VIETNAM WORK PERMIT WITHOUT A DEGREE

Wednesday, 22/04/20

In this article, we share the whole procedures for applying the work permit in Vietnam and foreign labors who can apply for Vietnam work permit without a degree. Foreigners who are the Board of Directors members of the joint-stock company or foreigners who are the legal representative of the company are people that do not have to submit degrees when apply for work permit. In most cases, a work permit is required when working in Vietnam for more than three months. Where a work permit is not compulsory, a notice must be submitted seven days in advance to the provincial Department of Labor, Invalids and Social Affairs (DoLISA) prior to working in Vietnam. Currently, work permits for foreigners are valid for a maximum of two years. Authorities are becoming stricter regarding work permits. Those who violate the regulations by working in Vietnam without a work permit may be penalized or, if unable to meet work permit requirements, deported back to their home countries. The work permit process can be a bit of headache and last from 4 to 6 weeks. We’ve put this guide together to walk you through the process, so you know what documents to pack and how to prepare them for getting a work permit in Vietnam.

THE TERM OF VIETNAM WORK PERMIT

The validity period of a Vietnam work permit is equal to the duration of one of the following cases as far as those periods are less than 02 years:

1.Duration of the labor contract to be signed;

2.Duration of assignment in Viet Nam decided by foreign parties;

3.Duration of the contract or agreement between Vietnamese and foreign partners;

4.Duration of the service contract or agreement between Vietnamese and foreign partners;

5.Duration specified in documents of the service provider appointing the foreign worker to come to Viet Nam to negotiate on service provision;

6.Duration specified in certificates of foreign non-governmental organizations and international organizations permitted to operate in accordance with the law of Viet Nam;

7.Duration specified in documents of the service provider appointing the foreign worker to come to Viet Nam to establish a commercial presence of the service provider;

8.Duration specified in documents proving that the foreign worker is permitted to engage in activities of the foreign enterprise which has established a commercial presence in Viet Nam.

WHO CAN APPLY FOR VIETNAM WORK PERMIT WITHOUT A DEGREE

In most cases, foreign labors applying for work permits in Vietnam must meet the requirements for qualifications and the years of work experience, except for some special cases when they are managers, members of board of directors but not capital contributing shareholders, or they are foreign experts certified as experts/ specialists by a competent foreign organizations or enterprises. The following are cases that can apply for work permit Vietnam without a degree:

Foreign labors who are the Board of Directors members of the joint-stock company or Limited-liability company (they are not the owner or shareholders of the company)
Foreigners who are the legal representative of the company;
Foreign labors who are experts/specialists and able to provide a certification of expert position certified by foreign organizations, enterprises and have consular legalization

THE CASES THAT MUST APPLY FOR A VIETNAMESE WORK PERMIT

Foreigners working in Viet Nam for more than 3 months in one of the following working forms must apply for working permit in Vietnam:

Foreign labors working under labor contracts and being transfer within an enterprise must apply for Vietnam work permit or work permit exemption certificate;
A Vietnam work permit is issued to foreigners performing 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;
A Vietnamese Work Permit is issued to foreign labours providing services under contract and offering services;
A Vietnamese Work Permit is granted for foreign labors working for a foreign non-governmental organization operated under the provisions of Vietnamese law;
Foreigners who are volunteers or responsible for establishing commercial presence must apply for working permit in Vietnam;
Working permit in Vietnam is granted for foreign labors as Managers, executive directors, experts and technical workers;
Foreigners participate in a tender contract or project in Vietnam.

PROCEDURE FOR ISSUANCE OF A VIETNAMESE WORK PERMIT

At least 30 working days before the date the foreign worker is expected to begin working for the employer, the employer must submit a registration of the need of foreign labor use to the local Department Labor - Invalids and Social Affairs where the foreign worker is expected to work.
Within 07 working days from the date of receipt of the work permit application dossier for foreign labor, the Department of Labor - Invalids and Social Affairs must issue a work permit for the foreign worker with the form prescribed by the Ministry of Labor - Invalids and Social Affairs. In case a work permit is not granted, it must issue a written reply clearly stating the reason.
After being granted work permits, the employer and the foreign worker must sign a labor contract in accordance with the labor laws of Vietnam before the expected date that he or she starts working for the employer. The employer must send a copy of the signed labor contract to the Department of Labor - Invalids and Social Affairs which has issued the work permit within 05 working days from the date of signing the contract.

REQUIRED DOCUMENTS TO APPLY FOR VIETNAM WORK PERMITS WITHOUT A DEGREE

All foreign documents issued by the authorized bodies/ organizations of the foreign country where the documents were issued must be notarized and certified by a notary office or the Ministry Foreign Affair before legalized by Vietnamese embassy or consulate in the country where the expat is a resident.

Work permit application form – Form 1 – explanation of foreign labor usage plan;
Work permit application form – The Form No 7 – the suggestion of issuing work permit for foreign employee;
Notarized copies of passport with full pages on A4 paper;
Original hard copy of Expert Certificate in the relevant position issued by the former employers, indicating that the applicants have at least 3 years of working experience at the level of executive or higher. If it is issued outside of Vietnam, it must have consular legalization in order to be used in Vietnam.
A valid foreign Police Check Certificate issued by the applicant’s home country or Vietnamese Criminal Record by the Vietnamese Department of Justice.
Health check certificate which must be issued by the hospital/clinic appointed by DOLISA
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)

REVOCATION OF VIETNAM WORK PERMITS, EXPULSION OF FOREIGN WORKERS

Revocation of a Vietnam work permit

Vietnamese Work permits or work permit exemption certificate were lapsed.
Vietnamese Work permits are revoked because the employer or the foreign worker does not comply with Vietnam labor laws
Procedure for revocation of a Vietnamese work permit

For cases of lapsed work permits, the employer shall revoke the work permit of the foreign worker to return to the local Department of Labor - Invalids and Social Affairs which has issued the work permit;
For 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 Vietnam 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.

OTHER ARTICLES OF VIETNAM'S WORK PERMIT, VISAS AND TEMPORARY RESIDENCE CARD

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VIETNAM WORK PERMIT WITHOUT A DEGREE

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