Issuing work permits for foreigners in Vietnam

A work permit is a document that allows a foreigner to work legally in Vietnam. The work permit must clearly state information about the employee, including full name, passport number, date of birth, nationality, passport number; the name and address of the organization where the work is done, the position of work. So about the matter “Issuing work permits for foreigners in Vietnam” Let’s find out with LSX in the article below.

Legal grounds

• Labor Code 2019
• Decree 152/2020/ND-CP
• Circular 23/2017/TT-BLDTBXH
• List of 143/KCB-PHCN&GĐ

Conditions for foreign workers to work in Vietnam

According to the provisions of Article 151 of the Labor Code effective January 1, 2021, a foreign worker working in Vietnam is a foreign national and must meet the following conditions:

a) Being 18 years or older and having full civil act capacity;

b) Having professional qualifications, techniques, skills and working experience; be healthy as prescribed by the Minister of Health;

c) Not being a person who is currently serving a sentence or has not yet had his/her criminal record cleared or is being examined for penal liability in accordance with foreign or Vietnamese laws;

Cases where foreigners are granted work permits in accordance with Vietnamese law

1. What jobs or occupations can foreigners do in Vietnam?

According to the provisions of Article 2, Decree 152/2020/ND-CP, foreign nationals working in Vietnam may work with the following jobs and positions:

Vietnamese foreign workers currently do many different jobs including: Performing labor contracts; Moving within the enterprise; Performing all kinds of contracts or agreements on economy, commerce, finance, banking, insurance, science and technology, culture, sports, education, vocational education and health; Contracted service providers; Offering services; Working for a foreign NGO or an international organization in Vietnam that is permitted to operate in accordance with Vietnamese law; Volunteer; Person responsible for establishing a commercial presence; Managers, executives, experts, technical workers; Participating in the implementation of bidding packages and projects in Vietnam;

2. Popular and prioritized job positions in Vietnam for work permits.

Currently, the most common are foreign workers applying for the following positions: Managers, executives, experts, technical workers. These are the positions that Vietnamese workers cannot meet in some fields, so they need to recruit foreign workers.

Issuing work permits for foreigners in Vietnam

Step 1. Enterprises and organizations apply for approval of the need to use foreign workers. (According to Article 2, Decree 152/2020/ND-CP.)

Enterprises submit Form No. 01 – Registration of demand for foreign workers using Form No. 01/PLI – Appendix 1 (Decree 152/2020/ND-CP). Employers submit at least 30 days in advance from the expected date of employment of foreign workers at the Department of Labor, War Invalids and Social Affairs.

According to the new regulations from Circular 23/2017/TT-BLDTBXH effective from October 2, 2017, employers can also submit this declaration and report through the web portal http ://dvc.vieclamvietnam.gov.vn/ according to the following procedure:

– The employer registers an account at the above-mentioned web portal and submits the dossier using the established account, within at least 20 days before the expected date of employment of the foreign worker;

– Within 12 days from the date of receipt of the valid declaration and report explaining the need to employ foreign workers, the approval agency will send the results via email of the employer. If the submitted application is not valid, the approval agency will issue a notice of correction.

– After receiving the approval to use foreign workers, the employer directly submits or mails the original documents to the approval agency. Within 08 hours, the agency receives the original dossier, the approving agency will return the original approval result to the employer.

Step 2. Submit a new application for a work permit for foreigners working in Vietnam under the new regulations, including:

An application file for a license under the new regulations includes:

A. Company profile, organization needs to be prepared

1. An application for a work permit, made according to Form No. 11/PLI – Appendix 11 (Attached to Decree No. 152/2020/ND-CP dated December 30, 2020 of the Government)

2. Written notice of approval of the job position employing foreign workers. (Business completed in Step 1)

3. Certified copy of business registration certificate or investment registration certificate (1 copy)

B. Dossiers of foreign workers need to be prepared or the company prepares to help workers.

1. Health certificate of medical examination abroad or certificate of medical examination of medical examination in Vietnam at hospitals, clinics or health departments that fully meet the conditions prescribed by the Ministry of Health (within 12 months)

2. Foreigner’s criminal record issued abroad or record card No. 1 issued in Vietnam (issued within 06 months)

+ Judicial record card issued abroad: a judicial record card issued or a document certifying that the foreign worker is not a person who is serving a sentence or has not yet been remitted or is in prosecuted for criminal liability.

+ Criminal record card issued in Vietnam: If the employee has a confirmation of temporary residence in Vietnam and is currently residing in Vietnam, he/she can apply for a criminal record card at the Department of Justice where the foreigner is residing. in Viet Nam

3. Authenticated copy of all pages of foreigner’s passport and visa (01 copy)

4. 02 portrait photos, size 4×6, white background, no glasses.

6. Documents proving that they are managers, executives, experts, technical workers, teachers (University degree, certificate of overseas work experience …..). Specifically:

– In case the employee is an expert: Having a university degree or higher or equivalent and having at least 3 years of working experience in the field of training suitable to the job position expected by the foreign worker. work in Vietnam Or have at least 5 years of experience and have a practicing certificate suitable to the position that the foreign worker is expected to work in Vietnam;

– In case the employee is a Manager and an executive director: A document certifying that he is a manager or executive director with a minimum term of 03 years.

Note: The manager is the person who manages the enterprise according to the provisions of Clause 24, Article 4 of the Law on Enterprises or the head or deputy of the head of the agency or organization (In some cases, the heads of ministries and agencies). departments and divisions of the organization enterprise). The Chief Executive Officer is the person who heads and directly manages the unit under the agency, organization or enterprise.

– In case the employee is a technical worker: The employee has been trained in a technical or other major for at least 1 year and has worked for at least 3 years in the trained specialty Or has at least 5 years of experience in the field of training. work experience suitable to the job position that the foreign worker is expected to work in Vietnam.

– In case the foreign worker moves within the enterprise, the following documents are required:

+ The document of the foreign enterprise sending to work at the commercial presence of that foreign enterprise in the Vietnamese territory;

+ Documents proving that the foreign worker has been recruited by that foreign enterprise before working in Vietnam for at least 12 consecutive months;

+ For foreign workers to perform various types of contracts or agreements as prescribed, the following documents are required:

– In case the foreign worker is a service provider under a contract, the following documents are required: Service provision contract signed between the Vietnamese side and the foreign partner and the document proving the foreign worker. have worked for a foreign enterprise without a commercial presence in Vietnam for at least 02 years;

– In case the foreign worker offers a service, there must be a document: A document of the service provider sending the foreign worker to Vietnam to negotiate service provision;

– In case a foreign worker works for a foreign non-governmental organization or an international organization in Vietnam, the following documents must be submitted: The document of the agency or organization sending the foreign worker to work for the organization. foreign non-governmental organizations, international organizations in Vietnam and operation licenses of foreign non-governmental organizations and international organizations in Vietnam in accordance with the law

– In addition, for industries and occupations with special requirements such as football players, pilots, aircraft maintenance, the records will have differences, please contact us for answers.

Note: Documents issued abroad or issued by diplomatic missions of foreign countries in Vietnam must be consular legalized and notarized translation into Vietnamese.

Services of LSX

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, LSX’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 brand information of client LSX will be 100% confidential.

Please contact us immediately if you have any questions about “Issuing work permits for foreigners in Vietnam”

Contact LSX

The above article has provided detailed information related to the issue “Issuing work permits for foreigners in Vietnam”. At the same time, LSX Law firm always has leading lawyers and legal consultants who will help you in legal matters of life. If you have any need, please get in touch with us via hotline: +84846175333 or Email: [email protected]

Please see more

• Foreign investment consulting services in Vietnam
• Procedures for foreigners working in Vietnam
• Proving separate property before marriage under Vietnam law

Frequently asked questions

Conclusion: So the above is Issuing work permits for foreigners in Vietnam. Hopefully with this article can help you in life, please always follow and read our good articles on the website: lsxlawfirm.com