HOW TO APPLY FOR VIETNAM WORK PERMIT

Vietnam Work Permit is issued for foreigners to work legally in Vietnam. The work permit should be obtained within three months of arrival in Vietnam. It is also possible to apply for the work permit in advance of arrival in the country. The employer usually helps organise the application on the employee’s behalf. Pursuant to Article 11 of the Degree No 11/2016/ND-CP issued on 3 February 2016 hereby details on the implementation of Labor Code regarding to the foreign labor working in Viet Nam, the validity of the issued work permit can not be more than 2 years. But first, they have to be listed as one of the applicable entities and provide enough related documents mentioned in the Labor Code. Moreover, there are some special cases of foreign workers who can be exempt from work permit, also stated in the law. For those who do not act fully in accordance with the law, they will receive revokes work permits or even expulsion from Vietnam.

THE TERM OF WORK PERMIT

The validity period of a work permit is equal to the duration of the labor contract to be signed as far as the period is less than 02 years.

WHO CAN APPLY FOR THE WORK PERMIT

Foreigners working in Viet Nam (hereinafter referred to as foreign workers) in one of the forms below:

1. Working under labor contracts;
2. Being transfer within an enterprise;
3. Performance of any of the following types of contract, namely economic, commercial, financial, banking, insurance, scientific and technical, cultural, sports, educational, vocational training or medical health contracts;
4. Providing services under contract;
5. Offering services;
6. Working for a foreign non-governmental organization which is permitted to operate pursuant to the law of Viet Nam;
7. Volunteers;
8. Foreigners responsible for establishing commercial presence;
9. Managers, executive directors, experts and technical workers;
10. Foreigners participating in a tender contract or project in Viet Nam.

CONDITIONS FOR ISSUANCE OF A WORK PERMIT

1. There is capacity for civil acts fully in accordance with the law.
2. There is health fit with the job requirements.
3. Not offenders or being prosecuted for criminal liability in accordance with the law of Viet Nam and foreign law.
4. Being approved in writing by the competent State agencies on the use of foreign workers.
5. Being a manager, executive director, expert or technician.

Foreign experts in one of the following cases:

• Having a written document proving him/her as an expert in 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.

Foreign managers and executive directors in one of the following cases:

• Managers of an enterprise as stipulated in Clause 18 of Article 4 of the Law on Enterprises or heads and deputy heads of an agency or an organization;
• Chief Executive Officers who lead and directly operate subsidiary units under agencies, organizations and enterprises;

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.

PROCEDURE FOR ISSUANCE OF A WORK PERMIT

• At least 30 working days before the date the foreign worker is expected to begin working for the employer, the employer must file an application for issuance of a work permit to the Department Labor - Invalids and Social Affairs where the foreign worker is expected to work.
• Within 07 working days from the date of receipt of an application for issuance of a work permit, the Department of Labor - Invalids and Social Affairs must issue a work permit for the foreign worker using forms the prescribed by the Ministry of Labor - Invalids and Social Affairs. In case a work permit is not granted, it must issue a written reply clearly stating the reason.
• For foreign workers stipulated in Point a, Clause 1 of Article 2 of this Decree, after issuance of a work permit, the employer and the foreign worker must sign a written labor contract in accordance with the labor law of Viet Nam before the expected date he or she starts working for the employer. Within 05 working days from the date of signing the labor contract, the employer must send a copy of the signed labor contract to the Department of Labor - Invalids and Social Affairs which has issued the work permit.

REQUIRED DOCUMENTS FOR APPLYING WORK PERMITS FOR FOREIGNERS IN VIETNAM

1. Work permit application form - Form 1 explanation of foreign labor usage plan
2. Work permission application letter - Form 7 the suggestion of issuing work permit for foreign employee
3. Passport must be notarized copies with full pages on A4 paper
4. Certificate of at least 3 years of working experience in the relevant position issued by the former employers, original hard copy, shows that the applicants have at least 3 years of working experience at the level of executive or higher. If it is issued outside of Vietnam, it must have consular legalization in order to be used in Vietnam.
5. Education degree: Bachelor or higher, photocopy. If it is issued outside of Vietnam, it must have consular legalization in order to be used in Vietnam
6. A valid criminal record issued by the applicant’s home country or by the Vietnamese Department of Justice
7. Health check certificate must be issued by the hospital/clinic appointed by DOLISA
8. Three recent passport-sized photos (These photos should be taken with bareheaded, frontal view, showing the face and ears clearly, without glasses, and on a white background and within the last 6 months from the date on which the expat lodges the application dossier for work permit)

Note: All documents provided by the authorized body of the country where the expat is a resident, must certified by native Ministry Foreign Affair or Notary Office before legalized by Vietnamese embassy or consulate overseas of the country where the expat is a resident

REVOCATION OF WORK PERMITS, EXPULSION OF FOREIGN WORKERS

Revocation of a work permit

1. Work permits lapse.
2. Work permits revoked because the employer or the foreign worker does not comply with this Decree.
3. Procedure for revocation of a work permit

·         For cases of work permits lapse, the employer shall revoke the work permit of the foreign worker to return to the Department of Labor - Invalids and Social Affairs which has issued the work permit;

·         For cases break the law, the Director of the Department of Labor - Invalids and Social Affairs which has issued the work permit shall issue a revocation decision and notify the employer to revoke the work permit of the foreign worker and return to the Department of Labor - Invalids and Social Affairs;

·         The Department of Labor - Invalids and Social Affairs shall issue a written document confirming revocation of work permit to the employer.

Expulsion of foreign workers

1. Foreign workers in Viet Nam without a work permit or written document confirming exemption from work permit as stipulated shall be deported under the Viet Nam law.
2. Within 15 working days from the date confirming the foreigner working in Viet Nam without a work permit, the Department of Labor - Invalids and Social Affairs shall request the police department to deport that foreign worker.

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