A newly licensed FDI company with no revenue yet — can it sponsor foreign experts to work in Vietnam? The direct answer: yes. Immigration law does not require a “minimum operating period” for sponsoring companies. But “may sponsor” does not mean “one simple procedure” — new companies must go through two parallel tracks.
The law requires no minimum operating period
Point e, Clause 1, Article 14 of the Law on entry, exit, transit and residence of foreigners in Vietnam (consolidated document 62/VBHN-VPQH) provides that “enterprises established under Vietnamese law” are among the entities entitled to invite and sponsor foreigners. An FDI company (a foreign-invested company established in Vietnam) automatically belongs to this group — regardless of domestic or foreign capital, regardless of being newly established or long-operating.
Clause 2, Article 14 adds the principle: invitations and sponsorship must be consistent with the functions, tasks and powers prescribed by law or the granted operating licence.
The conclusion at the statutory level: the only conditions are lawful establishment + continued existence + function-consistent sponsorship. The claim that “a newly established company is not yet eligible to sponsor” is wrong under immigration law. Distinguish: “the law does not prohibit” differs from “practice in review” — for new companies with no operations yet, dossier review in practice may be stricter depending on the locality (labelled “practice”, details not verified).
The often-forgotten step: one-time entity notification (Article 16.2)
Before sponsoring for the first time, the company must send a one-time notification to the immigration management authority, enclosing: (a) a certified copy of its establishment licence or decision — for a new FDI company, the Enterprise Registration Certificate and/or the Investment Registration Certificate; (b) a document introducing the seal and the authorised signatory’s signature. Later changes are reported through supplementary notifications. New FDI companies often forget this step, causing their dossiers to be returned.
Clause 3, Article 16: visa requests (the request in form NA2 — the latest version under Circular 04/2015/TT-BCA as amended by Circular 70/2026/TT-BCA, effective 01/7/2026) are processed within 05 working days.
The second track: work permits (Decree 219/2025)
Clause 4(c), Article 10: foreigners entering to work must hold a work permit under labour law. Long-term FDI experts need a work permit — or a work-permit-exemption confirmation if eligible.
An expert under Clause 3, Article 3 of Decree 219/2025/ND-CP (effective 07/8/2025; the current work-permit decree): holds a university degree or higher and at least 2 years of relevant experience (or at least 1 year in priority fields: finance, science-technology, innovation, digital transformation or other priority sectors).
The work-permit dossier incorporates the explanatory report on the need to employ foreign labour (Form 03, Article 18); issuance takes 10 working days. The dossier comprises (Article 18 onward): the employer’s written request (Form 03), a health certificate, the passport, a criminal record check, and expert-status proof (degrees and experience under Articles 3 and 19).
Work-permit exemption (Clause 13, Article 7): experts working under 90 days per year need no confirmation — only 3 working days’ advance notice (Clause 4, Article 9) — a fitting option for new FDI companies bringing experts for the initial setup phase.
Competent authority (Article 4): the provincial People’s Committee of the province where the worker will work issues work permits or exemption confirmations; for multi-province work, the province of the head office.
Where the expert is also a manager or director of the FDI company itself: another exemption category may apply (Clause 2, Article 7 — owners or capital contributors with contributions of VND 3 billion or more; Clause 10, Article 7) — classify correctly before filing.
Visas and residence cards for experts
Experts receive LĐ1 visas (with exemption confirmation) or LĐ2 visas (work-permit holders) — points 16, 16a, Clause 8, Article 8; they may be considered for LĐ1/LĐ2 temporary residence cards of up to 02 years (point b, Clause 1, Article 36; Clause 5, Article 38).
The sponsor’s duties (Article 45.2)
The sponsor must: handle invitation/sponsorship procedures lawfully; guide foreigners to comply with Vietnamese law; cooperate in managing foreigners’ activities in line with the purpose of entry; cooperate in temporary-residence declarations (Article 33, Circular 87/2026/TT-BCA); and notify when sponsorship is no longer needed, cooperating in exit requests.
Sanctions to know
According to official notices from provincial police, Decree 282/2025/ND-CP (the current sanctions decree): a sponsoring company that fails to fulfil its statutory duties or declares untruthfully in invitation/sponsorship procedures — fined VND 40–50 million. Entering to work on a sponsored visa without a work permit (wrong purpose) — fined VND 20–25 million. The exact article numbers are pending verification against the original text of Decree 282/2025.
Context: Decree 96/2026/ND-CP (effective 31/3/2026, guiding the 2025 Investment Law) allows foreign investors to establish an enterprise before obtaining the Investment Registration Certificate (12 months to complete procedures) — noted as context; when cited, verify against the original text and do not infer that sponsorship “is certainly possible without an IRC”, as immigration authorities in practice may require the IRC or investment certificate.
FAQs
Can a 1-month-old company sponsor an expert?
Yes. Immigration law requires no minimum operating period; the conditions are lawful establishment and function-consistent sponsorship (Article 14).
Does an expert coming for a 2-month setup need a work permit?
If exempt and working under 90 days per year: no confirmation needed, only 3 working days’ advance notice (Clause 13, Article 7 and Clause 4, Article 9 of Decree 219/2025).
What if the seal/signature notification is forgotten?
The sponsorship dossier may be returned — this is a mandatory one-time step before sponsoring (Clause 2, Article 16).
Need help with visas, temporary residence or work permits for foreigners in Vietnam? Reach us via the Contact page of FLAT Law Firm.
The information above is for reference only and does not constitute legal advice.
Transparency note: this article was drafted and quality-checked by the AI Legal Council of FLAT Law Firm under its internal process; it has not been reviewed by a human lawyer.
