Therefore, I would like to know if it is possible to convert a tourist visa to a work visa to legalize employment and extend my stay in Vietnam.
Reader David
Lawyer Pham Thanh Huu from the Ho Chi Minh City Bar Association provided the following consultation regarding David’s inquiry about changing his visa status:
It is possible for a foreigner holding a tourist visa (DL) to convert it to a work visa (LD1, LD2) in Vietnam, provided certain conditions are met. This conversion is crucial because using a tourist visa for employment is prohibited, and any work performed under a tourist visa is considered illegal.
A tourist visa, designated DL, has a maximum validity of 90 days, but the maximum stay in Vietnam cannot exceed 30 days. Its sole purpose is for holidays and sightseeing within Vietnam. To work legally in Vietnam, a foreigner must change the purpose of their stay from tourism to employment.
Work visas are categorized into two types: the LD1 visa, issued to foreigners working in Vietnam who are confirmed not to require a work permit, except where international treaties to which Vietnam is a member state provide otherwise; and the LD2 visa, issued to foreigners working in Vietnam who are required to have a work permit. These work visas have a maximum validity of two years.
A tourist visa (DL) can be converted to a work visa (LD1, LD2) if one of the two following conditions applies:
- The individual is invited or sponsored by an agency or organization to work, and possesses a work permit or confirmation of exemption from a work permit, as stipulated by labor laws.
- The individual entered Vietnam with an e-visa and possesses a work permit or confirmation of exemption from a work permit, as stipulated by labor laws.
These regulations are outlined in Article 7 and Article 8 of the Law on Entry, Exit, Transit, and Residence of Foreigners in Vietnam.
