid potential risks.
1. Certain regulations on electronic visa (E-visa)
According to Article 7.1 of the Law on Entry, Exit, Transit, and Residence of Foreigners in Vietnam, as amended by Article 1.2 of the 2019 Amending Law (collectively referred to as the “Law on Entry and Exit”), an electronic visa (code EV) is a type of visa issued by competent Vietnamese authorities via electronic transactions, allowing foreigners to enter Vietnam. From this definition, it is understood that the EV code of an electronic visa only represents the method of issuance (via electronic transactions), not the specific purpose of entry. The actual purpose is recorded in detail in the visa application dossier and in the system of the immigration management authority.
Foreigners granted an electronic visa may enter Vietnam for purposes permitted under the law, such as tourism, business, study, visiting relatives, etc., with the statutory duration of an electronic visa is 90 days (Article 9.2 of the Law on Entry and Exit).
2. Use of E-visa by foreigners to work in Vietnam
Under fundamental principles of labor law, one of the basic conditions for a foreigner to work in Vietnam is obtaining a Work Permit or a Certificate of exemption from work permit requirement issued by a competent Vietnamese authority in accordance with labor regulations (Article 151.1(d) of the Labor Code 2019).
According to Article 1.4 of the 2019 Amending Law on Entry and Exit, foreigners who enter Vietnam using an E-visa for a purpose other than employment may still convert their visa purpose to employment if they have obtained a work permit or a certificate of exemption from the work permit requirement in accordance with labor regulations.
However, because an E-visa has a maximum duration of 90 days, some enterprises and foreign individuals have used this visa type for purposes other than employment to come to Vietnam for short-term work, in order to handle urgent tasks and avoid spending time complying with the procedures for obtaining a proper work visa.
This constitutes a violation of immigration regulations, as it results in performing activities inconsistent with the purpose declared in the visa application program.
In this case, a foreigner may be subject to a fine of VND 15,000,000 to 20,000,000 and may be deported from Vietnam (Articles 18.6(b) and 18.8(b) of Decree 144/2021/NĐ-CP).
Accordingly, to ensure full compliance with Vietnamese laws, if a foreigner has already entered Vietnam using an E-visa for a purpose other than employment, both the enterprise and the foreign worker must fully implement the following procedures:
- Obtain a Work Permit or Certificate of exemption from work permit requirement from the competent State authority before the foreigner begins working.
- Convert the visa purpose: After obtaining the Work Permit or the Certificate of exemption, the enterprise must sponsor the foreigner to convert the E-visa into a work visa and apply for a temporary residence card. This conversion procedure is carried out in accordance with the Law on Entry and Exit and must be based on the issued work permit.
Date Written: 20/11/2025
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Disclaimers:This article is for general information purposes only and is not intended to provide any legal advice for any particular case. The legal provisions referenced in the content are in effect at the time of publication but may have expired at the time you read the content. We therefore advise that you always consult a professional consultant before applying any content.
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