1. Subjects granted work permits in Vietnam
Subjects granted work permits are prescribed
in Decree No. 152/2020/ND-CP on work permits for foreign workers entering Vietnam in the following forms:
- Performing labor contracts;
- Move within the enterprise;
- Performance of all kinds of contracts or agreements on economics, trade, finance, banking, insurance, science and technology, culture, sports, education, vocational education and health;
- Contracted service providers;
- Offering services;
- Working for foreign non-governmental organizations and international organizations in Vietnam permitted to operate in accordance with the provisions of Vietnamese law;
- Managers, executives, experts, technical workers;
- Participate in the implementation of procurements and projects in Vietnam;
2. Where to apply for a work permit
The employer shall submit an application to the Provincial Department of Labor, War Invalids and Social Affairs in the province where the foreign worker will work.
In cases where foreigners belong to non-governmental organizations, international organizations, associations, etc. as prescribed in Clause 1 Article 3 of Circular No. 40/2016/TT-BLDTBXH, they shall submit applications for work permits at the Department of Employment – Ministry of Labor, War Invalids and Social Affairs.
. Procedures for applying for a work permit for foreigners
Step 1: Register the recruitment demand for foreign workers
The dossier includes:
- Copy y Business Registration
- Dispatch for registration of recruitment needs, which may be:
- Referral/power of attorney (if the applicant is not the legal representative of the enterprise).
The place of application is the Ministry of Labor, War Invalids and Social Affairs or the People’s Committee of the province or centrally run city where the foreigner will work.
The approval period is 10 business days.
Step 2: Prepare the application for a work permit
Documents to prepare:
- Written request for issuance of work permit;
- Health certificates or health certificates issued by competent medical organizations in Vietnam (must be valid for less than 12 months up to the date of application submission);
- Judicial records shall be granted for no more than 06 months from the date of submission of dossiers;
- Documents proving the qualifications suitable for the job of managers, executives, experts or technical employees: qualifications, certification of experience from other companies …;
- Certified copy of passport;
- In addition, for industries and professions with special requirements (football players, pilots, aircraft maintenance) or cases of foreign workers providing services or performing contracts, offering services … in Vietnam, the application will include other shoes in accordance with the law.
Step 3: Apply for a work permit
Dossiers of application for work permits should be submitted to the Ministry of Labor, War Invalids and Social Affairs or provincial Departments of Labor, War Invalids and Social Affairs of which foreign workers are expected to work at least 15 days before the date the foreign workers are expected to start working.
The processing time of a work permit is usually 05 working days from the date of receiving a complete dossier.
Step 4. Get a work permit
Within 05 days, the Ministry of Labor, War Invalids and Social Affairs or the Department of Labor, War Invalids and Social Affairs grants work permits under Decree 152/2020/ND-CP. In case of refusal to issue a work permit, the Ministry or department of Labor, War Invalids and Social Affairs shall issue a written reply stating the reason.
Duration of Vietnamese work permit
According to Article 10 of Decree No. 152/2020/ND-CP, clearly stipulates the duration of the work permit issued according to the duration of one of the following cases but not exceeding 02 years: Above is all information about the employment of work permits for foreign workers in Vietnam. This information will be updated regularly if new changes are made. If you have any questions regarding the company’s application for a work permit for foreign workers, please call us on (028) 38201 012 for specific advice.