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Legal grounds
Law labor 2019
What is a work permit?
A work permit – a document for foreigners legally allowed to work in Vietnam, issued by the Department of Labor, Invalids and Social Affairs. On the work permit, there will be information about the employee such as: full name, passport number, date of birth, nationality, name and address of the workplace, position. This is an important, necessary and highly effective document for employees and employers.
Who needs to apply for a work permit?
According to Decree 152/2018/ND-CP regulating work permits for foreigners in Vietnam, many subjects allowed to apply for new permits such as:
Labor contract enforcers.
So, People who move within the business.
People who perform various kinds of contracts or agreements on economic, commercial, financial, banking, insurance, scientific and technical, cultural, sports, educational, vocational education and health in business Karma.
So Contracted service providers.
Business service sellers.
So People working for foreign non-governmental organizations and international organizations in Vietnam allowed to operate in accordance with Vietnamese law.
The managers, executives, experts, technical workers of enterprises.
Participants in the implementation of bidding packages and projects in Vietnam.
What are the conditions for foreigners granted work permits and visas?
Granted a work permit, a foreigner must meet the following criteria and conditions:
Employees must be 18 years or older and have full civil act capacity as prescribed by law.
Workers must have professional qualifications, skills, experience as well as techniques to do related jobs.
Foreign workers in good health in accordance with the job requirements set forth by the Minister of Health.
So Foreign workers must ensure that they are not criminals or prosecuted for penal liability in accordance with Vietnamese and foreign laws.
For foreign workers holding high positions such as managers, executives, experts or technical workers, etc., it is necessary to have all documents proving professional qualifications as prescribed in the Decree.
Eligible subjects and capacity to sponsor foreign workers to work in Vietnam
According to regulations, the following subjects can sponsor foreigners to work in our country:
Firstly Enterprises operate under the Law on Enterprises, Law on Investment or under international treaties to which Vietnam is a member.
Subjects are contractors participating in bidding and contract performance.
Secondly Representative offices, branches of enterprises, organizations and agencies licensed established by competent agencies.
Subjects are state agencies, socio-political organizations, socio-political-professional organizations. social organizations, socio-professional organizations, etc.
Thirdly Foreigners licensed to register by Vietnamese competent authorities in accordance with Vietnamese law.
Subjects are non-business organizations and educational institutions established in accordance with law.
International organizations, offices of foreign projects in Vietnam; agencies and organizations permitted established by the government, prime minister, ministries and branches, and permitted to operate in accordance with the provisions of law.
The operating office of a foreign investor in a business cooperation contract or of a foreign contractor shall be registered to operate in accordance with law.
Subjects are law-practicing organizations in Vietnam.
Cooperatives and unions of cooperatives established and operate in accordance with the Law on Cooperatives.
Business households and individuals allowed to conduct business according to the provisions of law.
Things to know about work permit registration procedures and documents
Dossier of application for approval to use foreign workers
Records include:
Copy of business registration.
Application form for registration of recruitment needs.
In case the applicant is not the legal representative of the enterprise, it is necessary to prepare an additional letter of introduction / power of attorney.
Complete and detailed work permit registration procedures
To apply for a work permit, businesses need to follow two important steps in sequence:
Register the need to use foreign workers in accordance with the law with the competent authority
The registration of approval to use foreign workers is an important and necessary procedure to apply for a work permit for foreigners working legally in Vietnam.
Employers (except contractors) need to be responsible for determining the need to use foreign workers for each job that Vietnamese workers cannot meet and reporting to the Ministry of Labor – Invalids and Social Affairs or the People’s Committee of the province or centrally run city where the foreign worker is expected to work. This should be done at least 30 days in advance from the expected date of employment of foreign workers.
During the implementation process, if there is any change in demand for foreign workers, the employer must notify the competent authority at least 30 days in advance from the expected date of employment. motion.
Note, the employer’s dossier submitted to the competent authority has a time of 10 working days for approval, excluding Saturdays, Sundays and public holidays.
Submit an application for a work permit to the Ministry of Labor, War Invalids and Social Affairs
A complete and detailed application for a work permit for foreigners includes the following basic documents:
Application form for a work permit.
Written registration of the need to use foreigners (as mentioned above).
Passport still valid as prescribed by law (notarized copy).
Criminal record number 1 (document certifying that the employee has no criminal record).
Health certificate or health certificate issued by a foreign medical agency or organization.
Written certification, proving that the employee is a manager, executive director, expert or technical worker).
Personal photo (4x6cm, white background, photo within the last 6 months).
Documents related to foreign workers.
The applicant for a work permit shall submit a dossier at the Ministry of Labor, Invalids and Social Affairs or the Department of Labor, War Invalids and Social Affairs where the foreigner works. This should take place at least 15 days before the date the foreign worker is expected to work in Vietnam.
Some notes to pay attention to when applying for a work permit for foreigners
– The documents in the application file for a work permit must be consular legalized and translated into Vietnamese and authenticated in accordance with Vietnamese law.
– In case the enterprise is located in an industrial park, economic-technical zone, etc., the employees and the employer can submit the application at the Management Board of the industrial park, export processing zone, etc., where the enterprise is located. main.
– In case the enterprise is located outside the industrial park or export processing zone, the subjects can submit the application at the Department of Labor, War Invalids and Social Affairs.
– Foreigners belonging to non-governmental organizations, international organizations, associations, subjects can apply for a work permit at the Employment Department – Ministry of Labor, War Invalids and Social Affairs.
Related article: The process of applying for a work permit for foreign teachers in Vietnam
What are the Conditions for establishing foreign language centers with foreign elements?
Can foreigners set up an English center in Vietnam?
Related questions
Intra-enterprise foreign workers are managers, executives, experts and technical workers of a foreign enterprise that has established a commercial presence in the Vietnamese territory, moves temporarily within the enterprise to have a commercial presence in the Vietnamese territory and have been employed by the foreign enterprise for at least 12 months before.
Experts are foreign workers in one of the following cases:
a) Having a written certification of being an expert of an overseas agency, organization or enterprise;
b) Possessing a university degree or higher or equivalent and having at least 03 years of working experience in a specialized field of training suitable to the job position in which the foreign worker is expected to work in Vietnam; special cases shall be considered and decided by the Prime Minister.
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