Term of issuance of work permits for foreigners in Vietnam

With the need to recruit foreign workers to Vietnam to work more and more, Vietnamese law allows businesses, agencies, organizations, individuals and contractors to recruit foreign workers to fill positions, management, administration, experts and technical labor that Vietnamese workers cannot meet according to production and business needs. In order for foreign workers to work legally in Vietnam, foreign workers need a work permit. So about the matter Term of issuance of 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

Term of issuance of work permits for foreigners in Vietnam

According to the provisions of the Labor Code 2019, the maximum period of issuance of a work permit is 2 years. Enterprises and organizations can apply for a term suitable to their labor use needs and may extend it up to 01 time equal to the granted time limit but not exceeding 02 years. The duration of the work permit does not depend on the validity of the worker’s passport. In case the foreigner’s passport expires but the work permit is still valid, the organization enterprise needs to carry out procedures for re-issuance of the work permit with the amendment and supplement of information on the newly issued passport number.

Pursuant to Article 155 of the Labor Code 2019 about Term of issuance of work permits for foreigners in Vietnam: “The maximum term of a work permit is 2 years, in case of extension, it can only be extended once for a maximum period of 2 years.”

Pursuant to Article 10 of Decree 152/2020 ND-CP, the term of a work permit is granted according to the term of one of the following cases but must not exceed 02 years:

• The term of the labor contract is expected to be signed.

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

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

• The term of the contract or service provision agreement signed between the Vietnamese and foreign partners.

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

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

• 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.

• The time limit in the document proving that the foreign worker is allowed to participate in the operation of a foreign enterprise that has established a commercial presence in Vietnam.

• The time limit 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.

Conditions for foreigners to be granted work permits in Vietnam

• Be 18 years of age or older and have full civil act capacity;

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

• 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;

• Have a work permit issued by a competent Vietnamese state agency, except for the case that the foreign worker working in Vietnam is not eligible for a work permit under Article 154 of the Labor Code 2019.

In addition, foreign workers working in Vietnam must comply with Vietnamese labor law and be protected by Vietnamese law, except in the case of an international treaty to which the Socialist Republic of Vietnam is a contracting party. Members have other regulations.

Who is a foreigner who is granted a work permit in Vietnam?

The granting of a foreign work permit is applicable to foreigners working in Vietnam, specifically the following subjects:

• Performance of labor contracts;

• Moving within the enterprise;

• Investors contribute capital to Vietnamese companies, establish Vietnamese companies, but contribute less than 3 billion Vietnamese dong;

• Performing all kinds of contracts or agreements on economic, commerce, finance, banking, insurance, science and technology, culture, sports, education, vocational education and health;

• Contracted service providers;

• Offering services;

• Working for a foreign non-governmental organization, an international organization in Vietnam that is permitted to operate in accordance with the provisions of Vietnamese law;

• Volunteers;

• Person responsible for establishing a commercial presence;

• Managers, executives, experts, technical workers;

• Participating in the implementation of bidding packages and projects in Vietnam;

• Relatives of members of foreign representative missions in Vietnam are allowed to work in Vietnam according to the provisions of international treaties to which the Socialist Republic of Vietnam is a contracting party.

List of work permit application documents and notes on work permit application documents

Dossier to issue a work permit to prepare

• A health certificate or medical examination certificate issued by a competent foreign or Vietnamese medical agency or organization is valid for a period of 12 months from the date of signing the health conclusion to the date of submission. records or certificates of sufficient health as prescribed by the Minister of Health.

• A criminal record card or a document certifying that the foreign worker is not a person who is serving a sentence or has not yet been expunged or is being examined for criminal liability by a foreign country or issued by Vietnam.

Notes on the criminal record card in the work permit application

• For the judicial record card issued abroad: the criminal record card issued or the document certifying that the foreign worker is not a person who is currently serving a sentence or has not yet been expunged or is in prison. The time for being examined for penal liability abroad is not more than 06 months from the date of issuance to the date of submission of the dossier.

• For the 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 currently residing. residing in Vietnam to apply for a work permit. The duration of a criminal record issued in Vietnam to a foreigner must not exceed 6 months from the date of issuance to the date of submission of the dossier.

Documents and papers proving that you are a manager, executive director, expert or technical worker

Experts fall into one of the following cases:

• Possessing a university degree or higher or equivalent and having at least 3 years of working experience in a specialized training that is relevant to the job position that the foreign worker is expected to work in Vietnam;

• Having at least 5 years of experience and having a practicing certificate suitable to the position that the foreign worker is expected to work in Vietnam;

• Manager is a person who manages an enterprise as prescribed in Clause 24, Article 4 of the Law on Enterprises or is the head or deputy head of an agency or organization.

• Chief Executive Officer is the person who heads and directly manages the units under agencies, organizations and enterprises.

• Technical labor in one of the following cases:

• Have been trained in a technical or other discipline for at least 1 year and have worked for at least 3 years in the trained specialty;

• Having at least 5 years of experience in doing a job suitable to the position that the foreign worker is expected to work in Vietnam.

Note: Documents proving that you are an expert or a technical worker as prescribed, including: diplomas, certificates, written certifications of foreign agencies, organizations and enterprises about the number of years of experience of the specialist. workers, technical workers;

Photo submitted with application

02 color photos (size 4 cm x 6 cm, white background, straight face, bare head, not wearing colored glasses), photos taken not older than 06 months from the date of application.

Copy of personal documents

Certified copy of valid passport as prescribed by law. Include all pages of the passport.

Other documents

• For foreign workers moving 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 according to regulations, the following documents are required:

Contracts or agreements signed between Vietnamese and foreign partners,

Contracts in which there must be agreements on foreign workers working in Vietnam;

• For foreign workers who are service providers under contract, the following documents are required:

• Service supply contract signed between Vietnamese and foreign partners and documents proving that foreign workers have worked for foreign enterprises without commercial presence in Vietnam for at least 02 years. five;

• For foreign workers offering services, there must be a document:

• Documents of service providers sending foreign workers to Vietnam to negotiate service provision;

• For foreign workers working for foreign non-governmental organizations and international organizations in Vietnam, the following documents are required:

Documents of agencies or organizations sending foreign workers to work

• Documents of agencies or organizations sending foreign workers to work for foreign non-governmental organizations and international organizations in Vietnam and operation permits of foreign non-governmental organizations and organizations international law in Vietnam;

• For foreign workers who are managers, executives, experts and technical workers, the following documents are required: The document of the foreign enterprise, agency or organization that appoints the foreign worker to work in Vietnam and suitable for the intended position.

Some notes when preparing a work permit application

• Types of documents and records that need consular legalization and notarized translation

• All the above-mentioned documents of foreigners issued in foreign countries must be consular legalized, then translated into Vietnamese and notarized and authenticated before submitting the application, except for papers and documents are exempted from consular legalization in accordance with the provisions of Vietnamese law or international treaties to which Vietnam and the foreign country concerned are members, or on the principle of reciprocity.

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