For the work-permit-exempt group — owners contributing from VND 3 billion, intra-company transferees, the other cases in Article 154 of the Labor Code — the exemption confirmation is the “substitute permit” for every residence procedure. This group’s residence card carries the LD1 symbol and is built entirely on the confirmation.
The dossier: the confirmation is the central document
The dossier under Article 37 of the Entry-Exit Law comprises the familiar components (the sponsor’s NA6, the employee’s NA8 with photos, the passport) — but the decisive document is the valid confirmation. A preparation note versus the LD2 category: the confirmation must be the one issued for that exact employee, at that exact sponsoring company, under the applicable exemption case — a confirmation under a different exemption case (e.g. the marriage case) cannot support a company-sponsored card if the declared residence basis is working at that company.
The card term: “sandwiched” by the confirmation and the passport
- The statutory ceiling: 2 years (Article 38);
- The confirmation ceiling: the card never outlasts the underlying confirmation — card cycles should therefore be synced from the moment the confirmation is planned;
- The passport ceiling: the card ends at least 30 days before the passport.
The management consequence: employers with long-term exempt experts should run one shared calendar of three milestones (confirmation — LD1 card — passport) instead of tracking them separately, because extending any one document is the premise of the other two.
Change situations to handle proactively
- Confirmation extension: complete it before expiry for a seamless new card (one extension, up to 2 years; after that, a fresh confirmation);
- Losing the exemption mid-cycle: capital structure changes, termination of the intra-company secondment, a change in marital status (for the marriage case) all remove the confirmation’s basis — the employer must switch to the work permit + LD2 card route or rearrange the residence category before authorities detect it through inspection/reporting;
- Passport change: reissue the card under the new passport number and simultaneously reissue/update the confirmation if it records the old passport number.
A note on the notification-only group
Some exemption cases under Decree 219/2025/ND-CP require only a notification before working and receive no confirmation (e.g. the case of marriage to a Vietnamese citizen residing in Vietnam). Employees in the notification group seeking a labor residence card will face the question of what proves their card category — the safe practice is to contact the receiving immigration authority in advance for guidance on accepted substitute documents (the notification sent to the labor authority plus the exemption case documents), because this interface has no uniform form set across all localities.
Frequently Asked Questions
What does the residence card dossier based on an exemption confirmation contain?
Under Article 37 of the Law on Entry, Exit, Transit and Residence of Foreigners in Vietnam: (1) the sponsoring company’s residence card request (Form NA6); (2) the card application form (Form NA8) with two 2×3 cm photos; (3) the employee’s original passport; (4) the valid exemption confirmation — the document proving eligibility for the LD1 card; (5) residence confirmation at the place of stay if the receiving authority requires it. File at the immigration authority where the company is based; processing takes 5 working days.
How long is a residence card under the exemption category valid?
Up to 2 years under Article 38 of the Entry-Exit Law (LD1 and LD2 cards run no more than 2 years), with two simultaneous practical constraints: it does not exceed the remaining term of the underlying confirmation, and it must end at least 30 days before the passport expires. For example, a confirmation with 14 months left yields an LD1 card of about 14 months, not the full 2 years — employers wanting a long card should time the card application right after the confirmation is issued/extended at its maximum term.
What happens to the residence card when the exemption confirmation expires?
The residence card loses its basis when the underlying confirmation expires or the employee no longer falls in the exemption case. Two handling routes: (1) if the exemption conditions persist, the employer extends or re-obtains the confirmation under Decree 219/2025/ND-CP, then applies for a new residence card on it; (2) if the exemption is lost (e.g. capital withdrawn below the VND 3 billion owner threshold), switch entirely to the work permit route: obtain a work permit, then an LD2 card. In all cases the confirmation/permit chain must be seamless — letting a confirmation expire without a replacement document in place leaves the residence card unfounded.
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FLAT Law Firm advises FDI companies and foreign employees on work permits, visas and temporary residence cards in Vietnam. Contact us for advice on your specific case.
This content is general information only and is not a substitute for legal advice on a specific case.
