When a company’s legal representative is a foreigner, the question arises: which visa and temporary residence card do they need? The title “legal representative” does not automatically determine the visa category — the law looks at the person’s actual role. This article analyzes each scenario.
1. Residence requirement for the legal representative
Clause 3, Article 12 of the Law on Enterprises 59/2020 (supplemented by Law 76/2025/QH15, effective from 01/7/2025) requires every enterprise to always have at least one legal representative residing in Vietnam. When only one legal representative resides in Vietnam and that person exits Vietnam, they must authorize in writing another individual residing in Vietnam to exercise their rights and obligations.
2. The title does not automatically exempt from a work permit
Holding the title of legal representative does not automatically exempt the person from a work permit. Visas and residence cards are determined by actual role (Decree 219/2025/ND-CP), as follows:
2.1. The person is an investor or represents a foreign organization investing in Vietnam
This case qualifies for a ĐT visa based on contributed capital (clauses 7a–7d, Article 8 of consolidated document 62/VBHN-VPQH: ĐT1 for VND 100 billion or more; ĐT2 for VND 50 billion to under 100 billion; ĐT3 for VND 3 billion to under 50 billion; ĐT4 for under VND 3 billion), and a ĐT1/ĐT2/ĐT3 temporary residence card (point b, clause 1, Article 36; ĐT4 does not qualify for a residence card).
On work permits: exempt from a work permit if the person is an owner or capital-contributing member of a limited liability company with contributed capital of VND 3 billion or more (clause 2, Article 7 of Decree 219/2025), or the Chairperson/member of the Board of Directors of a joint-stock company with contributed capital of VND 3 billion or more (clause 3, Article 7). Exempt persons need no exemption confirmation procedure but must notify the competent authority at least 3 working days in advance (clause 4, Article 9).
A legal representative who is also a capital owner with under VND 3 billion → not exempt → must obtain a work permit like any hired employee.
A person who is both an investor and directly manages the enterprise: the ĐT category takes priority (tied to investor status) — not “any category will do.”
2.2. Hired as legal representative (not an investor)
For example, a hired General Director with no capital contribution: this person is a foreign employee → must hold a work permit (point c, clause 4, Article 10 of consolidated document 62; Article 151 of the 2019 Labor Code; Decree 219/2025/ND-CP) → LĐ2 visa (clause 16a, Article 8) → LĐ2 temporary residence card, valid up to 2 years (clause 5, Article 38).
2.3. Work-permit-exempt but not an investor
Other work-permit exemption cases (e.g., married to a Vietnamese citizen, intra-company transferee…) → LĐ1 visa → LĐ1 temporary residence card.
3. DN1 visas are only for short stays
A DN1 visa (working with an enterprise having legal personality — clause 8, Article 8, valid up to 1 year) suits short business trips only. DN1 does not qualify for a temporary residence card (Article 36 does not list the DN symbol). A legal representative who normally resides abroad and only travels to Vietnam for business trips: use a DN1/LĐ visa appropriate to each trip — clearly distinct from the long-term residence case that requires a residence card.
4. Visa purpose conversion
A person holding another visa category who has documents proving investor status (point a, clause 4, Article 7 of consolidated document 62) or a work permit/work-permit exemption certificate (point c) → may convert the visa purpose to the corresponding ĐT or LĐ category.
5. Visa and residence card validity (reference)
Visa validity (Article 9 of consolidated document 62): LĐ1/LĐ2 up to 2 years; ĐT3 up to 3 years; ĐT1/ĐT2 up to 5 years; DN1 up to 1 year. Residence card validity: ĐT1 up to 10 years; ĐT2 up to 5 years; ĐT3 up to 3 years; LĐ2 up to 2 years. Maximum work permit validity: 2 years (Article 21 of Decree 219/2025/ND-CP).
For reference only; this is not legal advice.
Foreign legal representative needing the right visa and residence card category? Contact FLAT Law Firm for advice.
For reference only, not legal advice. Content quality-checked by the AI Legal Council; not yet reviewed by a human lawyer.