Foreigners working in Vietnam are granted one of two labour visa codes: LD1 or LD2. The two codes are not distinguished by duration — both are valid for up to 02 years — but by their legal basis relating to the work permit. Understanding this distinction helps employers choose the right visa and prepare the correct file from the start.
LD1 vs LD2 at a glance
| Criterion | LD1 | LD2 |
|---|---|---|
| Who qualifies | Foreigners working in Vietnam holding a confirmation of work-permit exemption | Foreigners working in Vietnam required to hold a work permit |
| Legal basis | Article 8, clause 16 of Consolidated Document 62/VBHN-VPQH | Article 8, clause 16a of Consolidated Document 62/VBHN-VPQH |
| Core document | Confirmation of non-eligibility for work permit issuance | Work permit |
| Visa validity | Up to 02 years | Up to 02 years |
| Residence card validity | LD1: up to 02 years | LD2: up to 02 years |
The rule to remember: LD1 = work-permit exempt (with confirmation); LD2 = work permit required. Reversing the two codes is the most common mistake in practice.
Same two-year validity — different legal basis
Under Article 9, clause 5 of Consolidated Document 62/VBHN-VPQH (issued 23 March 2026, effective 1 July 2026), both LD1 and LD2 visas are valid for up to 02 years. LD1 and LD2 temporary residence cards follow the same rule: up to 02 years (Article 38, clause 5), at least 30 days shorter than the passport’s validity.
A trap to avoid: the notion that “LD1 is up to 2 years but LD2 is up to 1 year” is wrong under current law. The actual validity of an LD visa or residence card follows the remaining validity of the work permit or exemption confirmation — both of which are valid for up to 02 years (Article 21 of Decree 219/2025/ND-CP). In other words, an LD visa is not automatically a “full 2 years”; it equals the remaining validity of the underlying labour document, capped at 02 years.
The document chain: from labour papers to visa and residence card
The correct process runs along two parallel tracks, depending on whether the worker is subject to work-permit issuance:
- Exemption track: falls under a work-permit exemption case (Article 7 of Decree 219/2025) → obtains a confirmation of non-eligibility for work permit issuance → granted an LD1 visa → applies for an LD1 temporary residence card.
- Work-permit track: obtains a work permit → granted an LD2 visa (Article 10, clause 4, point c of Consolidated Document 62) → applies for an LD2 temporary residence card.
Applications for the exemption confirmation must be filed within 60 days and no less than 10 days before the worker’s expected start date; the competent authority resolves them within 05 working days (Article 9 of Decree 219/2025). The authority issuing work permits and exemption confirmations is now the Department of Home Affairs — no longer the Department of Labour, Invalids and Social Affairs.
The under-90-days-per-year category: notification only, no LD1
Managers, executives, experts and technical workers entering Vietnam to work for a total of under 90 days in 01 year (counted from 1 January to 31 December, cumulated across all entries) are not subject to work-permit issuance (Article 7, clause 13, point a of Decree 219/2025). This group is not required to obtain an exemption confirmation — it only needs to notify at least 03 working days in advance (Article 9, clause 4 of Decree 219/2025).
The direct consequence: without a confirmation in hand, the under-90-days group is ineligible for LD1 visas or LD1 residence cards — they enter on a DN visa or e-visa and fulfil the notification obligation.
“Expert” criteria under Decree 219/2025
Article 3, clause 3 of Decree 219/2025 defines a foreign worker as an “expert” when meeting one of two criteria:
- (a) Holding a university degree or higher (or equivalent) with at least 02 years of relevant experience for the intended position in Vietnam; or
- (b) Holding a university degree in the correct field of training with at least 01 year of relevant experience — applicable to experts in finance, science, technology, innovation, national digital transformation, or priority socio-economic development fields (as determined by ministries, ministerial-level agencies, provincial People’s Committees, or under cooperation agreements of the Government of Vietnam).
Converting visa purpose to LD
Foreigners who have entered on another visa type (including e-visas) may convert their visa purpose to a labour visa upon obtaining a work permit or an exemption confirmation (Article 7, clause 4, points c and d of Consolidated Document 62) — they are not required to exit and re-apply.
Citation trap: all work-permit content must cite Decree 219/2025/ND-CP (effective 7 August 2025); never cite Decree 152/2020/ND-CP, which expired on 7 August 2025.
The information in this article is for reference only and does not constitute legal advice. It cites Consolidated Document 62/VBHN-VPQH and Decree 219/2025/ND-CP as in force at the time of writing (14 October 2026).
Contact FLAT Law Firm for advice on work permits, LD1/LD2 visas and temporary residence cards for foreigners.
For reference only, not legal advice. Content quality-checked by the AI Legal Council; not yet reviewed by a human lawyer.