1. OVERVIEW OF THE LEGAL FRAMEWORK FOR VISA AND PRINCIPLES OF STATE MANAGEMENT

1.1. The shift of the legal basis in the new context

Entering 2026, the management of entry and residence of foreigners in Vietnam is no longer merely administrative procedures at the border but has developed into a synchronized policy system, closely linking three pillars: national security control, labor market regulation, and social security assurance. The current legal corridor is built on the dialectical interaction between the Law on Entry, Exit, Transit, and Residence of Foreigners in Vietnam of 2014, as amended and supplemented by Law No. 51/2019/QH14 and Law No. 23/2023/QH15, along with the specialized legal system. Notably, Decree No. 219/2025/ND-CP dated August 7, 2025, of the Government, a document that completely replaced the old regulations to establish new standards for labor licensing. Besides that, the 2024 Law on Social Insurance and Decree No. 158/2025/ND-CP for the first time stipulate mandatory financial obligations tied to the legal residence rights of foreign workers, creating a more comprehensive and stringent management network than ever before.

1.2. The principle of entry purpose in visa management

The core and consistent principle in the Vietnamese legal system is the principle of using visas for their correct purpose. Accordingly, a visa is not only an entry permit but also a tool to determine the legal status of foreigners during their stay in the territory of Vietnam. An important legal characteristic to note is that, in principle, Vietnamese visas are not allowed to be converted in purpose. Except for four special cases specified in the Law on Entry, such as already having investment documents, family relationship documents, or having completed labor procedures, any act of using a visa for the wrong purpose is considered a serious violation. A typical example is the use of a tourist visa to work or a small-capital investment visa to evade labor obligations. The legal consequences of this behavior do not stop at monetary fines but also include visa cancellation, forced exit, and inclusion in the restricted entry list in the future.

2. INVESTMENT VISA CATEGORY

The current Law on Entry has established a very clear tiering mechanism for investment visas based on the actual contributed capital scale. This mechanism reflects modern management thinking, aiming to filter foreign direct investment flows, encourage large-scale and high-tech projects, and simultaneously erect technical barriers to limit the phenomenon of taking advantage of the status of small retail investors for illegal long-term residence.

2.1. DT1 and DT2 visas for strategic and large-scale investors

At the highest tier of the classification system are the DT1 and DT2 visas, reserved for investors with strong financial potential. The DT1 visa applies to foreign investors or representatives of foreign organizations with a contributed capital value of 100 billion VND or more, or investing in specially incentivized sectors and geographical areas stipulated by the Government. This is the only group of subjects entitled to the most superior residence mechanism with a visa duration of up to 05 years and, especially, the right to be granted a Temporary Residence Card with a duration of up to 10 years. Immediately following is the DT2 visa, reserved for contributed capital levels from 50 billion VND to under 100 billion VND, with the right to be granted a visa and Temporary Residence Card for a maximum of 05 years. The outstanding preferential treatment in residence time for these two groups aims to create maximum stability for business management operations, helping large investors avoid repeatedly performing administrative procedures, reflecting the “red carpet” policy of the Government of Vietnam.

2.2. DT3 visa for the standard investment segment

 For the majority of small and medium-sized enterprises, the DT3 visa is the most popular type. Applying to a contributed capital level from 03 billion VND to under 50 billion VND, this type of visa allows investors to reside and be granted a Temporary Residence Card with a maximum duration of 03 years. This timeframe is evaluated as suitable for the medium-term business cycle, ensuring a balance between state management needs and convenience for enterprises.

2.3. DT4 visa and micro-investment control mechanism

At the lowest tier is the DT4 visa, applied to investments under 03 billion VND. The most important specific legal point of this type is that the holder is absolutely not granted a long-term Temporary Residence Card. Instead, they are only granted a visa with a maximum duration of 12 months and must compulsorily perform annual extension procedures. This strict regulation acts as a technical filter, forcing small investors to continuously prove the actual operational status of the enterprise, such as fulfilling tax obligations or maintaining a legal business location, thereby preventing the phenomenon of establishing shell companies solely to legitimize residence in Vietnam. Enterprises need to pay special attention to the legal risks here because if a DT4 investor directly participates in daily technical management work without holding a high-level management title, they may still be required to apply for a Work Permit.

3. LABOR VISA CATEGORY

 Labor visas are subject to the concurrent regulation of the law on entry and exit, labor law, and social insurance law. The legality of this visa does not stand independently but depends entirely on the status of the Work Permit and compliance with social security obligations, which are strictly applied from mid-2025.

3.1. LD1 visa and the preferential mechanism of Work Permit exemption

 This type of visa is issued to foreigners working in Vietnam but falling under the category of exemption from Work Permit procedures, provided they have been granted a Written Confirmation of non-eligibility for a work permit by the competent authority. Previously, the group of subjects granted the LD1 visa primarily consisted of Chief Representatives, project managers of international organizations, or non-governmental organizations in Vietnam. However, a major step forward in Decree No. 219/2025/ND-CP is the expansion of the scope of granting LD1 visas to experts working in the fields of high technology, semiconductors, artificial intelligence, and financial experts at international financial centers. This policy aims to remove administrative barriers, attract global talent to key economic sectors, and allow them to reside stably with a duration of up to 02 years without having to undergo the rigorous degree and experience appraisal process as for ordinary workers.

3.2. LD2 visa and mandatory social security obligations

This is the most common form of visa at foreign-invested enterprises, reserved for workers subject to mandatory Work Permit requirements. In the legal context of 2026, the conditions for granting an LD2 visa have undergone significant changes. Professionally, Decree 219/2025/ND-CP has relaxed expert standards, whereby workers only need a bachelor’s degree or higher and at least 02 years of work experience suitable for the intended position, and the degree is not required to perfectly match the training major. This creates great convenience for enterprises in recruiting versatile personnel. However, in terms of financial obligations, the new regulations from July 1, 2025, set stricter requirements. A person holding an LD2 visa with a labor contract of 12 months or more must compulsorily participate in Social Insurance according to the 2024 Law on Social Insurance. The evasion of this obligation by the enterprise or the worker will be considered a violation of local laws. The immigration management agency has the right to request evidence of insurance payment when considering a visa extension.

4. COMMERCIAL AND DIPLOMATIC VISA CATEGORY

In international commercial activities, delineating the boundary between partnerships and labor relations is a key legal factor in determining the appropriate visa type.

4.1. Business Visa and legal boundaries

 The DN1 visa is issued to foreigners entering to work with enterprises and organizations with legal entity status in Vietnam under a partnership mechanism. The legal nature of this relationship is commercial cooperation, including activities such as contract negotiation, auditing, technical sharing, or short-term project implementation supervision. Therefore, enterprises must absolutely avoid using the DN visa as a substitute for a Work Permit. If labor inspectors discover a person holding a DN visa performing salaried work, having a fixed seat, and subject to the daily management and direction of the enterprise, this behavior will be charged as illegal employment of labor. Besides, the DN2 visa serves the purpose of offering services or preparing to establish a commercial presence, with a maximum duration for both types being 12 months.

4.2. Diplomatic and International Organization Visas

 For the diplomatic and non-governmental sector, the visa system is classified in detail to ensure appropriate immunities and privileges. The NG visa is for members of diplomatic missions, consular offices, and representative offices of the United Nations. Meanwhile, NN and LV visas are issued to personnel of international organizations, non-governmental organizations, or those working with Party and Government agencies, with a maximum duration of 12 months.

5. ELECTRONIC VISAS AND VISITING RELATIVES VISAS

5.1. Electronic Visa – A flexible tool of the digital era

 The electronic visa represents a breakthrough in public administration reform, being implemented entirely online, eliminating traditional intermediary sponsorship steps. With an open policy applied to citizens of all countries and territories, an issuance duration of up to 90 days, and multiple-entry validity, the electronic visa has become the optimal tool for market research or short-term work activities. In particular, current laws allow a flexible conversion mechanism where persons entering with an electronic visa have the right to convert to a labor or investment visa right in Vietnam if they meet the conditions for a work permit or investment certificate. This regulation helps enterprises save significant costs and time, without needing personnel to exit and re-enter to change the visa type as before.

5.2. Visiting Relatives Visa and the legal dependency mechanism

The Visiting Relatives Visa has a legal nature of dependency. This means that the validity of a visiting relatives visa does not exist independently but is absolutely tied to the visa validity of the sponsor. In cases where the sponsor loses residence rights, such as when terminating a labor contract or dissolving an enterprise, the visiting relatives visa of the spouse or children naturally expires as well. An important limitation to note is that a person holding a visiting relatives visa is allowed to reside but is absolutely not allowed to participate in the labor market. To work legally, they must compulsorily carry out procedures to apply for a Work Permit or a confirmation of work permit exemption if they are the spouse of a Vietnamese citizen and convert their purpose to a labor visa.

6. LONG-TERM RESIDENCE MECHANISM VIA TEMPORARY RESIDENCE CARD

6.1. Concept and legal validity

The Temporary Residence Card is designated as the most stable and superior form of residence for foreigners in Vietnam within the framework of current law. Legally, this card is valid as a substitute for a visa, allowing the holder to exit and enter an unlimited number of times during its validity period without having to carry out procedures to apply for a new visa or extend the visa each time. Owning a Temporary Residence Card not only maximally simplifies travel procedures but is also an important legal basis for foreigners to conduct civil transactions and administrative procedures locally, such as buying an apartment (for permitted projects), registering a marriage, registering an authenticated telecommunications subscription, or opening a verified bank account.

6.2. Prerequisite conditions for being granted a Temporary Residence Card

To be considered for a Temporary Residence Card, a foreigner must pass a strict dossier appraisal process to ensure legality and appropriateness of the residence purpose. Mandatory conditions include:

First, conditions regarding passports and visas. The passport of the person applying for the card must have a minimum remaining validity of 13 months. This is a mandatory technical regulation because the duration of a Temporary Residence Card is always granted at least 30 days shorter than the remaining duration of the passport. At the same time, the foreigner must be temporarily residing in Vietnam corresponding to the purpose of applying for the card. This means that a person currently using a tourist visa or an ordinary electronic visa (E-visa) will generally not be granted a Temporary Residence Card immediately, except in cases where they have completed procedures for converting the visa purpose as prescribed in Article 7 of the amended Law on Entry (such as already having a work permit or investment certificate).

Second, conditions regarding residence registration. The foreigner must compulsorily have a temporary residence declaration confirmation at the communal or ward police station where they are living. Shortcomings in the temporary residence declaration step are the most common administrative violations causing a Temporary Residence Card application to be rejected or returned.

Third, specific conditions for each target group, namely:

• For Investors: Must have documents proving the completion of capital contribution to the enterprise’s direct investment capital account (bank confirmation or audited financial statements). An important note is that Investors under the DT4 category (contributed capital under 3 billion VND) are not eligible to be granted a Temporary Residence Card but are only granted a visa with a maximum duration of 12 months.
• For Workers: Must have a Work Permit or a Certificate of exemption from work permit with a minimum remaining duration of 12 months. Particularly, in the legal context of 2026, the immigration management agency has the right to request additional evidence of mandatory Social Insurance participation for long-term labor contracts to ensure compliance with the 2024 Law on Social Insurance.
• For Relatives: Must have documents proving the relationship (Marriage Registration Certificate, Birth Certificate…) that have been consularly legalized and notarized translated according to regulations.

6.3. Duration and priority decentralization

 The duration of a Temporary Residence Card is determined based on the original visa symbol, reflecting the State’s priority level for each target group, but must not exceed the remaining validity of the passport. Specifically, DT1 strategic investors enjoy a special mechanism with a card duration of up to 10 years. Next are DT2 large investors and foreign lawyers, who are granted cards for a maximum of 05 years. Meanwhile, DT3 medium investors and Relatives (TT) are granted a maximum of 03 years. For workers (LD1, LD2), the card duration is limited to 02 years, designed to align and synchronize with the validity cycle of the Work Permit.

CONCLUSION

Overall, the visa and residence management system of Vietnam in 2026 demonstrates coherent, strict, and modern legislative thinking. The clear tiering in the investment visa category, along with the tight linkage between labor visas, occupational standards, and social security obligations, requires enterprises and individual foreigners to have profound legal understanding and strict compliance. Correctly determining the visa type right from the beginning not only helps avoid legal risks of administrative sanctions or deportation but is also a prerequisite foundation to establish a stable and sustainable life and business environment in Vietnam.

HARLEY MILLER LAW FIRM

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