Vietnam’s economy is developing day by day, opening up many attractive job opportunities that attract a large number of foreign workers. In order for foreign workers to legally work in Vietnam, foreign workers need a work permit. To answer, let’s find out together with Lawyer X through the article “Service of making work permits for foreigners in Vietnam” below. We invite you to read along for more useful information.
Legal grounds
Decree 152/2020/ND-CP
Conditions for foreigners to be granted work permits
5 conditions for granting work permits to foreigners include:
Firstly, have full civil act capacity as prescribed by law.
Secondly, have health suitable for job requirements.
Thirdly, are managers, executives, specialists or technical workers.
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.
Fourthly, not being a criminal or being examined for penal liability in accordance with Vietnamese and foreign laws.
Fifthly, be approved in writing by the competent state agency on the use of foreign workers.
Who is a foreigner who is granted a work permit in Vietnam?
The granting of a foreign work permit is applicable to foreigners working in Vietnam, specifically the following subjects:
Performance of 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 non-governmental organization or an international organization in Vietnam that is permitted to operate in accordance with Vietnamese law;
Volunteers;
Person responsible for establishing a commercial presence;
Managers, executives, experts, technical workers;
Participating in the implementation of bidding packages and projects in Vietnam;
Relatives of members of foreign representative missions in Vietnam are allowed to work in Vietnam according to the provisions of international treaties to which the Socialist Republic of Vietnam is a contracting party.
The process of granting work permits for foreign workers in Vietnam
Procedures for applying for a work permit are based on the provisions of Article 11 of Decree 152/2020/ND-CP:
- At least 15 days before the date the foreign worker is expected to start working in Vietnam, the applicant shall submit an application for a work permit to the Ministry of Labor, War Invalids and Social Affairs or the Department of Labor. Labor – War Invalids and Social Affairs where the foreign worker is expected to work is regulated as follows:
a) The employer in the case of foreign workers working in the form specified at Points a, b, e, g, i and k, Clause 1, Article 2 of this Decree;
b) Vietnamese agencies, organizations and enterprises or foreign organizations and enterprises operating in Vietnam and foreign workers come to work in the form specified at Points c and d, Clause 1, Article 2 of the Decree. this;
c) Foreign workers entering Vietnam to offer services, the person responsible for establishing a commercial presence in the form specified at Points dd and h, Clause 1, Article 2 of this Decree.
- Within 05 working days from the date of receipt of a complete application for a work permit, the Ministry of Labor – Invalids and Social Affairs or the Department of Labor – Invalids and Social Affairs where the employee is expected to work. grant work permits to foreign workers according to Form No. 12/PLI Appendix I issued together with this Decree. The work permit form is uniformly printed and issued by the Ministry of Labor, War Invalids and Social Affairs. In case the work permit is not granted, a written reply clearly stating the reason.
- For foreign workers specified at Point a, Clause 1, Article 2 of this Decree, after the foreign worker is granted a work permit, the employer and the foreign worker must sign enter into a written labor contract in accordance with Vietnamese labor law before the expected date of employment for the employer.
The employer must send the signed labor contract upon request to the competent authority that issued the work permit. The employment contract is the original or a certified copy.
How long is the work permit?
The term of a work permit is specified in Article 10 of Decree 152/2020/ND-CP:
The term of a work permit is granted according to the term of one of the following cases but must not exceed 02 years:
The term of the labor contract is expected to be signed.
Term of the foreign party sending foreign workers to work in Vietnam.
The duration of the contract or agreement signed between the Vietnamese and foreign partners.
The term of the contract or service provision agreement signed between the Vietnamese and foreign partners.
The time limit is stated in the document of the service provider sending foreign workers into Vietnam to negotiate service provision.
The term has been determined in the operation license of the agency, organization or enterprise.
The time limit in the document of the service provider sending the foreign worker to Vietnam to establish the commercial presence of that service provider.
The time limit in the document proving that the foreign worker is allowed to participate in the operation of a foreign enterprise that has established a commercial presence in Vietnam.
The time limit specified in the written approval to employ foreign workers, except for the case where a report explaining the need to employ foreign workers is not required as prescribed at Point b, Clause 1, Article 4 of this Decree.
Service of applying for a work permit of Lawyer X
What is a work permit package?
Work permit service is that foreigners only need to provide Passport, Health Certificate and personal information, and the rest is done by Lawyer X for customers. Lawyer X will assist foreigners in preparing work permit documents including:
Make a judicial record card No. 01 confirming that the foreigner has no criminal record.
Consulting suitable labor position for customers
Apply for a letter of approval to use foreign workers for companies in Vietnam
Visa extension pending work permit application.
Prestigious, fast service are also our highlights that customers need to know. So when you have a need to get a work permit for a foreigner, please contact Lawyer 247 today.
What documents are required to apply for a foreign work permit?
A common problem in completing work permit procedures has always been related to incomplete or incorrect documents required by the Department of Labor. Lawyer 247 always has a way to support clients with all the necessary documents in providing services. Accordingly, the list of necessary documents to apply for a work permit includes:
Written approval of the need to employ foreign workers.
Health certificate of foreigners.
Criminal record of foreigners.
Notarized copy of the foreigner’s passport.
A copy of the operation license of the foreign employer.
Documents and papers proving that they are managers, executives, experts, technical workers and certain occupations and jobs.
For foreign workers who are experts: University degree or higher or equivalent and have at least 3 years of working experience in the field of vocational education relevant to the position the foreign worker is expected to hold. in charge in Vietnam. Or have at least 5 years of experience and practice certificate relevant to the position in which the foreign worker is expected to work in Vietnam.
For foreign employees who are managers, documents proving that the company manager complies with the provisions of Articles , Article 2 of the Company Law, or is the head or deputy head of an agency. .
For foreign employees, the General Director is the person who directs and directs the departments of the agency, organization or enterprise.
For foreign workers who are technical workers who are foreign workers: At least one year of education in a technical or other field and at least three years of professional education. Or have at least 5 years of experience in the profession, depending on the position the foreign worker intends to work in Vietnam.
What documents are required in your case? If you need advice on preparing a work permit according to the latest regulations, please contact us. We are always ready to help you quickly and conscientiously.
Services of LSX
Prestigious professional services: Firstly, the team of consultants and consultants for many years in the field of civil status, and customer support.
On-time: Certainly, with the motto “Get your lawyer right at your fingertips”, we ensure the service always performs on time. The rights and interests of customers always come first.
Cost: Besides, LSX’s service costs are highly competitive; depending on the nature of the particular case. So, we want our guests to have the best possible service experience. Therefore, costs which guaranteed to be the most suitable and economical for customers.
Confidentiality of client information: Finally, all brand information of client LSX will be 100% confidential.
Please contact us immediately if you have any questions about the “Service of making work permits for foreigners in Vietnam”
Contact LSX
The above article has provided detailed information related to the issue “Service of making work permits for foreigners in Vietnam”.LSX Law firm is proud to be a leading legal consulting company, with the mission of bringing lawyers to your fingertips. We will support and answer legal issues for you quickly, efficiently and reliably. If you have any questions about the law, please get in touch with us via hotline: +84846175333 or Email: [email protected]
Please see more
Can foreigners extend their work permit when the passport has expired in Vietnam?
The process of applying for a work permit for foreign teachers in Vietnam
Tax incentives for agricultural production enterprises in Vietnam
Frequently asked questions
Dossier of application for a work permit should be submitted to the Ministry of Labor, War Invalids and Social Affairs or the Department of Labor, War Invalids and Social Affairs in the province where the foreign worker is expected to work at least 15 days before the date of employment. foreign workers are expected to start working. If the application is complete and valid, the applicant will pay the work permit fee and receive an appointment letter to return the results. If not, the applicant will be instructed to supplement the application.
According to Clause 3, Article 11 of Decree 152/2020/ND-CP, the order of work permit issuance is as follows:
For foreign workers specified at Point a, Clause 1, Article 2 of this Decree, after the foreign worker is granted a work permit, the employer and the foreign worker must sign a labor contract. written labor contract in accordance with Vietnamese labor law before the expected date of employment for the employer.
The employer must send the signed labor contract upon request to the competent authority that issued the work permit. The employment contract is the original or a certified copy.
Conclusion: So the above is Service of making 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
