How to get a Work permit for foreigners in Vietnam?

Open door policy with the international economy, it is not difficult to encounter foreign laborers working in Vietnam. However, in order to work legally, foreigners must have a work permit. So what is a work permit? What is the procedure for applying for a work permit for foreigners? The following article of LSX Law firm will answer your questions.

Legal grounds

Labor Code 2019

Decree No. 28/2020/NĐ-CP

Decree No. 152/2020/ND-CP

What is a work permit?

As can be seen, a work permit is an official certificate issued by the Department of Labor, War Invalids, and Society, allowing its holders to work in Vietnam legally. Undoubtedly, this is the highest legal basis to ensure legal conditions for foreigners to work legally in Vietnam.

Cases of foreigners granted work permits in Vietnam

Foreigners, who enter Vietnam to work, include:

Firstly, performance of labor contracts;

Secondly, moving within the enterprise;

Thirdly, implementation of contracts or agreements on economic, trade, financial, banking, and insurance; science and technology, culture, sports, education, professional education, and healthcare;

Furthermore, service provider under the contract;

Moreover, offering services;

Working for a foreign non-governmental organization or an international organization in Vietnam that is permitted to operate under Vietnamese law;

And managers, executives, experts, technical workers;

Participating in the implementation of bidding packages and projects in Vietnam.

Who are eligible for a Vietnam work permit? 

There is the fact that not all foreigners are required to have a Vietnam work permit. Please firstly check if you are eligible for Vietnam work permit exemption. 

To apply for a legitimate Vietnam work permit, foreigners have to meet these standard requirements: 

• Over 18 years old to meet current Vietnam labor law; 
• In a good health condition that satisfies demands and requirements of the specific job; 
• No criminal record in their local country or a national security offense, not currently facing criminal prosecution, or not serving a criminal sentence by the Vietnamese and foreign policemen during the assignment; 
• Own a high degree of specialized knowledge, technology, qualification, and experience that Vietnamese labor resources are currently unable to manage.

How to get a work permit in Vietnam?

To get a work permit, the employer in Vietnam needs to go through 03 steps as follows:

Step 1. Firstly, approve the need to use foreign workers.

Dossiers of application for a work permit

Before applying for a work permit in Vietnam, foreigners need to register labor needs. Documents for registration are as follows:

A valid copy of the business registration

Registration letter for recruitment needs.

Letter of recommendation/authorization letter. (if the applicant is not the legal representative of the enterprise).

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

Step 2. Lastly, apply for a work permit for foreigners;

Dossier of application for a work permit in Vietnam for foreigners includes: 

• A written request for a work permit for a foreigner
• Consular legalization and Vietnamese translation
• The certificate of health examination abroad or the original certificate of health examination examined in Vietnam.
• Criminal record of foreigners issued in foreign countries or the original criminal record issued in Vietnam, issued within 6 months
• Notarized copy of foreigner’s passport and visa
• Documents proving that managers, executives, experts, technical workers, teachers
• 02 color photos, size 4×6, white background, no glasses
• Documents related to foreign workers

The place of submission conducts procedures for applying for a work permit

Carry out the procedure directly

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.

Carry out procedures through the electronic portal

Under the new regulations, employers can also submit this declaration and report through the portal. Address http://dvc.vieclamvietnam.gov.vn. 

The procedure is as follows:

Firstly, the employer registers an account on the web, as mentioned above. Then submits the application file using the established account. Within at least 20 days before the expected date of employment of foreign workers.

The time limit for granting work permits to foreigners

As shown above, you will be able to submit applications through two methods. Each method will have a different grant duration, as follows:

Submit directly at a competent agency: 07 working days from the date of receipt of a valid application.

Apply online; the time to return results is 5 days. The approving agency will issue a Work Permit if the application is valid; or issue a notice to correct the profile if there are errors.

Significantly, the documents of foreigners need to be consular legalized. Then translate into Vietnamese and notarize and authenticate before submitting. 

Finally, hope this article is helpful for you!

If you have any questions; please contact Lawyer X for quick and best legal services: 0833102102.

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