In accordance with Decree No. 11/2016/ND-CP (“Decree No. 11”) Detail regulations on implementing a number of articles of the labor code regarding foreign workers in Vietnam, foreign workers work in Vietnam must produce their work permit, except the cases in which the foreign workers are exempt from applying for the work permits under Article 7 of Decree 11. Foreign workers in Vietnam shall be expelled when working without work permit and when employing foreign workers without work permits, the employer shall be liable to a fine of from VND 30,000,000 VND to VND 75,000,000 (in accordance with Article 22 of Decree No. 95/2013/ND-CP, on penalties for administrative violations against regulations on labor, social insurance and overseas manpower supply.).
A.Cases of applying for a work permit:
- Issue new work permit:
- The foreign workers has not ever had a work permit;
- The foreign workers has a valid work permit, working for another employer at the same position;
- The foreign workers has a valid work permit, working for the former employer at the different position;
- The foreign workers whose work permit is no longer valid, want to continue to work in the same position.
- Re-issue work permit/ work permit extension:
- The unexpired work permit is lost or damaged or the contents stated in the issued work permit are changed, exception for extraordinary cases.
- The work permit is still valid from 05 to 45 days.
- Foreign citizens working in Vietnam who are exempt from work permit as below (Articles 172, section 3, chapter 11, Labor code 2013) :
There are many cases that are exempted for work permit, embrace:
- Capital-contributing members or owners of limited liability companies.
- Members of the Board of Directors of joint-stock companies.
- Chiefs of representative offices and directors of projects of international organizations or non-governmental organizations in Vietnam.
- Those who stay in Vietnam for under 3 months to offer services for sale.
- Those who stay in Vietnam for under 3 months to deal with complicated technical or technological problems that adversely impact or are at risk of exerting adverse impacts on production and business activities and these problems cannot be handled by Vietnamese and foreign experts who are currently in Vietnam.
- Other cases as stipulated by the Government.
However, in order to be exempted for work permit, the foreign worker must submit a dossier for confirmation and explanation to the Department of Labor, War Invalids and Social Affairs.
B.Important notes when making a work permit:
- Essential documents need to be well-prepare to seek government’s approval for issuing working permit: Official Approval Letter of recruiting foreign workers; Degrees of the workers; Confirmation of working experience abroad or confirmation of acting as an expert in the relevant position; criminal Records; Health Certificate (Depending on each case of applying for work permit which has each particular type of documents as required).
- Foreigner’s documents must be consular legalization, translated into Vietnamese and authenticated in accordance with the Vietnam law.
- The major on their degree and designation of working in the foreign confirmation of experience should be equivalent to the position of work which plan to applying for work permit in Vietnam.
- The Vietnamese or foreign criminal record must be issued within 06 months prior to the submission of the application.
- The health certificate or report on medical examination which is issued by the foreign or Vietnamese authorized health organizations or agencies and takes effect within 12 months from the signing date of conclusion of heath status to the date of application.
- When submitting the dossier, it is essential to be well-prepare and reasonably explain to the State officials about each specific dossier.
C.Working Permit Services of Pham Consult
With a wealth of experience in applying for Work permit as well as other personal identification for foreigners, Pham Consult shall provide work permit services with the most reasonable cost, assisting you in getting work permit in most convenient ways:
- Consult conditions and procedures for granting work permit;
- Consult, prepare for official dispatch explaining the need for foreign workers, forms for applying for a work permit;
- Be on behalf of clients for submitting and receiving the results at state agencies;
- Support clients to contact agencies of translation and certificated docs;
- Consult, explain to the Department of Labor – Invalids and Social Affairs in case of arisen problems.
Please contact us as the following mailing address if you have any questions regarding your Work permit. Pham Consult always desires and undertakes that shall bring to clients the best consultancy and supporting with the most reasonable cost.