PROCEDURES FOR VIETNAM'S VISAS AND WORK PERMITS

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

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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 Visas
Work Permits
Temporary Residence Cards

VIETNAM WORK PERMIT – EXEMPTED CASES FOR FOREIGNERS

Foreigners enter Vietnam to work are required a work permit, except these following cases:

Foreigners work in Vietnam shorter than 03 months;
Foreigners are the members of a limited liability company with two members or more;
Foreigner who owned a limited liability company with a member (except an authorized representative);
Foreigners who are the Board of Directors members of the joint-stock company;
Foreign workers entering Viet Nam to provide services;
Foreigners enter Vietnam for 03 months to handle emergency problems such as incidents, technical situations, arising complex technologies that affect or likely to affect production, business that Vietnamese experts or foreign experts currently in Vietnam cannot handle. If the time for the said matters is more than 03 months, they have to apply for a work permit.

PERSONAL DOCUMENTS THE APPLICANTS MUST HAVE FOR WORK PERMIT

You should contact a trusted work permit service provider to get the furthest information. Basically, following are documents you must prepare and submit to your provider:

Education background i.e bachelor, master, doctorate or appropriate qualifications;
A letter of working experience confirmation from former employers at least 3 years in the relevant position
Foreign Police Clearance Certificate

HOW TO LEGALIZE THE FOREIGN DOCUMENTS FOR USE IN VIETNAM

A lot of documents are required during a lengthy process. You may get your documents notarized and legalized in the wrong way or you may forget to prepare some documents which result in work permit rejection. Procedures for consular legalization of foreign documents shall be carried out when foreigners do business or work in Vietnam shall present the competent authorities or partners the necessary foreign documents to support their operation. These documents must be legalized via 2 options below:

Option 1: Legalized by native Ministry Foreign Affair and Vietnamese embassy or consulate overseas of the country where the expat is a resident “RECOMMEND”

Option 2: Certified by home country embassy or consulate in Vietnam then legalized by Ministry of Foreign Affair in Vietnam

REQUIRED DOCUMENTS FOR APPLYING WORK PERMIT IN VIETNAM

Before at least 30 days since the day foreign labors anticipated to work for employer units (companies, contractors, representative offices,..), these units shall submit documents as requested to grant work permit to Department of Labour, Invalids and Social Welfares at where foreign labor expected to work.

Request for issuance of a work permit from the employer in accordance with regulations of the Ministry of Labor - Invalids and Social Affairs;
Health certificate or medical certificate issued by a competent foreign or Vietnamese health care agency or organization valid for 12 months from the date of signing to the application date;
Foreign Police Clearance Certificate or Vietnam Criminal Record confirming the foreign worker is not an offender or being prosecuted for criminal liability, this document must be issued within 06 months from the issuance date to the application date.
Proof showing he/she as a manager, executive, expert or technician
Foreign managers and executive directors in one of the following cases

Managers of an enterprise such as the manager of the company or manager of private company, who is either an owner of a private company, a general partner, the Chairpersons of the Board of members, a member of the Board of members, the company's President, the Chairperson of the Board of Directors, a member of the Board of Directors, the Director/General Director, or a person holding another managerial position who is entitled to enter into the company’s transactions on behalf of the company according to the company’s charter, or heads and deputy heads of an agency or a organization;
Chief Executive Officers who lead and directly operate subsidiary units under agencies, organizations and enterprises.

Foreign experts and Technical workers in one of the following cases

Having a written document proving him/her as an expert of a foreign agency, organization or enterprise;
Having a college degree or equivalent or higher qualifications and have at least three-year working experience in the field consistent with the position that the foreign workers are expected to work in Viet Nam; special cases shall be considered and decided by the Prime Minister.
Technical workers who had received technical or other specialized training for least 01 year and worked at least 03 years in the sector of specialized training.

The written approval of Department of Labor, War Invalids and Social Welfare.
2 recent color photos with size 4x6cm (white background, front, bareheaded, without sunglasses), taken within 06 months prior to the application date.
2 notarized copies with full pages (the notarization procedure can be made in Vietnam by public notary office within 3 months before the submission date)

The foreign documents including the Foreign Police Clearance Certificate, health certificates, and certificate of working experiences in foreign languages must be legalized and translated into Vietnamese and certified in accordance with regulations of Vietnam.

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