This question appears at almost every FDI employer receiving an expert for the first time: the person has arrived in Vietnam, housing is rented, but the work permit is still in process — can the residence card be done at once for convenience? The law’s answer is no, and the reason lies in the one-way dependency structure of the two documents.
The dependency structure: the labor residence card “stands” on the permit
Article 37 of the Entry-Exit Law requires the residence card dossier to include “documents proving the card category” — for the labor category, that document is precisely the work permit (LD2 card) or the exemption confirmation (LD1 card). Consequences:
- There is no “temporary” labor residence card while the permit is pending;
- The card term never exceeds the permit/confirmation term — the two documents live and die together;
- Any service promising a labor card without a permit is describing a product that does not exist in law (or rests on non-genuine labor documents — the fake-document risk under Decree 283/2026).
The lawful route for a newly arrived expert
- Before arrival: complete the demand approval and start the work permit dossier remotely (legalized documents prepared in the home country) — the goal is a permit issued close to the expert’s entry date;
- Entry: on a sponsored visa for the work purpose or an e-visa for a short waiting stage; declare residence at the place of stay;
- Awaiting the permit: the expert is lawfully present in Vietnam but not yet working — this stage is for settling life and cultural orientation, not professional work;
- After the permit: sign the labor contract, start work, convert the visa purpose and apply for the LD2 residence card (processed in 5 working days).
The one exception to know: residence categories independent of labor
If the expert simultaneously qualifies for another residence category on an independent basis — for example a spouse who is a Vietnamese citizen or holds a residence card (TT family category), or investor status qualifying for the DT category — they may hold a residence card under that category while awaiting the permit. But keep the lines sharp: a TT/DT card gives residence rights, not work rights; the right to work comes only from the permit/confirmation. Confusing these two rights is the error that leaves many experts “holding a perfectly valid residence card” yet sanctioned for unpermitted work.
Frequently Asked Questions
Can a newly arrived expert without a work permit get a labor residence card?
No. Under Articles 36 and 37 of the Law on Entry, Exit, Transit and Residence of Foreigners in Vietnam, the document proving the labor residence card category is precisely a valid work permit or an exemption confirmation — no substitute document exists for this condition. The legal sequence is mandatory: permit/confirmation first, residence card after. Any promise of “a labor residence card first, permit supplemented later” contradicts the statutory process.
On what document does the expert stay in Vietnam while awaiting the work permit?
On an entry visa appropriate to the stage: usually a company-sponsored visa obtained through the immigration authority on the basis of the labor dossier in process (an entry approval serving the purpose of coming to work), or an electronic visa (e-visa, up to 90 days after Law 23/2023) for the preparation stage. Once the work permit issues, the expert falls within the visa-purpose conversion cases (Points c and d, Clause 4, Article 7 of the Entry-Exit Law) and receives an LD2 visa/LD2 residence card without exiting.
Can the expert start working while the permit is being processed?
Absolutely not. No visa of any kind (including a labor visa mid-conversion) substitutes for a work permit in the labor relationship: the employee may work only from the moment the permit is granted. Letting the expert work during the wait — whether called familiarization, handover or probation — is unpermitted employment, fined under Article 13 of Decree 283/2026/ND-CP (the worker: VND 15–25 million and deportation; the company: VND 30–45 million for 1–10 persons).
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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.
This article has been quality-reviewed by the FLAW AI Legal Council