Under the latest regulation named Decree No. 70/2023/ND-CP issued and took into effect on the same day 18 September 2023 detailing the implementation regulation for foreign laborers working in Viet Nam. There are 03 cases in which the Work Permit needs to go through the replacement procedure: a valid work permit is lost, damaged, and changing information of the foreign employees and the employer. The application for replacement of a work permit should be made as soon as possible when the information on the work permit changes or as soon as the work permit is lost or damaged. Under the latest regulation named Decree No. 70/2023/ND-CP issued and took into effect on the same day 18 September 2023 detailing on the implementation regulation for foreign labors working in Viet Nam, if the current work permit within valid period is lost, damaged or the content of the work permit is changed, foreign workers must apply for a replacement one.
Normally, all foreigners looking to perform work in Vietnam are required to obtain a work permit. Due the Decree 152/2020/ND-CP and changing in Decree 70/2023/ND-CP, there are 20 cases that which foreign labor workers do not need apply for Work Permit. However, it does not mean that both employers the foreign employees do not take any action. Full procedure 03 steps must be followed like work permit case, except special ones that not need to prove the demand of using foreign labor workers. The exemption application will be submitted to the local Department of Labor, Invalid and Social Affairs as usual. In this article, Visa5s.com will help in sharing how to obtain Work permit exemption certificate, from information about legal basis, provisional of documents and document preparation guidance.
Throughout the pandemic, Vietnam's economy has been on a path to recovery. As a nation in Southeast Asia, Vietnam stands out for its ability to draw foreign investment, and it has been proactive in opening its doors to foreign workers with commendable expertise and work ethic. In line with global standards, the Vietnamese government has established precise legal frameworks to safeguard stakeholder rights and regulate the employment of foreign labor. Non-compliance by businesses and foreign workers complicates the management efforts of government, potentially leading to fines and legal blacklisting of offenders. To keep pace with the evolving practices of businesses and foreign workers, Vietnamese laws are regularly updated and refined. The most recent legislative development is the issuance of Government Decree No.: 152/2020/ND-CP, and accompanied by Decree No. 70/2023/ND-CP amending and supplementing a number of articles of this decree. Let Visa5s.com to update the application procedures to Work Permit Renewal in Vietnam for foreign workers.
In accordance with Decree No. 70/2023/ND-CP of the Government and Decree No. 152/2020/ND-CP, foreigners who work, invest, or have spouses who are Vietnamese are currently required to follow new processes and submit comprehensive documentation in order to apply for a work permit or work permit exemption certificate in Vietnam. Starting January 1, 2024, companies are required to post recruitment news for Vietnamese workers in positions intended to recruit foreign workers via the public service portal of the Department of Employment of the Ministry of Labor, War Invalids, and Social Affairs, or the Electronic Information Portal of the Employment Service Center. This posting will be posted at least 15 days before the expected date of the explanation report with the Department of Labor, War Invalids, and Social Affairs of the province or city where the foreigner is expected to work. In this article, we will provide an overview of specific cases and subjects exempted from Vietnam Work Permits, as well as the application conditions and documentation required for compliance with regulations. All of the above-mentioned concerns will be shared in detail in this article on Visa5s.com.
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.
Pursuant to Decree 70/2023/ND-CP issued on September 18, 2023 on amending and supplementing a number of articles of Decree 152/2020/ND-CP about Vietnam Work Permit, work permit extension or exemption certificates for foreigners. If the foreign employee who has been granted a work permit plans to continue working in Vietnam, the sponsored company must carry out procedures to apply for work permit extension for foreigners according to law and ensure prescribed conditions. Applications to extend work permits for foreigners must be submitted to the local Department of Labor at least 5 days but no more than 45 days before the expiration date of the current work permit. Along with changes in law, the recruitment process for foreign employees is becoming increasingly strict. According to regulations from January 1, 2024, companies need to comply and promptly post labor recruitment on the website of the Department of Employment or Job Introduction Center, explaining the demand to use foreign employees as soon as possible so as not to affect the timeframe to apply for work permit extension.
Under Vietnam labor law, any foreigner must obtain a Work Permit to work legally in Vietnam. There are various types of Work Permit including Work Permit for teachers, workers, legal representatives, directors,… In this article, we will provide the A to Z procedure to help foreign teachers (teaching English, French, Japanese, Chinese,…) apply for and obtain their Work Permit in Vietnam. While other kinds of Work Permit just require University degree as a proof for education background, a professional certificate in teaching is also a must for teaching cases. The government of Vietnam will deport any foreigner who is working in Vietnam without a work permit, or on an expired one. As for employers, an administrative penalty ranging from VND5 million to VND10 million will apply if they fail to, or insufficiently report, any employment of foreigners to the authorized agencies.
Based on Vietnam Labor and Immigration Laws, foreign workers working in Vietnam must process a number of procedures and legal frameworks that must be understood. In this article, we discuss the documents necessary for the foreign labors in Vietnam, including Short-Term Business Visas; Work Permits or Work Permit Exemption and Temporary Residence Cards. The companies seeking to employ foreign nationals, they must apply and get the short-term business approval letter for at least 3 months in advance in order to obtain the Vietnam’s visa, then a recruitment plan by the company must be submitted at least thirty days in advance of the worker's arrival to the provincial Department of Labor, Invalids and Social Affairs (DoLISA). Or where the work permit is not compulsory, a notice must be submitted seven days in advance to the DoLISA prior to working in Vietnam. Currently, Vietnam 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
