WHAT ARE DOCUMENTS REQUIRED FOR WORK PERMIT VIETNAM

Wednesday, 15/04/20

As you may know, in order to get a work permit Vietnam you need to prepare many documents, both from the company and the foreigner. Each of documents has its own condition and validity. It is just a pity if your documents do not meet the conditions or you prepare it too soon. In that case, you must to start from the beginning again. Before prepare anything for the work permit, it will be better to carefully take notes for the requirements, ask someone who has more experience, and review your personal documents carefully. One point you need to identify the dossiers which is suitable with your position as manager, executive, expert or technical worker. If you’re confusing, we hope our article will help.

WORKING FORMS APPLYING FOR VIETNAM WORK PERMIT

There are the two kinds of working form that the Vietnamese companies and foreign labors should know before doing the first step, which is registration on the need of using foreign labor “Form No 1” or explanation of foreign labor usage plan to Provincial Department of Labour, Invalids and Social Affairs “DOLISA”. Form 01 should be submitted at least 30 days before the day foreign labor anticipated to work in Vietnam.

♦ Working form as Labour contract

The working form Labor Contract means that a foreigner works in organizations or enterprises in the territory of Vietnam in the form of a labor contract between an employee and an employer.

♦ Working form as Internal transfer

Foreigners applying for work permit under internal transfer are the managers, executives, experts or technical workers of a foreign enterprise that has established a commercial presence on the territory of Vietnam. In another word, you can understand that the company in Vietnam is in system with the parent company in foreign countries. In this case the foreigners must be employed by the parent company at least 12 months in advance.

WHAT ARE THE JOB POSITIONS APPLYING FOR A WORK PERMIT IN VIETNAM

There are three main categories of job positions/ job titles for which foreign labours may apply for a Vietnam work permit. Beside the above mentioned working forms, employer and employee also need to consider on the job position and job title to preqpre the right documents for work permit application.

♦ Manager, Executives or Higher Positions

Manager is the person who in charge of running a business according to the Provisions of Clause 18, Article 4 of the Enterprise Law; or head or deputy head of a company/ organization. Executive is for the leader who directly operates units of a company, organization or enterprise.

♦ Expert/ Specialist

An expert is a foreign worker in one of the following cases:

a. Those having a certification of experts from foreign agencies, organizations and enterprises

b. Those having a university degree or higher; and having at least 03 years of professional work experience equivalent to the job position that foreign workers are expected to work in Vietnam.

♦ Technical Worker

Technical worker is a person who has been trained in technical majors or other specialties for at least 01 year and has worked for at least 03 years in trained majors.

WHAT DOCUMENTS ARE REQUIRED FOR WORK PERMIT VIETNAM

The documents required for Vietnam work permit application vary according to the job position/ job title that the foreign labour will apply for and hold in Vietnam.

Documents from the EMPLOYER

There are three documents from a legal entity in Vietnam below must be sealed and signed by the legal representative of the company

Written documents for explanation of foreign labour usage plan – Form No 1, this form should submit into the Department Labor - Invalids and Social Affairs where the foreign worker is expected to work at least 30 working days before the date the foreign worker is expected to begin working for the employer. The authorities review the request for the need of foreign labour usage within 10 business days and grant the approval letter on the need of using foreign workers.
The employer must submit the work permit application form No 7 and required documents for issuance of a Vietnam work permit for foreign employee within 7 working days
The signed labor contract must be submitted to the labor authority within 05 working days upon the date of signing the labor contract.

Documents from the EMPLOYEE

***1*** A health check certificate or a medical examination certificate from overseas or in Vietnam. All health check certificate is valid for 12 months. If you get it earlier than that, the document is invalid. However, not all health check certificate is accepted by the DOLISA, so you need to remember the list of hospitals/ clinics where has the permission to issue a health check certificate for foreign workers in Vietnam.

In Ho Chi Minh City, the health certificate must be issued by the following hospital/clinic appointed by DOLISA:

► People’s Hospital 115 - 527 Su Van Hanh Street, Ward 12, District 10

► Trung Vuong Hospital - 266 Ly Thuong Kiet, Ward 14, District 10

► Thu Duc District Hospital - 29 Phu Chau, Tam Phu Ward, Thu Duc District

► Van Hanh General Hospital - 778/B1-B3-B5 Le Hong Phong Street, Ward 12, District 10

► An Sinh Hospital - 10 Tran Huy Lieu Street, Ward 12, Phu Nhuan District

► Vinmec Central Park International Hospital - 720A Dien Bien Phu Str, Binh Thanh District, HCMC

► Phuoc An General Clinic – Branch No. 3 - 95A Phan Dang Luu Street, Ward 7, Phu Nhuan District

► Columbia Asia Saigon International Clinic - 08 Alexandre de Rhodes, Ben Nghe Ward, District 1

► Franco – Vietnamese Hospital - 06 Nguyen Luong Bang Street, Phu My Hung, District 7

► International SOS - 167A Nam Ky Khoi Nghia, District 3, HCMC

► Vigor Anbis Japan - 2 Floor, Miss Ao Dai Tower, 21 Nguyen Trung Ngan, Ben Nghe ward, District 1, HCMC

► Nhan Hau International Clinic - 522-524 Nguyen Chi Thanh Str, District 10, HCMC

► Cho Ray Hospital - 201B Nguyen Chi Thanh, Ward 12, District 5

*Important note: If the health check certificate is issued in foreign country, it must be confirmed that the foreign employees have good health to work or his/her health is qualified to word; and it must be legalized before being used in Vietnam.

***2*** A police check certificate/ criminal record certificate issued by a foreign or Vietnamese competent authority which confirms that their criminal record status is NO CONVICTION. The Criminal record certificate is issued within 6 months from the date of issue to the date of submitting dossier.

In Vietnam, you can apply this document by yourself at the Department of Justice. You should prepare required documents for the submission:

A residential confirmation issuing by the local police where the foreigner is living. The certificate must have all personal information of the foreigner; the temporary address in Vietnam; confirmation, signed and seal from the local police
A form for criminal record application signed by the applicant
A photocopy of Original passport and Vietnam visa (and also providing the original for checking)
You must be present at the Department of Justice at a date of submission

*Important note: If the criminal record is issued in foreign country, it must be legalized before being used in Vietnam.

>>> If you need more information about Vietnam Criminal Record, please follow this LINK.

***3*** A certification of working experience or expertise certificate depending on the Job Position and Job Title applying for Vietnam work permit

For manager and executive: A certification of working experience confirms that the foreign employee has at least 03 years working in manager/ executive position or equivalence

>>> If you need more information about how to apply work permit for a manager position, please visit this LINK

For expert, depending on your situation you can submit documents in one of the following two cases:

A certification of expertise confirms that the foreign employee has at least 03 years working in expert position or equivalence
An educational qualification (bachelor; master or higher degree) and A certification of working experience confirms that the foreign employee has at least 03 years working in position equivalent to the job position that foreign workers are expected to work in Vietnam.

>>> You can find more about Vietnam Work permit for foreign experts HERE

For technical worker: College degree or Training degree (which the foreign workers learned for at least 01 year) and A certification of working experience confirms that the foreign employee has at least 03 years working in the trained majors.

>>> More on Vietnam work permit for technical workers, take a look at this LINK

If the employees work in form of an Internal transfer, please provide more: A letter of appointment which confirms that the foreigner has been working in a overseas company for at least 12 months and they appoint this employee to work for the company in Vietnam.

*Important note:

- Certification of working experience, Certification of expertise, Letter of appointment must be confirmed, sign and seal by an overseas company; then being legalized.

- An educational qualification (bachelor; master or higher degree), College degree or Training degree must be legalized too.

EXPERIENCE FROM VISA5S ABOUT THE REQUIRED DOCUMENTS FOR VIETNAM WORK PERMIT

Above are all the required documents that a foreign worker and their employer must prepare for a work permit in Vietnam. Maybe you are a little bit confused with the list of 8 documents, but in fact you just need to sort out your case and do the needful.

Below each document we do make an important note that: If the document is issued in foreign country, it must be legalized before being used in Vietnam. The procedure of legalization will be different in each country. At this step, you need to find out where the documents were issued, and then follow the instruction of legalization required by that country. If you are in Vietnam and your documents are not legalized, a tip for you is that you can access the website of Embassy or Consulate of this country. There is some Embassy and Consulate provides the service of legalization.

Because procedure for legalization is so time consuming, we highly recommend our customers to do a Health check certificate and Criminal record in Vietnam. About these 2 documents, you can choose to do abroad or in Vietnam. If doing in Vietnam is more convenient, saving money, saving time, so why not!

One more thing, because each document has their own validity so you need to check it before submission.

Last but not least, when reviewing related documents, you should take the data on your passport as a standard. Your personal information on other documents must be consistent with that on the passport.

OTHER INFORMATION RELATED TO VIETNAM'S WORK PERMIT, VISAS AND TEMPORARY RESIDENCE CARD

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WHAT ARE DOCUMENTS REQUIRED FOR WORK PERMIT VIETNAM

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