A work permit is an official certificate issued by the Ministry of Labor, Invalids and Social Affairs allowing its holder to work legally in Vietnam. It cannot be applied directly by the employee/foreigner, but with the support of the employer or service center in Vietnam. So about the matter “Regulations on work permits for foreigners in Vietnam” Let’s find out with LSX in the article below.
Legal grounds
- Labor Code 2019
- Decree 152/2020 ND-CP
What is a work permit?
A work permit is a document that allows a foreigner to work legally in Vietnam. The work permit must clearly state information about the employee, including full name, passport number, date of birth, nationality, passport number; the name and address of the organization where the work is done, the position of work.
Thus, it can be understood that a work permit for foreigners is a form of permit in which the competent state agency in Vietnam evaluates the basic conditions of Vietnamese law for each individual case. Foreigners wishing to work or work in Vietnam (As a salaried employee) according to the provisions of the Labor Law and guiding documents.
Regulations on work permits for foreigners in Vietnam
Work permit for foreigners working in Vietnam. This is a type of document issued by a competent authority in Vietnam to foreign workers when they meet certain conditions as prescribed by law.
Foreign workers who are granted work permits are considered to work legally and have their legitimate rights and interests protected in labor relations.
A work permit in accordance with the form issued by the Ministry of Labor, War Invalids and Social Affairs includes the information of the foreign worker. Specifically:
– Portrait photo: white background; the front face; do not wear hats or colored glasses;
– Full name: Write in capital letters, bold;
– Gender;
– Date of birth;
– Nationality, passport number;
– Enterprises and organizations where foreign workers work;
– Work location;
– Job position: manager, executive director, specialist or technical worker;
– Job Title;
– Term: working from any date to any date;
– License status: new, re-issued, number of times of re-issuance.
Without a work permit, how will it be handled?
In Article 31 of Decree No. 28/2020/ND-CP stipulating penalties for administrative violations of labor insurance:
Penalties for foreign workers
– Foreign workers who do not have a work permit or do not have a written confirmation that they are not eligible for a work permit as prescribed by law but work in Vietnam will be fined from 15,000,000 VND to 25,000 VND .000 VND or expelled according to the provisions of the previous Labor Law 2012;
Currently, in the Labor Code 2019 it stipulates:
Foreign workers working in Vietnam without a work permit will be forced to exit or deported in accordance with the law on entry, exit, transit and residence of foreigners in Vietnam. .”
Penalties for companies and organizations employing foreign workers
– Employers that use foreign workers to work in Vietnam without a work permit or without a certificate confirming that they are not eligible for a work permit or employ foreign workers with a valid work permit. An expired work permit or a written confirmation of not being eligible for an expired work permit can result in a fine of up to VND 75,000,000 depending on the number of employees involved (according to the provisions of Decree No. above).
Conditions for enterprises and organizations to be guaranteed to issue work permits
In addition, the law also stipulates those who are qualified to sponsor a work permit for foreign workers, specifically:
– Enterprises operating under the Enterprise Law 2020, the Investment Law 2020, or international treaties to which the Socialist Republic of Vietnam is a signatory;
Example: Joint Stock Company A (Established under the Enterprise Law) and operates in the field of import and export of goods. If there is a need to employ foreign workers with the position of regional sales director or other positions suitable to their expertise, they have the right to sponsor a work permit for a foreign individual with expertise match recruitment requirements.
– Contractors participating in bids and performing contracts;
– Representative offices, branches of enterprises, agencies and organizations licensed to be established by competent agencies;
– State agencies, political organizations, socio-political organizations, socio-political-professional organizations, social organizations, socio-professional organizations;
– A foreign non-governmental organization that is granted a registration certificate by a competent Vietnamese agency in accordance with Vietnamese law;
– Non-business organizations and educational institutions established in accordance with law;
– International organizations, offices of foreign projects in Vietnam; agencies and organizations permitted to be established and operated by the Government, Prime Minister, ministries and branches in accordance with law;
– The operating office of the foreign investor in the business cooperation contract or of a foreign contractor that is registered to operate in accordance with law;
– Organize law practice in Vietnam in accordance with the law;
– Cooperatives and unions of cooperatives established and operating under the Law on Cooperatives;
– Business households and individuals are allowed to conduct business in accordance with the law.
Thus, based on the content of business activities or the scope of activities of the organization, if there is a need to use foreign workers, they have the right to apply for a guarantee to apply for a work permit for foreigners to work legally in Vietnam.
Procedures for applying for a work permit for foreign workers
Pursuant to Articles 8, Articles 9 and 11 of Decree 152/2020/ND-CP, the application for work permits for qualified foreigners is done as follows:
* Before applying for a work permit: An application for approval of the need to employ foreign workers is required, except for some cases such as the foreigner who is the head of a representative office of an international organization in Vietnam. entered Vietnam with less than 3 months to offer services, is the owner of a limited liability company with capital from 3 billion VND.…
* Procedures for applying for a work permit:
Step 1: Prepare documents (follow the instructions above)
Step 2: Submit your application
– Submitter:
+ Employer: If the foreigner works in the following form:
Execution of employment contract.
Moving within the enterprise.
Working for foreign non-governmental organizations, international organizations in Vietnam are allowed to operate in accordance with the provisions of Vietnamese law.
Volunteers.
Managers, executives, experts, technical workers.
+ Vietnamese agencies, organizations and enterprises or foreign organizations and enterprises operating in Vietnam: If foreigners work in the following forms:
Performing all kinds of contracts or agreements on economic, commercial, financial, banking, insurance, science and technology, culture, sports, education, vocational education and health.
Contracted service provider.
+ Foreign workers:
Entering Vietnam to offer services.
Person responsible for establishing a commercial presence.
– Place of submission: Ministry of Labor – Invalids and Social Affairs or Department of Labor – Invalids and Social Affairs where the foreigner is expected to work.
– Deadline for submission: At least 15 days before the date the foreigner is expected to start working in Vietnam.
Step 3: Get a work permit
– Within 05 working days from the date of receipt of complete dossiers: The Ministry of Labor – Invalids and Social Affairs or the Department of Labor – Invalids and Social Affairs shall issue work permits to foreign workers according to the form.
– In case of refusal to issue a work permit: There is a written reply clearly stating the reason.
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Frequently asked questions
Normally, the employer will apply for a work permit for the foreign worker of the company at the Department of Labor, Invalids and Social Affairs in the province where the foreign worker will work.
Particularly for foreigners belonging to non-governmental organizations, international organizations, associations, etc., according to the provisions of Clause 1, Article 3 of Circular 40/2016/TT-BLDTBXH, they shall apply for a work permit. Department of Employment – Ministry of Labor – Invalids and Social Affairs.
Depending on the locality, where foreigners carry out the procedures for granting a work permit, the fee for making a work permit will be different (according to Circular 250/2016/TT-BTC).
For example, in Hanoi, the fee for a new work permit is 400,000 VND, in Ho Chi Minh City, the new application fee is 600,000 VND/work permit. The current highest fee is 1,000,000 VND/work permit. This fee is subject to change according to specific regulations.
Foreigners will not have to pay a work permit application fee. This fee will be paid by the foreign employer.
However, if you want to save time and effort, you can completely use our work permit consulting service.
Subjects to apply for a new work permit are clearly defined in Decree 152/2020/ND-CP on foreign workers working in Vietnam and recruiting and managing Vietnamese workers. to foreign organizations and individuals in Vietnam for the following purposes:
Execution of labor contracts;
Moving within the enterprise;
Performing various types of contracts or agreements on economics, commerce, finance, banking, insurance, science and technology, culture, sports, education, vocational education and health;
Contracted service providers;
Offering services;
Working for a foreign non-governmental organization or an international organization in Vietnam that is permitted to operate in accordance with Vietnamese law;
Managers, executives, experts, technical workers;
Participating in the implementation of bidding packages and projects in Vietnam;
Conclusion: So the above is Regulations on work permits for foreigners in Vietnam. Hopefully with this article can help you in life, please always follow and read our good articles on the website: lsxlawfirm.com
