4 common difficulties when applying for a work permit

4 common difficulties when applying for a work permit. How to get a Work permit for foreigners in Vietnam? Enterprises wishing to employ foreign workers must apply for a work permit for this subject; naturally, when applying for this permit, they will encounter problems and difficulties. Let us learn about this topic with LSX law firm as follow:

Difficulties when applying for a work permit: Long interactive work permit application time

For a foreign worker to be granted a work permit in Vietnam; the employer must carry out different procedures, which take quite a while:

– Firstly, apply for approval of the request to use foreign workers: 10 working days (Article 4 of Decree 152/2020 / ND-CP);

– Secondly, apply for legal records: 10 days; the case needs to be verified up to 15 days (Clause 1, Article 48 of the 2009 Law on Judicial Records);

– Thirdly, apply for a work permit: 05 working days (Clause 2, Article 11 of Decree 152/2020 / ND-CP).

The total time to complete the dossier; and apply for a work permit according to regulations will range from 25 – 30 days. However, it takes longer to solve the problem (for many reasons), often about 45 – 60 days.

Difficulties when applying for a work permit: Have to prepare many different papers and documents

Article 9 of Decree No. 152/2020 of the Government stipulating that the application for a work permit for foreigners; includes 08 different types of documents, precisely:

1- Firstly, a written request for a work permit (made according to the form);

2- Secondly, health certificate/health examination certificate issued by a competent medical agency or organization;

3- Judicial record card/document certifying that the foreign worker is not serving a penalty; or has not yet had their criminal record cleared or is being examined for penal liability issued by a foreign country/Vietnam;

4- In addition, documents and papers proving that they are managers, executives, experts, technical workers;

5- Also 02 color photos (4cm x 6cm in size, white background, straight face, bare head, no colored glasses);

6- A written approval of the need to employ foreign workers;

7- Certified copy of valid passport;

8- Other documents related to foreign workers in case of moving within the enterprise, working for NGOs…

Among them, some papers and documents need time and cost to be granted, for example:

Before recruiting foreign workers to work in Vietnam; then the employer must determine the need to employ foreign workers for each working position; then report to the Ministry of Labour; Invalids and Social Affairs/ People’s Committee of the province where the employee is expected to work.

There must be a written approval of the need to use foreign workers from the competent agency. The employer has the basis for applying for a work permit in Vietnam for foreigners.

Consular legalization of documents takes a long time

According to the provisions of Clause 10, You must submit article 9 of Decree 123/2020/ND-CP; the papers mentioned in Sections 2, 3, 4, 6, and 8 of Part 2 of the above article 01 original/certified copy real.

In the case of granting work permit for foreigners in Vietnam, it must be consular legalized (if not exempt from consular legalization); then translated into Vietnamese and authenticated under Vietnamese law.

The consular legalization procedure is not popular; so not everyone knows how to do it, leading to a long, time-consuming process.

The term of the work permit is not long

The term of the work permit depends on the term of one of the following documents but must not exceed 02 years:

1. The term of the labor contract expected to be signed.

2. The duration of the foreign party sending foreign workers to work in Vietnam.

3. The duration of the contract or agreement signed between the Vietnamese and foreign partners.

4. The duration of the contract or agreement on service provision signed between the Vietnamese and foreign partners.

5. The time limit stated in the document of the service provider sending foreign workers into Vietnam to negotiate service provision.

6. The term has been determined in the operation license of the agency, organization, or enterprise.

7. The time limit in the document of the service provider sending the foreign worker to Vietnam to establish the commercial presence of that service provider.

8. The time limit in the document proves that the foreign worker may participate in the operation of a foreign enterprise that has established a commercial presence in Vietnam.

9. The time limit specified in the written approval to employ foreign workers, except for the case where a report explaining the need to employ foreign workers is not required as prescribed at Point b, Clause 1, Article 4 of this Decree.

It can be seen that the regulation of a work permit term of no more than 2 years will partly hinder the signing of labor contracts between enterprises and foreign workers.

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