HOW TO APPLY WORK PERMIT FOR VIETNAM

Tuesday, 21/04/20

Vietnam Work Permit is issued for foreigners to work legally in Vietnam. But first, they have to be listed as one of the applicable entities and provide enough related documents mentioned in the Labor Code. Moreover, there are some special cases of foreign workers who can be exempt from work permit, also stated in the law. For those who do not act fully in accordance with the law, their work permit can be revoked and they even face an expulsion from Vietnam. The work permit should be obtained within three months of arrival in Vietnam. The employer usually helps organise the application on the employee’s behalf. Foreign Expert, Foreign Executive, Operation Director/Manager and Foreign Technician are those eligible to apply Vietnam Work Permit, of courses they must submit enough evidence as requested by the competent authorities. The maximun validity of the work permit is 2 years and it can be extended to another 2-year term only once.

WORKING PERMIT VIETNAM - WHO SHOULD APPLY FOR

Foreign workers working in Vietnam for more than 3 months in the following forms require a Vietnam work permit or work permit exemption certificate to work legally in accordance with Vietnamese laws, the term of Vietnamese working permit granted must not exceed 2 years and can only be extended once for a further two-year term.

Foreign labors working in Vietnam in the following forms must apply for a Vietnamese work permit or work permit exemption certificate:

Foreign labors working in Vietnam under labor contracts;
Foreign labors transfer within an enterprise or internal transfer;
Foreign labors working in Vietnam perform any of the following types of contract, namely economic, commercial, financial, banking, insurance, scientific and technical, cultural, sports, educational, vocational training or medical health contracts;
Foreign labors working in Vietnam provide services under contract;
Foreign labors offering services in Vietnam;
Foreign labors working for a foreign non-governmental organization which is permitted to operate pursuant to the laws of Vietnam;
Foreign labors are volunteers;
Foreigners labors are responsible for establishing commercial presence in Vietnam;
Foreigners labors are managers, executive directors, experts and technical workers;
Foreigners participating in a tender contract or project in Vietnam.

WHO ARE ELIGIBLE TO APPLY FOR A WORK PERMIT IN VIETNAM

Foreign workers working in Vietnam need to meet the following conditions in order to be granted a Vietnamese work permit or work permit exemption certificate. Therefore, both employers and foreigners need to understand all the conditions and regulations of Vietnamese laws before coming to Vietnam.

The foreign workers must hold a valid passport for at least 2 years to apply for Residence Card right after the work permit is granted.
The foreign workers do not have any applicable criminal record in Vietnam or Overseas by providing a valid foreign Police Check Certificate or Vietnam Criminal Record.
The foreign workers are in good health to take up the jobs in Vietnam;
The foreign workers must meet the requirements of qualifications, skills and work experience required by Vietnamese labor laws.

HOW TO APPLY WORK PERMIT FOR VIETNAM?

Applying a Vietnamese work permit or work permit exemption for foreign labor must go through many steps and involve the foreign worker, the employer and Vietnamese relevant authorities. The whole process of completing documents and applying for work permits takes nearly 2 months, while the gathering the documents and legalizing are taking the most time.

Based on our practicial experience, applying work permit in vietnam must go througth 7 steps from the evaluating qualifications, skills and work experience of foreign labours, to gathering and completeing the documents and receiving the Vietnamese work permit. These are the steps for applying working permit for Vietnam:

Step 1: Evaluate and choose foreign labours meet the requirements of Vietnamese work permit application

Based on the needs of the company for the specific job position, job title, the requirements of Vietnamese authorities along with the personal documents relating to the qualifications, certificates, working experience that foreign workers are able to provide to the company, .. .If they satisfy all the conditions required by Vietnamese laws, the employer in Vietnam must submit the Explanation of foreign labour usage plan to the provincial Department Labor - Invalids and Social Affairs where the foreign worker is expected to work; the Explanation of foreign labour usage plan must be submitted at least 30 working days before foreign worker's arrival.

Step 2: Submit a registration on the need of foreign labour use to the provincial Department of Labor, Invalids and Social Affairs (DoLISA).

Involved authorities are the provincial Department of Labor, Invalids and Social Affairs (DOLISA) and provincial/ city People's Committee where enterprises are operating. Review and approval on the need of foreign labour use will be completed within 10 business days.

What should be necessary information in the registration application of the foreign labor usage?

Enterprise/organization information;
Fields of business;
Total number of employees working at the enterprise, organization and of which, the number of foreign workers
Job position;
Job title;
Quantity;
Expected working time in Vietnam;
The reason for recruiting foreign worker.

Step 3: Receive the approval letter on the need of foreign labour use from DoLISA

After 10 business days, the approval letter on the need of foreign labour use is granted and the original copy of the approval letter must be enclosed in the checklist submitting into the DoLISA in the step 5. In case the authorities disagree with the need of foreign labour use, it shall issue a written reply clearly stating the reason.

Step 4: Prepare for foreign labour’s documents

All documents supporting Vietnamese working permit application relating to foreign labours and their company must be fully prepared in compliance with Vietnamese laws. The documents issued by foreign country must be authenticated at a competent notary, certified by Ministry of Foreign Affairs of the country where the documents were issued, and legalized by Vietnamese Embassy/Consulate where the foreign worker is living. The last step needs to do is translate the documents into Vietnamese and certify the translation by Justice Division of any District People’s Committee or notary offices in Vietnam under the provisions of Vietnamese laws. The detailed requirements and checklist applying work permit for Vietnam, you can FIND HERE

The detailed procedures for Consular Legalization outside Vietnam, Please FIND OUT HERE

Step 5: Submit the documents for work permit issuance

Based on the regulation, the documents will be submitted to the local Department of Labor and considered within 7 business days, if the dossier is eligible, a Vietnamese work permit will be issued to the foreign labor, the company will sign a labor contract based on the term of work permit with the foreign labor as well as take the next step to apply for a long term work visa or Temporary Residence Card to complete all the documents that foreign labours need.

Step 6: Receive the original copy of Vietnamese work permit or work permit exemption certificate

How long does it take to get work permit in Vietnam? After 07 working days from the date of submission, the labour department shall issue the work permit or work permit exemption certificate for the foreign worker. In case the work permit is not granted, it shall issue a written reply clearly stating the reason for work permit refusal.

The original copy of Vietnamese work permit or work permit exemption certificate must be kept by the company for reporting to Vietnamese’s relevant authorities, which is the highest legal document between employee and the company.

Step 7: Submit the signed labour contract to DOLISA

After issuance of work permit Vietnam, the employer and the foreign worker must sign a labor contract in accordance with the labor laws of Vietnam before the expected date he or she starts working for the employer in Vietnam. Within 05 working days from the date of signing the labor contract, the employer must submit a copy of the signed labor contract to the provincial Department of Labor - Invalids and Social Affairs which has issued the work permit.

REQUIRED DOCUMENTS FOR APPLYING WORK PERMITS FOR FOREIGNERS IN VIETNAM

Work permit application form - Form 1 - explanation of foreign labor usage plan;
Work permission application letter - Form 7 - the suggestion of issuing work permit for foreign employee;
Passport must be notarized copies with full pages on A4 paper;
Certificate of at least 3 years of working experience in the relevant position issued by the former employers, original hard copy, showing that the applicants have at least 3 years of working experience in their position;
Education degree: Bachelor or higher degree. If it is issued outside of Vietnam, it must have consular legalization in order to be used in Vietnam
A valid criminal record issued by the applicant’s home country or by the Vietnamese Department of Justice. If it is issued in your home’s country please lets it go through the consular legalation;
A valid Health check certificate must be issued by the hospital/clinic appointed by DOLISA. Health check issued by foreign countries is also acceptable if it confirms that the applicant has good health to take a job and must be consular legalization;
Three recent passport-sized photos (These photos should be taken with bareheaded, frontal view, showing the face and ears clearly, without glasses, and on a white background and within the last 6 months from the date on which the expat lodges the application dossier for work permit)

Note that all documents provided by the authorized body of the country where the expat is a resident, must be certified by native Ministry of Foreign Affairs or Notary Office before legalized by Vietnamese embassy or consulate in the country where the expat is a resident.

HOW TO CANCEL VIETNAM WORK PERMITS AND DEPORT FOREIGN LABOUR

Revocation of a work permit

Work permits lapse.
Work permits are revoked because the employer or the foreign worker does not comply with this Decree.
Procedure for revocation of a work permit

In cases work permits lapse, the employer shall revoke the work permit of the foreign worker to return to the Department of Labor - Invalids and Social Affairs which has issued the work permit;
In cases of breaking the law, the Director of the Department of Labor - Invalids and Social Affairs which has issued the work permit shall issue a revocation decision and notify the employer to revoke the work permit of the foreign worker and return to the Department of Labor - Invalids and Social Affairs;
The Department of Labor - Invalids and Social Affairs shall issue a written document confirming revocation of work permit to the employer.

Expulsion of foreign workers

Foreign workers in Viet Nam without a work permit or written document confirming exemption from work permit as stipulated shall be deported under the Viet Nam law.
Within 15 working days from the date confirming the foreigner working in Viet Nam without a work permit, the Department of Labor - Invalids and Social Affairs shall request the police department to deport that foreign worker.

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