So, what is the process of applying for a work permit in Vietnam for foreigners? Well, Let’s find out in this article with LSX Law firm.
Legal Ground
- Labor Code 2019
- Decree 152/2020/ND – CP
What is a work permit?
A work permit (work permit for foreigners working in Vietnam) is a type of document foreign workers get when they meet certain conditions under the provisions of law.
Under what circumstances are foreigners eligible for a work permit in Vietnam?
Foreigners who are 18 years of age or older; have full civil act capacity; a university degree; professional qualifications; work experience; and are healthy are the conditions for granting a work permit in Vietnam.
- Being 18 years or older and having 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 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 specified in Article 154 of the 2019 Labor Code.
The process of applying for a work permit in Vietnam for foreigners
Step 1: Apply for approval of the need to use foreign workers.
At least 30 days before the expected date of employment of foreign workers, the employer (except for contractors) shall send a report explaining the need to employ foreign workers to the Ministry of Labor and War Invalids. and Social Affairs or the Chairman of the Provincial People’s Committee.
According to the new regulations from Circular 23/2017/TT-BLĐTBXH effective from October 2, 2017, employers can also submit this declaration and report through the local web portal. only http://dvc.vieclamvietnam.gov.vn. The procedure is as follows:
- The employer registers an account at the above-mentioned web portal and submits the application file using the established account, within at least 20 days before the expected date of employment of the foreign worker. ;
- Then, Within 12 days from the date of receipt of the valid declaration and report explaining the need for foreign workers, the approval agency will send the results via email to the employer. So, If the submitted dossier is not valid, the approving agency will issue a notice of correction;
- So, After obtaining the approval to use foreign workers, the employer directly submits or mails the original documents to the approval agency. Then, Within 08 hours, the agency receives the original dossier, the approving agency will return the original approval result to the employer
Step 2: Submit application for applying for a work permit in Vietnam for foreigners
At least 15 working days from the date the foreign worker is expected to start working for the employer; the employer must submit an application file for a work permit to the Department of Labor; War Invalids; and Social Affairs where the foreign worker is expected to work. Within 05 working days from the day on which the complete application for a work permit is received, the Department of Labor, War Invalids and Social Affairs shall issue a work permit to the foreign worker using the form provided by the Ministry of Labor – Invalids and Social Affairs regulated and issued uniformly. In case of refusal to issue a work permit, a written reply clearly stating the reason.
Finally, hope this article is useful for you to know more about: The process of applying for a work permit in Vietnam for foreigners. If you need any further information, please contact LSX Law firm : +84846175333 or Email: [email protected]
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