WORKING FORMS IN VIETNAM WORK PERMITS - REGULATIONS AND DOCUMENTS
Thursday, 21/12/23
Suppose you are a local Vietnamese company, foreign-invested company, or international business located in Vietnam and you want to recruit foreign labor workers to meet the demand for personnel. In that case, it is important to understand the Vietnamese government's regulations and procedures for applying for a work permit. The decree outlines eleven working forms, but the three most commonly used forms are for labor working, internal transfers, and managers, executives, experts, and technical labor. This post will share regulations and documents required for each type of work permit application in Vietnam.
LABOR CONTRACT WORKING FORM
- Regulated in Point 1 Article 2 of Decree 152/2020/ND-CP and unchanged in Decree 70/2020/ND-CP.
- Required documents if applying for work permits under the labor contract working form:
- Form 11/PL1;
- Job position approval letter issued by the Provincial People's Committee;
- Criminal record issued by Vietnamese or foreign authority (valid in 06 months);
- Health Check Certificate issued by Vietnamese or foreign hospital/clinic (valid in 12 months);
- If a group of managers, executive positions:
+ Company business license; and
+ Company charter; and
+ Appointment letter.
- If a group of expert positions:
+ University degree or higher or equivalent; and
+ Working experience certificate which is having at least 03 years of working and a job title suitable to the job title that the foreign worker intends to work in Vietnam.
- If a group of technical labor positions:
+ Diploma or graduation certificate for 01 year of training; and
+ Working experience certificate which is having at least 03 years of working and a job title suitable to the job title that the foreign worker intends to work in Vietnam;
- 04x06cm photo, white background, no hat, no glasses, collared shirt;
- Passport of the application;
- Important note:
- All dossiers (degrees, diplomas, and experience certificates) awarded by foreign governments must be consular legalized by the Vietnamese embassy or consulate abroad, notarized, and translated into Vietnamese before being used in Vietnam.
- After having the Work permit, the employer shall submit the signed labor contract to the Dolisa. The signed labor contracts may be originals or notarized true copies.
INTERNAL TRANSFER WORKING FORM
- Regulated in Point b Article 2 of Decree 152/2020/ND-CP and unchanged in Decree 70/2020/ND-CP.
- Required documents if applying for work permits under the internal transfer working form:
- General documents are the same as the checklist of labor contract mentioned above;
- Documents to prove internal transfer:
+ Appointment letter or Assignment letter issued by the parent company overseas stating that they send their employee to work in the company in Vietnam;
+ Employment certificate issued by the parent company overseas proves that the applicant has been working in the country for at least 12 consecutive months;
- Important note:
- Documents to prove internal transfer can be in 02 separate letters or combined in 01 letter only. And these documents must be consular legalized before being used in Vietnam; and
- Name of the overseas parent company must be stated in the Vietnamese company business license in order to prove the relationship between the two companies.
MANAGERS, EXECUTIVES, EXPERTS, TECHNICAL LABORS WORKING FORM
- Regulated in Point i Article 2 of Decree 152/2020/ND-CP and unchanged in Decree 70/2020/ND-CP;
- Required documents if applying for work permits under the Managers, Executives, Experts, Technical Labors workings form:
- General documents are the same as the checklist of labor contract mentioned above;
- Documents to prove the foreign expatriates apply for work permits with this type of working form:
+ Appointment letter or Assignment letter issued by the parent company overseas stating that they send their employee to work in the company in Vietnam and suitable with the job title intends to work in Vietnam; or
+ Documents to prove manager position as regulated in Point 4 Article 3 Decree 152/2020.
Often, companies face difficulties when applying for work permits for foreign employees due to the numerous procedures and required documents. Moreover, state agencies frequently update and change their regulations, which can make it challenging for employers to prepare the necessary documents accurately. To save time, effort, and resources, it is best to seek help from an expert in this field. With 12 years of experience, we offer dedicated advice and answers to all your questions. Please trust and choose our services to ensure a smooth and hassle-free process.
OTHER INFORMATION ABOUT VIETNAM VISA, WORK PERMIT, AND TEMPORARY RESIDENCE CARD
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