Vietnam is becoming an attractive destination for many foreign experts and workers. To work legally in Vietnam, foreign workers need a Work Permit. So, What Are The Procedures For Applying For A Work Permit? This article will provide detailed information about the necessary procedures, documents, and legal regulations related to applying for a Work Permit in Vietnam.
What is a work permit?
A work permit is a document issued by a competent authority of Vietnam, allowing foreigners to work legally in Vietnam. On this work permit, clearly state the employee’s personal information, job position, name and address of the employer.
Application of application for a work permit
An application of application for a work permit includes:
a) The employer’s written application for a work permit is made according to Form No. 11/PLI Appendix I issued together with Decree 70/2023/ND-CP. In case a foreign worker works for an employer at multiple locations, the written application for a work permit must fully list the working locations.
b) Health certificate issued in Vietnam or abroad within 12 months.
c) The criminal record issued issued no more than six months prior to the date of dossier submission or a document certifying that the foreign worker is not currently serving a criminal sentence, has not had a criminal record expunged, or is not under criminal investigation either in a foreign country or in Vietnam.
d) Documentation proving the status of a manager, executive director, expert, or technical worker:
- For the position of an expert: (i) A diploma, certificate, or document evidencing a qualification of at least university level or equivalent, along with a certification from a foreign authority, organisation, or enterprise confirming a minimum of three years of work experience relevant to the position the foreign worker is expected to undertake in Vietnam; or (ii) A practising certificate relevant to the position the foreign worker is expected to undertake in Vietnam, together with a certification from a foreign authority, organisation, or enterprise confirming a minimum of five years of work experience suitable for the position.
- For the position of a technical worker: (i) A diploma, certificate, or document evidencing that the foreign worker has undergone training for a minimum of one year relevant to the position they are expected to undertake in Vietnam, along with a certification from a foreign authority, organisation, or enterprise confirming at least three years of relevant work experience; or (ii) A certification from a foreign authority, organisation, or enterprise confirming a minimum of five years of work experience suitable for the position.
- For the position of a manager or executive director: (i) The company’s charter or operational regulations of the authority, organisation, or enterprise; (ii) The enterprise registration certificate or certificate of incorporation, establishment decision, or other legally equivalent documents; and (iii) A resolution or appointment decision issued by the authority, organisation, or enterprise evidencing the foreign worker’s compliance with the job title conditions as prescribed under Articles 3.4 and 3.5 of Decree No. 152 and Article 1.1(b) of Decree No. 70/2023/ND-CP.
e) 02 color photos with a size of 4×6 cm, white background, taken for no more than 6 months.
f) A copy of a valid passport or replacement document.
g) Documents related to foreign workers as prescribed in Article 9.8 of Decree 152/2020/ND-CP, amended by Article 1.5(c) of Decree 70/2023/ND-CP.
Note: Documents issued by foreign countries must be consularly legalized, translated into Vietnamese and notarized or authenticated according to current legal regulations.
The Procedures For Applying For A Work Permit
The Procedures For Applying For A Work Permit in Vietnam includes the following steps:
Step 1: Posting recruitment for Vietnamese workers:
From January 1, 2024, the announcement of recruitment of Vietnamese workers for positions expected to recruit foreign workers will be made on the Electronic Information Portal of the Ministry of Labour, War Invalids and Social Affairs (Department of Employment) or the Electronic Information Portal of the Employment Service Center decided to be established by the Chairman of the People’s Committee of the province or centrally-run city within at least 15 days from the expected date of reporting to the Ministry of Labour, War Invalids and Social Affairs or the Department of Labour, War Invalids and Social Affairs where the foreign worker is expected to work.
Step 2: Applying for approval of the need to use foreign workers
At least 15 days prior to the date the foreign worker is expected to commence employment in Vietnam, the employer must submit a report explaining the need to employ foreign workers to the Department of Labour, War Invalids and Social Affairs where the enterprise is headquartered, or to the Ministry of Labour, War Invalids and Social Affairs in cases where the foreign worker is employed by an employer operating in multiple provinces or centrally governed cities.
Within 10 working days from the date of receipt of the explanatory report or the amended report on the need for employing foreign workers, the Ministry of Labour, War Invalids and Social Affairs or the Department of Labour, War Invalids and Social Affairs shall issue a written approval or disapproval regarding the employment of foreign workers for each job position.
Step 3: Preparing the application for a work permit
After being approved for the need to employ foreign workers, the employer shall prepare a complete application as stated in Section 2.
Step 4: Submitting the application for a work permit
The application shall be submitted to the Department of Labour, War Invalids and Social Affairs where the foreign worker is expected to work or to the Ministry of Labour, War Invalids and Social Affairs in cases where the foreign worker is employed by an employer operating in multiple provinces or centrally governed cities.
Step 5: Obtaining Result
Within 5 working days from the date of receipt of a complete and valid application, the competent authority will issue a work permit to the foreign worker.
Duration of Work Permit
The work permit has a maximum validity of 2 years and is governed by the provisions of Article 10 of Decree No. 152/2020/ND-CP. Upon expiration of the work permit, if the foreign worker wishes to continue working, they must apply for an extension. The work permit can only be extended once, with a maximum extension period of 2 years.
Cases of exemption from work permit
Some cases in which foreign workers are exempt from work permit include:
- Being a capital contributor or owner of a limited liability company.
- Being a member of the Board of Directors of a joint-stock company.
- Head of Representative Office, project of international organizations and NGOs in Vietnam.
- Entering Vietnam with a period below the service offering.
- Entering Vietnam with a period of less than 3 months to handle incidents and complex technical situations.
However, even though they are exempt from work permit, foreign workers must still apply for a certificate of exemption from work permit.
Notes when carrying out The Procedures For Applying For A Work Permit
In order for The Work Permit Application procedure to go smoothly, employers and foreign workers need to pay attention to some important points:
- Complete and accurate preparation of documents: Documents issued by foreign countries must be consular legalised and notarised. Omissions or discrepancies in records may result in denial of authorization.
- Comply with the deadline for submitting documents: Employers need to ensure to submit applications for work permit at least 15 working days before the expected date when employees start working.
- Consider the cases of exemption from work permit: If the employee is exempt from the work permit, it is necessary to submit an application to apply for a certificate of exemption to avoid being sanctioned.
- Follow the latest legal regulations: Labour laws in Vietnam change frequently, so it is necessary to update new regulations to ensure proper compliance with current processes and regulations.
Applying for a Work Permit for foreign workers in Vietnam is a mandatory procedure and requires strict compliance with the law. The steps from preparing documents, applying for approval of the need to use foreign workers to submitting applications for permit need to be carried out in accordance with the process. To ensure that this process goes smoothly, employers should carefully study the relevant regulations or ask for the support of professional organizations and service companies. This not only saves time but also ensures accuracy and full compliance with legal regulations. If you are in need of applying for a work permit or want to learn more, please refer to the relevant legal regulations or contact an expert for more detailed advice.
The above is an overview of The Procedures For Applying For A Work Permit. If you have difficulties in finding a Law Firm to advise and support in the relevant legal field, please contact us. Phuoc & Partners is a professional consulting firm established in Vietnam and currently has nearly 100 members working in three offices in Ho Chi Minh City, Hanoi and Danang. Phuoc & Partners is also rated as one of the leading consulting firms in Vietnam with highly specialised teams in top legal fields such as Labour and Employment, Taxation, Merger and acquisition, Litigation. We are confident in providing customers with optimal and effective service.
