Statutory Eligibility for Visa Purpose Conversion & Work TRC (LD2) Issuance
Converting from a business visa (such as DN1, DN2, or E-visa) to a long-term Work Temporary Residence Card (TRC Category LD2) is governed strictly by the Law on Entry, Exit, Transit, and Residence of Foreigners in Vietnam.
1. Legal Basis for In-Country Visa Purpose Conversion (Article 7 Clause 1)
As a general rule under Vietnamese immigration law, visa purposes cannot be converted. However, under Article 7 Clause 1 (amended by Law No. 51/2019/QH14 and Law No. 23/2023/QH15), foreign nationals are legally eligible to convert visa purposes directly inside Vietnam without exiting the country when satisfying statutory conditions:
- •Invited and sponsored by a licensed enterprise or organization in Vietnam;
- •In possession of a valid Vietnam Work Permit or an official Work Permit Exemption Certificate.
[!NOTE] This statutory provision establishes legal eligibility for in-country processing, exempting foreign professionals from compulsory international border exits when all regulatory criteria are satisfied.
2. Statutory Conditions for Work TRC Issuance (Articles 36 & 38)
Under Article 36 of Law No. 47/2014/QH13 (amended by Law No. 51/2019/QH14):
- •Eligible Individuals: Foreign nationals holding a valid Work Permit valid for 12 months or longer.
- •Duration of LD2 TRC: Granted in accordance with Work Permit validity, up to a maximum of 02 years (and must be at least 30 days shorter than the passport expiry date).
- •Upon meeting statutory conversion requirements, candidates may be considered for the issuance of an LD2 Temporary Residence Card.
3. Dossier Requirements & Immigration Authority Substantive Review
Obtaining an LD2 TRC is NOT an unconditional or automatic conversion. The dossier undergoes rigorous substantive review by the Immigration Department:
"Step 1: Lawful Entry (DN1 / E-visa) & Issuance of Work Permit"
"Step 2: Compile Corporate & Statutory Forms (NA6 + NA8)"
"Step 3: Immigration Department Substantive Review (05 Working Days)"
"Step 4: Issuance of 2-Year Work TRC (LD2)"
"Step 5: Sponsor Family Dependents for TRC TT (NA7 + NA8)"
Required Corporate Dossier:
- •Sponsoring Legal Entity Dossier: Enterprise Registration Certificate / Investment Registration Certificate and Form NA16 (Specimen Seal & Signature Registration).
- •Corporate Guarantee Letter: Form NA6 signed by the legal representative and stamped with the corporate seal.
- •Application Form: Form NA8 with a recent 2x3 cm white background photo.
- •Original Work Authorization: Original Work Permit or Work Permit Exemption Certificate.
- •Original Passport & Valid Visa: Accompanied by official online temporary residence registration.
[!IMPORTANT] Administrative Review: The Immigration Department retains full discretion to verify operational legitimacy and immigration compliance. When statutory conditions and documentation standards are met, candidates may be eligible to complete the procedure in Vietnam without being required to exit the country.
4. Relative Sponsorship for Dependent TRC (Category TT)
Once the primary specialist has obtained a valid LD2 Temporary Residence Card:
- •Statutory Forms: The individual sponsor submits Form NA7 (Individual Guarantee under Circular 22/2023/TT-BCA with local Ward Police certification), accompanied by Form NA8 for each dependent.
- •Legalized Relationship Records: Marriage Certificate (for spouse) or Birth Certificate (for children under 18) must be consular-legalized and translated into Vietnamese with notarization.
- •TRC Duration: Granted matching the principal cardholder's LD2 validity (up to a maximum of 03 years).
