Vietnam Visa | Work Permit Vietnam | Residence Card Services

As per the newest Decree No. 70/2023/ND-CP of the Government, which amends and supplements some articles of Decree No. 152/2020/ND-CP about how to apply Vietnam work permit for foreign workers.The procedure and steps to get a Work Permit will be changed from January 1, 2024 at step explain for the working problems. To provide the need to hire foreign workers, employers must post recruiting Vietnamese workers for positions that are expected to recruit foreign workers, at least 15 days in advance of the expected date of explanation report to the Department of Labor, Invalids, and Social Affairs. Foreign workers who enter Vietnam to work under labor contracts signed with foreign companies, businesses, contractors, or foreign representative offices in Vietnam are required to have a Work Permit or work permit exemption issued by the Department of Labor, Invalids, and Social Affairs of the province/city. This is the highest legal basis that allows foreign workers to work and stay legally in Vietnam, as per the regulations.

CONDITIONS FOR FOREIGN EXPATRIATES TO BE GRANTED VIETNAM WORK PERMITS 2024

Have full civil act capacity according to the provisions of law;
Have good health suitable to job requirements;
Be a manager, executive, expert, or technical worker;
Foreign workers who practice medical examination and treatment, directly examine and treat diseases in Vietnam, or work in the field of education, training, and vocational training must meet all conditions as prescribed by Vietnamese law on medical examination, treatment, education, training, and vocational training;
Not be a criminal or be prosecuted for criminal liability according to Vietnamese and foreign laws;
Be approved in writing by a competent state agency on the employment of foreign workers.

LATEST UPDATE REGULATIONS FOR APPLYING VIETNAM WORK PERMIT 2024

Vietnam work permits issued to foreign workers have a maximum term of no more than 2 years and are allowed to extend the Work Permit under the conditions permitted by the decree. In addition, when Decree 70/2023/ND-CP of the Government takes effect, businesses and foreign workers need to pay attention to the latest points on procedures and document components ofthe Work permit application in 2024 as follows:

Background knowledge: Foreign labor workers are not requiredto specialized training in the major being trained, applicable to the title group of Experts and Technical Labor.
Working experience certificate: Can use the granted work permit or work permit exemption.
For the Manager/Executive Directortitle group:The Decree goes into detail for 02 cases:

Head of branch, representative office, or business location of the enterprise; or
The person who leads and directly operates at least one area of an agency, organization, or enterprise and is subject to the direct direction and management of the head of the agency, organization, or enterprise.

Therefore, in this case, it can be applied to job titles and positions such as Factory Director, Technical Director, ...

Process and steps to apply for a Vietnam Work Permit: From January 1, 2024, businesses must take one more step to announce the recruitment of Vietnamese workers for positions expected to recruit foreign workers on the electronic portal of the Department of Employment or the Employment Service Center;

Passport: It can be used a photocopy with the confirmation stamp of the business/employer in addition to the notarized true copy.

Regarding the document requirement: There are new changes for each title group as follows

Managers need to provide Company Charter/Operating Regulations; Business registration certificate/Establishment license; and Resolution or Appointment Decision of the enterprise;
Experts and technical workers with documents proving work experience can use the issued work permit along with the work experience certificate that has been consular legalized according to regulations;

Foreign workers whose work permit has been renewed once: if they wish to continue working at the enterprise with the same job position and title, they must carry out the procedure for granting a new work permit. In special cases, it is not necessary to provide criminal records, documents proving expertise, or technical labor compared to the application for a new work permit;
Work permit exemption: Foreign lawyers with practice licenses and Foreigners married to Vietnamese people living in Vietnam who do not have to carry out procedures to determine the need to use work permits. employing foreign workers; Foreigners married to Vietnamese people need to carry out procedures to request confirmation of work permit exemption with the Department of Labor, War Invalids, and Social Affairs where the foreign worker is expected to work.

DETAILED STEPS TO APPLY VIETNAM WORK PERMIT FOR FOREIGN EXPATRIATES 2024

Processing step	Description of procedures for a Vietnam Work Permit application in 2024	Processing time
Step 1	Enterprises announce labor recruitment on the electronic portal of the Department of Employment of the Ministry of Labor, Invalids and Social Affairs or the Employment Service Center under the Provincial/Central City People's Committee	15 working days
Step 2	Enterprises submit documents for approval of foreign labor recruitment positions, also known as explaining the need to use foreign workers.	10 working days
Step 3	Submit an application for a Vietnamese Work Permit for foreigners after obtaining written approval of job positions employing foreign workers from the Department of Labor, Invalids, and Social Affairs.	05 working days

REQUIRED DOCUMENTS NEED TO BE PREPARED FOR WORK PERMIT APPLICATION – APPLIED FOR EACH JOB POSITION

DOCUMENTS LIST

MANAGER/EXECUTIVE DIRECTOR

EXPERT

TECHNICAL LABOR

DOCUEMTNS APPLIED FOR EACH JOB POSITION

Business license;
Company rules;
Resolution or Appointment Decision of the company.

Case 1:

University degree or higher or equivalent;
Confirmation of experience proving that the foreign worker has at least 3 years of work experience suitable for the job position expected to work in Vietnam.

Case 2:

Practicing certificate;
Confirmation of experience proving that the foreign worker has at least 5 years of work experience suitable for the job position expected to work in Vietnam.

Case 1:

Diploma or certificate proving training for at least 1 year;
Confirmation of experience proving that the foreign worker has at least 3 years of work experience suitable for the job position expected to work in Vietnam.

Case 2:

Confirmation of experience proving that the foreign worker has at least 5 years of work experience suitable for the job position expected to work in Vietnam

GENERAL DOCUMENTS APPLIED FOR ALL JOB POSITIONS

Form No. 11/PLI, Appendix I issued with Decree No.152/2020/ND-CP;
Job position approval letter granted;
Vietnamese criminal record or foreign criminal record issued by a foreign country;
Vietnamese Health Examination Certificate or Health Examination Certificate issued by a foreign hospital or clinic;
02 color photos (4cm x 6cm, white background, straight face, bare head, no colored glasses), taken no more than 06 months before the date of application;
Passport must be a certified copy or a copy certified by the sponsoring company

WHY DO FOREIGNERS WORKING IN VIETNAM HAVE TO HAVE A WORK PERMIT?
Under Decree 88/2015/ND-CP amending Article 22 of Decree 95/2013/ND-CP on administrative sanctions for both employers and foreign workers working in Vietnam without a work permit or without a work permit exemption certificate as follows:

Penalties for employers

Foreign employers working in Vietnam must have a work permit or confirmation that they are not required to apply for a work permit. Therefore, when an enterprise does not comply with the provisions of this Decree on applying for work permits for foreigners, the employer of foreign workers will be subject to administrative sanctions as follows:

Applicable cases	Form of sanction
The employer does not notify the situation of using foreign workers to the government authority or reports without ensuring the content and deadline as prescribed by regulations.	Fine from 1,000,000 VND to 2,000,000 VND
Employers who use foreign workers to work in Vietnam without a work permit or without a confirmation that they are exempted from a work permit or employ foreign workers with expired work permits.	Fine from 30,000,000 VND to 45,000,000 VND for violations from 01 person to 10 people; Fine from 45,000,000 VND to 60,000,000 VND for violations of 11 to 20 people; Fine from 60,000,000 VND to 75,000,000 VND for violations of 21 or more people.
Additional sanctions for employers who violate regulations in Clause 2, Article 22 of Decree 88/2015/ND-CP.	Suspension of operations from 01 month to 03 months

Penalties for foreign workers

Deport foreign workers working in Vietnam who commit one of the following acts:

Working in Vietnam but without a work permit as prescribed by regulation, except in cases are exempted from a work permit;
Using an expired work permit.

THE NECESSARY DOCUMENTS FOR FOREIGN WORKERS IN VIETNAM

When foreigners working in Vietnam, there are a number of procedures and legal frameworks that must be understood. In this article, we discuss the documents necessary for a foreign worker in Vietnam, including:

Short-term Business Visa
Vietnam Work Permit/ Work permit Exemption Certificate
Temporary Residence Cards/ Long Term Working Visa.

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

Work Permit Application 2024

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