Currently, the need to use foreign workers has become popular thanks to the open-door policy for foreign investment in Vietnam. Therefore, businesses must carry out procedures to apply for work permits for foreign workers.
WHAT IS A WORK PERMIT?
Contents of work permits for foreigners in Vietnam
A work permit is an official certificate issued by the Ministry of Labor, War Invalids, and Social Affairs to foreigners working legally in Vietnam. The information on the work permit contains complete personal information of the employee; name and address of the working organization, and working position.
Foreigners are required to do the job exactly as stated in the permit, otherwise, it will be illegal. Foreigners working in Vietnam without a work permit will be deported from the Vietnamese territory. Besides, the work permit is also valid for a certain period of time. After the expiration, if the organization wishes to continue employing this worker, it must renew the work permit per the law.
AUDIENCE OF WORK PERMIT IN VIETNAM
Workers who are foreign nationals moving to Vietnam for employment (hereinafter referred to as foreign workers) for the purposes of:
- Performing employment contracts;
- Performing intra-company transfer program;
- Performing contracts or agreements on business, trade, finance, banking, insurance, science and technology, culture, sports, education, vocational training, and health;
- Providing services under contracts;
- Offering services;
- Working for a foreign non-governmental organization or an international organization in Vietnam that has been granted operating licenses in accordance with Vietnam law;
- Working as managers, executives, experts, and technical workers;
- Performing packages or projects in Vietnam.
CONDITIONS FOR FOREIGNERS TO GET WORK PERMITS IN VIETNAM
According to regulations, in order to apply for a work permit, a foreign worker must meet the following conditions:
- Foreign workers must have full civil act capacity as prescribed by law.
- Foreign workers must have health suitable for the job requirements.
- Foreign workers must not be criminals or be examined for penal liability in accordance with Vietnamese and foreign laws.
- The foreign worker must be a manager, executive director, expert, or technical worker, with all the supporting documents specified in Article 3 of Decree 152 as follows:
♦ For expert position
- A university degree or higher and verification of at least 3 years working experience in a trained specialty suitable for the job position that the foreign worker is expected to work in Vietnam, legalized consul; or
- Verify the experience of at least 5 years and the practice certificate suitable to the job position that the foreign worker is expected to work in Vietnam, which is consular legalized.
♦ Technical labor
- Certificate of training in technical or other majors for at least 1 year and certification of at least 3 years experience in the consular legalized or trained major;
- Verify that the experience of at least 5 years at the job position is suitable for the job position that the foreign worker is expected to work in Vietnam.
♦ Executives, Managers
- Decision appointment;
- Verify that the experience of at least 3 years at the job position is suitable for the position that the foreign worker is expected to work in Vietnam.
CONDITIONS FOR GUARANTEED ENTERPRISES AND ORGANIZATIONS TO GIVE WORK PERMITS
- Enterprises operating under the Enterprise Law, Investment Law, or international treaties to which the Socialist Republic of Vietnam is a signatory;
- Bidders making bids or performing contracts;
- Representative offices, branches of enterprises, agencies, and organizations licensed to be set up by competent agencies;
- Regulatory agencies, political organizations, socio-political organizations, socio-political professional organizations, social organizations, or socio-professional organizations;
- Foreign non-governmental organizations licensed by competent authorities of Vietnam in accordance with Vietnam’s laws;
- Public sector entities, and educational institutions established as per the law;
- International organizations, offices of foreign projects in Vietnam; agencies and organizations licensed by the Government, the Prime Minister, ministries, or central authorities as per the law;
- Executive offices of foreign investors in business cooperation contracts or those of foreign contractors awarded operating licenses by the law;
- Law-practicing organizations in Vietnam as per the law;
- Cooperatives and cooperative unions established and operated in accordance with the Law on cooperatives; and
- Household businesses and individuals licensed to do business in accordance with the law.
CASE OF FOREIGN EMPLOYEES NOT REQUIRED FOR WORK PERMIT
- Foreign workers who are not subject to work permits:
- Being the owner or capital contributor of a limited liability company with a capital contribution value of VND 3 billion or more.
- Being the Chairman of the Board of Directors or a member of the Board of Directors of a joint-stock company with a capital contribution value of 3 billion VND or more.
- Intra-enterprise movement within 11 service industries in Vietnam’s service commitment schedule with the World Trade Organization, including business, information, construction, distribution, education, environment schools, finance, health, tourism, culture, entertainment, and transportation.
- Entering Vietnam to provide professional and technical consulting services or perform other tasks for research, development, appraisal, monitoring and evaluation, program management and implementation, and projects using official development assistance (ODA) according to regulations or agreements in international treaties on ODA signed between competent Vietnamese and foreign agencies.
- Licensed by the Ministry of Foreign Affairs to operate information and press in Vietnam in accordance with the law.
- To be sent to Vietnam by a competent foreign agency or organization to teach or conduct research at an international school under the management of a foreign diplomatic mission or the United Nations; establishments and organizations established under agreements that Vietnam has signed or joined.
- Volunteers specified in Clause 2, Article 3 of Decree 152/2020/ND-CP.
- Entering Vietnam to work as a manager, executive director, expert or technical worker with a working period of fewer than 30 days and no more than 3 times a year.
- Enter Vietnam to implement international agreements signed by central and provincial agencies and organizations in accordance with the law.
- Pupils and students studying at overseas schools and training institutions that have agreements on internships in agencies, organizations, and enterprises in Vietnam; trainees and trainees on Vietnamese ships.
- Relatives of members of foreign representative missions in Vietnam specified at Point l, Clause 1, Article 2 of Decree 152/2020/ND-CP.
- Having an official passport to work for state agencies, political organizations, and socio-political organizations.
- Person responsible for establishing a commercial presence.
- Being certified by the Ministry of Education and Training for foreign workers to enter Vietnam for teaching and research purposes.
DOCUMENTS FOR FOREIGN WORKING PERMIT
- An application form for issuance of a work permit No. 11/PLI Appendix I hereto appended.
- A fitness-to-work certificate issued by a foreign or Vietnamese competent health facility issued within 12 months before the submission date of the application or the certificate as specified in regulations of the Minister of Health.
- A police (clearance) certificate or a document certifying that the foreign worker is not serving a sentence, has a criminal record expunged, or is not facing criminal prosecution is issued by a foreign or Vietnamese authority.
- The foregoing policy (clearance) certificate or document certifying that the foreign worker is not serving a sentence, has a criminal record expunged, or is not facing a criminal prosecution must be issued within 6 months before the submission date of the application.
- Proofs as a manager, executive, expert, technical and certain jobs, works as follows:
♦ Proof of being a manager, or executive director.
♦ Papers proving that they are experts or technical workers include diplomas, certificates, and written certifications of agencies, organizations, or enterprises abroad about the number of years of experience of the experts and technical workers.
♦ A document proving the experience of a foreign football player or an International Transfer Certificate (ITC) issued to a foreign footballer or a document from the Vietnam Football Federation confirming temporary/official registration information for players of the Vietnamese club.
♦ Aircraft pilot license issued by a competent authority of Vietnam or a foreign country and recognized by a Vietnamese agency.
♦ Certificate of professional qualifications in the field of aircraft maintenance, issued by a competent Vietnamese agency or a foreign country and recognized by a Vietnamese agency.
♦ Certificate of professional competence issued by a competent Vietnamese authority to foreign seafarers.
♦ Certificate of high achievement in the field of sports and certified by the Ministry of Culture, Sports and Tourism for sports coaches or having at least one of the qualifications such as a B degree in football coach of AFC or AFC Level 1 Goalkeeper License or AFC Level 1 Fitness Coach Diploma or AFC Level 1 Futsal Coach Degree or any equivalent training qualification recognized by AFC.
♦ Diplomas granted by competent authorities meet the requirements on qualifications and standard qualifications according to the Law on Education, the Law on Higher Education, the Law on Vocational Education, and the Regulation on organization and operation of foreign language and information centers learn.
- 02 color photos (size 4 cm x 6 cm, white background, straight face, bare head, not wearing colored glasses), photos were taken not older than 06 months from the date of application.
- Written approval of the need to employ foreign workers, except for cases where the need for employment is not required.
- Certified copy of valid passport.
- Documents related to foreign workers:
- In case of intra-enterprise relocation: A document from a foreign enterprise sending to work in Vietnam is required and a document proving that he or she has been employed by that enterprise before working in Vietnam for at least 12 consecutive months. customary.
- Performing all kinds of contracts or agreements on economic, commercial, financial, banking, insurance,…: Agreement on foreigners working in Vietnam.
- Contracted service provider: Must have a service provision contract signed between a Vietnamese and foreign partner and a document proving that he has worked for a foreign enterprise without a commercial presence in Vietnam. at least 2 years.
- Service offering: There must be a document from the service provider sending foreign workers to Vietnam to negotiate service provision.
- Working for a foreign NGO or an international organization in Vietnam: There must be a document from the agency or organization sending foreign workers to work for a foreign NGO or international organization. in Vietnam, except for the implementation of labor contracts and operation permits of foreign non-governmental organizations and international organizations in Vietnam.
- Managers, executives, experts, and technical workers: Must have documents from foreign enterprises, agencies, and organizations sent to work in Vietnam and suitable to the intended position.
PROCEDURES FOR APPLICATION OF WORK PERMIT FOR FOREIGN WORKERS
Before applying for a work permit: An application for approval of the need to employ foreign workers is required, except for some cases such as when the foreigner is the head of a representative office of an international organization in Vietnam. Vietnam with less than 03 months to offer services, is the owner of a limited liability company with a capital of 3 billion VND.…
Procedures for applying for a work permit:
Step 1: Prepare documents
Step 2: Submit your application
♦ Employer: If the foreigner works in the following form:
- Execution of employment contract.
- Moving within the enterprise.
- Working for foreign non-governmental organizations, international organizations in Vietnam are allowed to operate in accordance with the provisions of Vietnamese law.
- Managers, executives, experts, and technical workers.
♦ Vietnamese agencies, organizations, and enterprises or foreign organizations and enterprises operating in Vietnam: If foreigners work in the following forms:
- Performing all kinds of contracts or agreements on economic, commercial, financial, banking, insurance, science and technology, culture, sports, education, vocational education, and health.
- Contracted service provider.
♦ Foreign workers:
- Entering Vietnam to offer services.
- Person responsible for establishing a commercial presence.
- Place of submission: Ministry of Labor – Invalids and Social Affairs or Department of Labor – Invalids and Social Affairs where the foreigner is expected to work.
- Deadline for submission: At least 15 days before the date the foreigner is expected to start working in Vietnam.
Step 3: Get a work permit
- Within 05 working days from the date of receipt of complete dossiers: The Ministry of Labor – Invalids and Social Affairs or the Department of Labor – Invalids and Social Affairs shall issue work permits to foreign workers according to the form;
- In case of refusal to issue a work permit: Answer in writing and clearly state the reason.
- Labor Code 2019;
- Decree No. 152/2020/ND-CP on foreign workers working in Vietnam and recruitment and management of Vietnamese workers working for foreign employers in Vietnam
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