Foreigners working in Vietnam are citizens of foreign nationality, they are living and working, registered for temporary and permanent residence in the territory of Vietnam. When participating in the domestic labor market, foreigners must fully meet the conditions and comply with the order and procedures prescribed by Vietnamese law. So about the matter “Procedures for foreigners working in Vietnam” Let’s find out with LSX in the article below.
Legal grounds
- Labor Code 2019
- Decree 152/2020/ND-CP
- Decree 145/2020/ND-CP
What conditions must foreigners working in Vietnam meet?
To participate in the labor market in Vietnam, foreigners must meet the “CONDITIONS” specified in Clause 1, Article 151 of the Labor Code 2019, including:
• 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 specified in Article 154 of this Code.
When applying for a job in Vietnam, “foreign workers” must comply with Vietnamese law, or an international treaty to which Vietnam is a signatory has different provisions and is protected by Vietnam. Moreover, foreign workers who are granted work permits by competent agencies in Vietnam must pay social insurance premiums.
Dossier of application for a work permit
According to the provisions of the Labor Code 2019 and guiding documents for the implementation of Decree 152/2020/ND-CP, Decree 145/2020/ND-CP Before applying for a work permit, enterprises hire employees Required documents to prepare include:
• A written request for a work permit
• A health certificate issued by a competent foreign or Vietnamese medical organization is valid for 12 months from the date of signing the health conclusion to the date of submission of the application.
• A criminal record card or a document certifying that the foreign worker is not a criminal or is being 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. However, these documents are issued within 06 months from the date of issuance to the date of application submission.
• Documents proving that you are a manager, executive director, expert or technical worker.
• 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.
• Copy of passport or other valid documents in lieu of passports or valid international travel documents as prescribed by law.
When submitting the application for a work permit, the enterprise must enclose an original or a certified copy for comparison, for the health certificate, the document on the criminal record and the document certifying the work permit suitable for work in Vietnam.
If the above documents are foreign, they must be consularly legalized, except for cases exempted from consular legalization, translated into Vietnamese and authenticated in accordance with Vietnamese law.
Procedures for applying for foreigners to work in Vietnam.
For foreign workers:
– Apply for recruitment in a company/organization in Vietnam to do a specific job as an expert, manager, technical worker…. in accordance with the provisions of Vietnamese law. (Note: Currently, Vietnam only accepts highly qualified workers, not unskilled and simple workers)
– In foreign countries, prepare documents to apply for a work permit in Vietnam, including documents related to qualifications, work experience confirmation, criminal record and Health certificate (if any). These documents must be consular legalized by Vietnamese representative missions abroad (including Vietnamese embassy/consulate).
– Carry out procedures to apply for a Vietnam visa at the Vietnamese Embassy/Consulate or at the airport or road border gate….after the company employing foreign workers applies for the approval letter. entry for foreigners to work with enterprises.
For the employer (Company/organization):
– Register the demand for labor with the competent labor management agency (Department of Labor or Management Board of industrial parks and export processing zones);
– Submit an application for a Work Permit for a foreigner via online or in person
– Submit application for visa or temporary residence card for foreigners after the foreigner has been granted a work permit.
– Registering temporary residence for foreigners since foreigners enter Vietnam under the guarantee of enterprises.
– Declare rental, insurance and related obligations with the competent State management agency.
Procedures for foreigners working in Vietnam
The issuance of a work permit is done through 4 specific steps as follows:
• Step 1. Approving 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.
Within 10 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 of the employer. If the submitted application is not valid, the approval agency will issue a notice of correction.
The dossier includes: Form of report explaining demand for foreign workers (under form No. 01, Appendix 01 of Decree No. 152/2020/ND-CP) together with a copy of enterprise registration.
• Step 2: Submit application for work permit
At least 15 working days before the date the foreign worker is expected to start working for the employer, the employer must fill in the information in the declaration form and submit the application for a permit according to regulations to the work permit-issuing agency through the electronic portal.
Number of records: 01 set
Processing time: 05 working days
• Step 3: Sign a labor contract and report the situation of using foreign workers to the Department of Labor, War Invalids and Social Affairs or the Management Board of industrial parks and export processing zones of the province
• Step 4: Issue temporary residence card according to the term of work permit to foreigners
After the foreign worker is granted a work permit in Vietnam, the next step is to apply for a temporary residence card according to the term of the work permit. In Vietnam, the maximum duration of a work permit is 2 years, so the maximum duration of a temporary residence card is also 2 years according to the work permit.
The demand for foreign workers has become popular thanks to the increase of foreign investment projects in Vietnam, the demand for services provided by foreign enterprises and the signing of international agreements. Especially since June 30, 2020, the Vietnam – EU Free Trade Agreement (EVFTA) and the Vietnam – EU Investment Protection Agreement (EVIPA) have been officially approved.
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Above is the information of LSX Law firm about the Regulation “Procedures for foreigners working in Vietnam” according to current law. In addition, if readers are interested in other related issues such as the service of changing land use purposes, converting pond land to red book. Please consult and contact via hotline: +84846175333 or Email: [email protected]
Please see more
- Dossiers of working permit for foreign workers in Vietnam
- Regulations on the employment of elderly workers in Vietnam
- Proving separate property before marriage under Vietnam law
Frequently asked questions
Before July 5 and January 5 of the following year, the foreign employer shall report the first 6 months of the year and annually on the situation of using foreign workers using Form No. 07/PLI Appendix I promulgated together with Decree 152/2020/ND-CP. The closing time for reporting data for the first 6 months of the year is calculated from December 15 of the year before the reporting period to June 14 of the reporting period, the closing time for annual reports is from December 15 of the year preceding the reporting period. report up to December 14 of the reporting period.
Before July 15 and January 15 of the following year or unexpectedly as required, the Department of Labor, War Invalids and Social Affairs is responsible for reporting to the Ministry of Labor, War Invalids and Social Affairs on the situation of employees. Foreigners working in the area according to Form No. 08/PLI Appendix I promulgated together with Decree 152/2020/ND-CP. The time for closing data for the first 6 months of the year and annually shall comply with the Government’s regulations on the reporting regime of state administrative agencies.
(According to Article 6 of Decree 152/2020/ND-CP)
Thus, when there is a need to use foreign workers, it is necessary to comply with the provisions of the law, in order to ensure the legal rights and obligations of the subjects and the strict management from the agencies.
Before recruiting foreign workers, the contractor is responsible for declaring the number, qualifications, professional capacity and experience of foreign workers to be recruited to execute the bidding package in Vietnam and request the recruitment of foreign workers. Vietnamese workers for the job positions expected to recruit foreign workers with the Chairman of the People’s Committee of the province or centrally run city where the contractor implements the bidding package according to Form No. 04/PLI Appendix I promulgated together with Decree 152/2020/ND-CP.
In case the contractor needs to adjust and supplement the declared number of employees, the investor must certify the plan for adjusting and supplementing the contractor’s need for labor using Form No. 05/PLI Appendix. Appendix I promulgated together with Decree 152/2020/ND-CP.
Provincial-level People’s Committee presidents direct local agencies and organizations to introduce and supply Vietnamese workers to contractors or coordinate with other local agencies and organizations to introduce , providing Vietnamese workers for contractors. Within a maximum period of 02 months from the date of receipt of a request to recruit from 500 Vietnamese workers or more and a maximum of 01 month from the date of receipt of a request to recruit from 100 to less than 500 Vietnamese workers and 15 days from the day on which the request for recruitment of less than 100 Vietnamese workers is received, but if the contractor fails to introduce or supply Vietnamese workers to the contractor, the President of the provincial People’s Committee shall consider and decide whether the contractor is eligible for the contract. recruit foreign workers for positions that cannot be recruited by Vietnamese workers according to Form No. 06/PLI Appendix I promulgated together with Decree 152/2020/ND-CP.
Foreigners who are full 18 years of age or older, have full civil act capacity, have a university degree, have professional qualifications, work experience, and are healthy are the conditions for granting a work permit 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 specified in Article 154 of the Labor Code 2019.
Conclusion: So the above is Procedures for foreigners working in Vietnam. Hopefully with this article can help you in life, please always follow and read our good articles on the website: lsxlawfirm.com
