The work permit is a necessary legal document for foreign workers to work in Viet Nam. Decree 152/2020/ND-CP has detailed regulations on work permits. Let’s find out this issue with Lawyer X through the following situation: “Dear Lawyer! I want to ask about procedures for issuance work permits in Viet Nam as well as other relevant regulations. Thanks for answering me!”
Legal grounds
Decree 152/2020/ND-CP on foreign workers working in vietnam and recruitment and management of vietnamese workers working for foreign employers in vietnam
Dossier of application for a work permit
– An employer’s application for a work permit, made according to Form No. 11/PLI provided in Appendix I to Decree 152/2020/ND-CP.
– A health certificate issued by a foreign or Vietnamese competent health authority no more than 12 months prior to the date of dossier submission, or a health certificate as prescribed by the Minister of Health.
– A criminal record certificate or a document certifying that the foreign worker is not the person currently serving a penalty or having his/her criminal convictions net yet expunged or being examined for penal liability, issued by a foreign or Vietnamese competent authority no more than 6 months prior to the date of dossier submission.
– A document or paper proving that the foreign worker is a manager, an executive, an expert, a technical worker, or a person doing certain occupations and jobs, specifically as follows:
+ A paper proving that the foreign worker is a manager or an executive as defined in Clause 4 or 5, Article 3 of Decree 152/2020/ND-CP;
+ A paper proving that the foreign worker is an expert or a technical worker as defined in Clause 3 or 6, Article 3 of Decree 152/2020/ND-CP, which may be a degree, certificate or certification of the expert’s or technical worker’s working experience issued by an overseas agency, organization or enterprise;
+ A document proving a foreign footballer’s experience or international transfer certificate (ITC) issued to a foreign footballer or a certification by the Vietnam Football Federation of temporary or official registration of a footballer of a club of the Vietnam Football Federation;
+ A pilot license issued by a Vietnamese competent authority or issued by a foreign competent authority and recognized by a Vietnamese competent authority, for foreign pilots, or a professional certificate issued by the Ministry of Transport to flight attendants allowing them to work on board the aircraft;
+ A certificate of professional qualifications in the field of aircraft maintenance, issued by a Vietnamese competent authority or issued by a foreign competent authority and recognized by a Vietnamese competent authority, for foreign workers performing aircraft maintenance jobs;
+ A certificate of professional capacity or a paper recognizing a certificate of professional capacity issued by a Vietnamese competent authority to foreign crewmen;
+ A certificate of high achievements in sports as certified by the Ministry of Culture, Sports and Tourism, for coaches, or one of the following certificates: basic (B) coaching diploma awarded by the Asian Football Federation (AFC) or AFC goalkeeping coaching certificate – level 1, or AFC fitness coaching certificate – level 1, or AFC futsal coaching certificate – level 1, or any foreign equivalent coaching certificate recognized by the AFC;
+ A degree awarded by a competent authority showing the foreign worker’s satisfaction of requirements on professional qualifications and standard qualifications provided in the Education Law, Law on Higher Education, Law on Vocational Education and Regulation on organization and operation of foreign languages-informatics centers promulgated by the Minister of Education and Training.
– Two color photos (sized 4 cm x 6 cm, white background, front facing, bareheaded, no sunglasses) taken no more than 6 months prior to the date of dossier submission.
– A document on approval of the demand for employment of foreign workers, unless it is not required to determine the demand for employment of foreign workers.
– A certified copy of the foreign worker’s valid passport in accordance with law.
– Papers related to the foreign worker:
+ For a foreign worker specified at Point b, Clause 1, Article 2 of Decree 152/2020/ND-CP, he/she shall produce his/her foreign enterprise’s document sending him/her to work at the commercial presence of such enterprise in Vietnam’s territory and a document proving that he/she had worked for such enterprise for at least 12 consecutive months before working in Vietnam;
+ For a foreign worker specified at Point c, Clause 1, Article 2 of Decree 152/2020/ND-CP, he/she shall produce a contract or an agreement signed between Vietnamese and foreign partners, which states that the foreign worker works in Vietnam;
+ For a foreign worker specified at Point d, Clause 1, Article 2 of Decree 152/2020/ND-CP, he/she shall produce a service provision contract signed between Vietnamese and foreign partners and a document proving that he/she has worked for a foreign enterprise without commercial presence in Vietnam for at least 2 years;
+ For a foreign worker specified at Point dd, Clause 1, Article 2 of Decree 152/2020/ND-CP, he/she shall produce a service provider’s document sending him/her to Vietnam to negotiate on service provision;
+ For a foreign worker specified at Point e, Clause 1, Article 2 of Decree 152/2020/ND-CP, he/she shall produce a document of the agency or organization sending him/her to work for a foreign non-governmental organization or an international organization in Vietnam, except the case specified at Point a, Clause 1, Article 2 of Decree 152/2020/ND-CP, and the operation license of such foreign non-governmental organization or international organization in Vietnam in accordance with law;
+ For a foreign worker specified at Point e, Clause 1, Article 2 of Decree 152/2020/ND-CP, he/she shall produce a document of the foreign enterprise, agency or organization sending him/her to work in Vietnam as suitable to the job assignment he/she is expected to perform.
– Dossier of application for a work permit in special cases:
+ For a foreign worker who has been issued a work permit that remains valid and who wishes to work for another employer in the same job assignment and with the same job title as stated in his/her work permit, a dossier of application for a new work permit must comprise the previous employer’s certification that the foreign worker is currently working, the papers specified in Clauses 1, 5, 6, 7 and 8 of this Article, and a certified copy of the current work permit;
+ For a foreign worker who has been issued a work permit that remains valid and whose job assignment, job title or working form is changed compared to that stated in current his/her work permit but who still works for the previous employer, a dossier of application for a new work permit must comprise the papers specified in Clauses 1, 4, 5, 6, 7 and 8 of this Article and the current work permit or a certified copy thereof.
– Consular legalization or certification of papers:
The papers specified in Clauses 2, 3, 4, 6 and 8 of this Article may be originals or certified copies; foreign-language papers shall be consularly legalized unless they are exempt from consular legalization under treaties to which the Socialist Republic of Vietnam and concerned foreign countries are contracting parties, or on the principle of reciprocity or in accordance with law; and translated into Vietnamese and certified in accordance with Vietnam’s law.
Validity period of work permits
The validity period of a work permit must not exceed 2 years, and equals:
– The term of the labor contract to be signed.
– The period during which the foreign worker sent to Vietnam by the foreign partner will work.
– The term of the contract or agreement signed between the Vietnamese and foreign partners.
– The term of the service provision contract or agreement signed between the Vietnamese and foreign partners.
– The period stated in the service provider’s document sending the foreign worker to Vietnam to negotiate on service provision.
– The period stated in the operation license of the foreign worker-employing agency, organization or enterprise.
– The period stated in the service provider’s document sending the foreign worker to Vietnam to establish its commercial presence.
– The period stated in the document proving that the foreign worker is permitted to participate in the operation of a foreign enterprise that has established its commercial presence in Vietnam; or,
– The period stated in the document on approval of employment of the foreign worker, unless it is not required to make an explanatory report on the demand for employment of foreign workers as specified at Point b, Clause 1, Article 4 of Decree 152/2020/ND-CP.
Procedures for issuing a work permit
– At least 15 days before the date a foreign worker is expected to start working in Vietnam, the person who shall submit a dossier of application for a work permit to the Ministry of Labor, Invalids and Social Affairs or provincial-level Department of Labor, Invalids and Social Affairs of the locality where the foreign worker is expected to work is specified as follows:
+ The employer, in case the foreign worker works in the form specified at Point a, b, e, g, i or k, Clause 1, Article 2 of Decree 152/2020/ND-CP;
+ The Vietnamese agency, organization or enterprise or foreign organization or enterprise operating in Vietnam where the foreign worker will work in the form specified at Point c or d, Clause 1, Article 2 of Decree 152/2020/ND-CP;
+ The foreign worker who enters Vietnam to offer services or the person responsible for establishing a commercial presence in the form specified at Point dd or h, Clause 1, Article 2 of Decree 152/2020/ND-CP.
– Within 5 working days after receiving a complete dossier of application for a work permit, the Ministry of Labor, Invalids and Social Affairs or provincial-level Department of Labor, Invalids and Social Affairs of the locality where the foreign worker is expected to work shall issue a work permit to the foreign worker according to Form No. 12/PLI provided in Appendix I to Decree 152/2020/ND-CP. The model work permit shall be uniformly printed and distributed by the Ministry of Labor, Invalids and Social Affairs. In case of refusal to issue such a work permit, it shall issue a written reply clearly stating the reason.
– For a foreign worker specified at Point a, Clause 1, Article 2 of Decree 152/2020/ND-CP, after he/she is issued a work permit, he/she and his/her employer shall sign a labor contract in written form in accordance with Vietnam’s labor law before the date he/she is expected to work.
The employer shall send the signed labor contract to the competent agency that has issued the work permit. Labor contracts may be originals or certified copies.
Services of Lawyer X
Prestigious professional services: Firstly, the team of consultants and consultants for many years in the field of civil status, and customer support.
On-time: Certainly, with the motto “Get your lawyer right at your fingertips”, we ensure the service always performs on time. The rights and interests of customers always come first.
Cost: Besides, Lawyer X’s service costs are highly competitive; depending on the nature of the particular case. So, we want our guests to have the best possible service experience. Therefore, costs which guaranteed to be the most suitable and economical for customers.
Confidentiality of client information: Finally, all personal information of clients Lawyer X will be 100% confidential.
If you need any further information, please contact LSX Law firm: at +84846175333 or Email: [email protected]
Frequently asked questions
The validity period of a work permit must not exceed 2 years
Within 5 working days after receiving a complete dossier of application for a work permit, the Ministry of Labor, Invalids and Social Affairs or provincial-level Department of Labor, Invalids and Social Affairs of the locality where the foreign worker is expected to work shall issue a work permit to the foreign worker.
Yes! The employer shall send the signed labor contract to the competent agency that has issued the work permit. Labor contracts may be originals or certified copies.
Conclusion: So the above is Viet Nam legal regulations on issuance of work permits. Hopefully with this article can help you in life, please always follow and read our good articles on the website: lsxlawfirm.com
