When foreigners want to participate in the Vietnamese labor market, they must fully meet the conditions and strictly comply with the order and procedures prescribed by Vietnamese law. One of the procedures for foreigners working in Vietnam is to carry out the procedures for applying for a work permit for foreigners. So about the matter “Dossiers of working permit for foreign workers in Vietnam” Let’s find out with LSX in the article below.
Legal grounds
Labor Law 2019 takes effect from January 1, 2021;
- Decree 152/2020/ND-CP takes effect from February 15, 2021.
Conditions for issuance of work permits
1. Having full civil act capacity as prescribed by law.
2. Having health suitable for the job requirements.
3. Being a manager, executive director, expert or technical worker.
Foreign workers who practice medical examination and treatment, directly provide medical examination and treatment in Vietnam or work in the field of education, training and vocational training must fully satisfy the conditions prescribed by law. Vietnamese law on medical examination, treatment, education, training and vocational training.
4. Not being a criminal or being examined for penal liability in accordance with Vietnamese and foreign laws.
5. Get the written approval of the competent state agency on the employment of foreign workers.
Procedures for recruiting foreigners to work in Vietnam for businesses/organizations.
At least 30 days before the expected date of employment of foreign workers, the employer (except for the contractor) is responsible for determining the need to employ foreign workers for each job position for which the foreign worker is employed. Vietnamese workers have not yet responded and report to the Ministry of Labor, War Invalids and Social Affairs or the People’s Committees of provinces and centrally run cities.
The Ministry of Labor, War Invalids and Social Affairs or the People’s Committee of the province shall issue a written approval or disapproval of the employment of foreign workers for each job position within 10 working days from the date of issue. the date of receipt of the explanation report or the report explaining the change in demand for foreign workers.
Thus, enterprises are only allowed to recruit and employ workers when the Labor Administration of Vietnam approves in writing. Enterprises do not have the right to decide on the number and positions that the Labor Administration will consider approving or disapproving.
What jobs or occupations can foreigners do in Vietnam?
Vietnamese foreign workers currently do many different jobs, including entering Vietnam: 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;
However, the most popular at present are entering Vietnam with the roles of: Managers, executives, experts, technical workers. In this content, we would like to provide detailed instructions on procedures for foreigners working in Vietnam with these positions. These are the most popular positions where foreigners and businesses often apply for work permits.
Dossiers of working permit for foreign workers in Vietnam
Regulations on procedures for applying for a work permit for foreigners working in Vietnam according to the latest regulations of Decree No. 152/2020/ND-CP issued on December 30, 2020, effective as of February 15, 2021
Foreign workers are: Managers, executives, experts, technical workers. Required documents include the following types of documents:
– Health certificate or medical examination certificate for domestic or foreign examination (no more than 12 months)
– Criminal record card or equivalent document (not older than 6 months) issued by a foreign competent authority or the Department of Justice of the province or city/National Center for Judicial Records of Vietnam.
Documents and papers proving that they are managers, executive directors, experts, technical workers and a number of occupations and jobs are prescribed as follows:
+ Documents proving that you are a manager or executive director
+ Papers proving that they are experts or technical workers, including: diplomas, certificates, written certifications of agencies, organizations or enterprises abroad about the number of years of experience of the experts and technical workers. ;
– 02 color photos (size 4cm x 6cm, white background, straight face, bare head, no colored glasses), photos taken within 06 months from the date of application submission.
– Certified copy of valid passport as prescribed by law.
Note: The documents include: Health certificate, judicial record issued abroad, written certification of experience, documents …. issued abroad, they must be consularly legalized, except for cases where they are exempted from consular legalization as prescribed at the overseas Vietnamese Embassy/Consulate or the domestic competent agency is the Consular Department. or the Department of Foreign Affairs of the province or city in some cases under its authority.
Procedure for granting a work permit
1. At least 15 working days before the date the foreign worker is expected to start working for the employer, the employer must submit an application for a work permit to the Department of Labor. Labor – Invalids and Social Affairs where the foreign worker has the full time working for the employer.
In case the foreign worker does not have the full time to work for the employer in a province or centrally run city, the application for a work permit shall be submitted to the Department of Labor – Invalids and Social Affairs. The society where the employer’s head office is located.
2. Within 10 working days from the day on which the complete application 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, War Invalids and Social Affairs regulations. In case of refusal to issue a work permit, a written reply clearly stating the reason.
3. For foreign workers performing a labor contract, after the foreign worker is granted a work permit, the employer and the foreign worker must sign a written labor contract in accordance with the provisions of Vietnamese labor law before the expected date of employment for the employer. The content of the labor contract must not contradict the contents of the issued work permit.
Within 05 working days from the date of signing the labor contract, the employer must send a copy of the signed labor contract and a copy of the issued work permit to the Department of Labor and Trade. Military and Social Affairs issued the work permit.
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Please see more
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- Conditions for foreigners to work in Vietnam
- Proving separate property before marriage under Vietnam law
Frequently asked questions
Pursuant to Article 10 of Decree 11/2016/ND-CP specified in Article 6 of Circular 40/2016/TT-BLDTBXH. A work permit application dossier includes the following documents:
+) The employer’s written request for a work permit as specified in Clause 1, Article 10 of Decree No. 11/2016/ND-CP, made according to Form No. 7 attached to this Circular.
+) 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 medical examination and treatment. submit.
+) Judicial record card or written certification that the foreign worker is not a criminal or is examined for penal liability by a foreign country. In case the foreign worker has already resided in Vietnam, only the criminal record certificate issued by Vietnam is required.
+) Documents proving that they are managers, executives, experts or technical workers.
– Submit application at the Department of Employment: In the case of non-governmental organizations, international organizations, associations …… according to the provisions of Clause 1, Article 3 of Circular 40/2016/TT-BLDTBXH, the application for paper must be submitted. Work permits for foreigners at the Employment Department – Ministry of Labor – Invalids and Social Affairs. The Employment Department receives dossiers for granting permits nationwide for cases under the Department of Employment’s competence.
– In case the enterprise/organization is located in the districts (outside the industrial zone), submit an application for a work permit at the Hanoi Department of Labor, War Invalids and Social Affairs.
– In case enterprises or organizations have production offices in industrial parks and export processing zones, they shall submit an application for a work permit at the Management Board of industrial parks and export processing zones in Hanoi.
Step 1: Enterprises submit an application for approval of the need to use foreign workers at the competent labor management agency currently managing their business online or in person.
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 by email or directly to the enterprise/organization.
Step 2. Submit an application for a work permit for a foreigner.
Enterprises submit the following documents to the Labor Management Agency to apply for a work permit for foreigners.
Conclusion: So the above is Dossiers of working permit for foreign workers in Vietnam. Hopefully with this article can help you in life, please always follow and read our good articles on the website: lsxlawfirm.com
