Service of applying for a work permit for foreigners in Vietnam

Service of applying for a work permit for foreigners in Vietnam. Procedures for applying for a work permit for foreigners in Vietnam. Let us learn about this topic with LSX law firm as follow:

Conditions for foreigners to be granted work permits in Vietnam

Firstly, 18 years or older and having full civil act capacity;

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

Thirdly, not being a person who is currently serving a sentence or has not yet had their criminal record cleared; or examined for penal liability under foreign or Vietnamese laws;

Lastly, have a work permit issued by a competent Vietnamese state agency, except for the case specified in Article 154 of the Labor Code 2019 

Procedures for applying for a work permit for foreigners in Vietnam

Step 1. Approve 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 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 at http://dvc.vieclamvietnam.gov.vn. The procedure is as follows:

Firstly, the employer registers an account at the web as mentioned above the 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 to employ foreign workers, the approval agency will send the results via email to the employer. If the submitted application is not valid, the approval agency will issue a notice of correction.

After obtaining 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 actual approval result to the employer.

In general, the application file includes a sample report explaining the demand for foreign workers (according to the form of Circular 40/2016/TT-BLDTBXH).

Step 2. Submit a sample application for a onwork permit for foreigners

Documents include:

First, a written request for a work permit;

Secondly, a health certificate or medical examination certificate issued by a competent medical organization in Vietnam (must be valid for less than 12 months from the date of application);

Thirdly, the criminal record is issued within 06 months from the date of application submission;

Fourthly, documents proving qualifications suitable for the job as a manager, executive director, specialist or technical worker: degree, certification of experience from another company;

In addition, a certified copy of the passport;

Besides, for industries and professions with special requirements (soccer players, pilots, aircraft maintenance) or cases of foreign workers providing services or performing contracts, offering services. In Vietnam, the dossier will include other documents as prescribed by law. 

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