To be able to work in Vietnam, foreign workers need to meet the conditions prescribed by Vietnamese law, in which a Work permit is one of the important legal documents for foreigners to work. legal in Vietnam. What are the working permit conditions and what are the procedures? The following article of CIS Law Firm will provide detailed instructions on how to apply the latest Work permit for foreigners.
MỤC LỤC BÀI VIẾT
- 1. What is a work permit?
- 2. What cases must apply for a Work permit?
- 3. Why apply for a work permit?
- 4. Requirements for a work permit
- 5. Latest Work permit application dossier
- 6. Procedure for making Work Permit
- 7. How long is the work permit’s duration?
- 8. How much does applying for work permits for foreigners cost?
- 9. Work permits-making service of CIS Law Firm
1. What is a work permit?
Work permit is a type of compulsory permit issued by Vietnam’s state management agency in charge of labor to foreigners when they want to work in Vietnam, which clearly specify: the name of the Company, the enterprise that the foreigner wants to work in Vietnam. The foreigner will work, address, job position, title, professional qualifications of the Foreigner and the duration of the work permit.
2. What cases must apply for a Work permit?
Foreigners working in Vietnam must carry out procedures to apply for a Work permit, except for cases where they are exempted.
Currently, there are 20 cases of Work permit exemption specified in Article 154 of the Labor Code No. 45/2019/QH14 and Article 7 of Decree 152/2020/ND-CP on foreign workers working in Vietnam. and recruiting and managing Vietnamese employees working for foreign organizations and individuals in Vietnam, specifically as follows:
| 1. Foreigners are owners or capital contributors of a limited company with a capital contribution value of VND 3 billion or more.
2. Foreigner who is the Chairman of the Board of Directors or a member of the Board of Directors of a joint-stock company with a capital contribution value of 3 billion VND or more. 3. The foreigner is the head of a representative office or project or is primarily responsible for the operation of an international organization or foreign non-governmental organization in Vietnam. 4. Foreigner is a foreign lawyer who has been granted a license to practice law in Vietnam in accordance with the Law on Lawyers. 5. Foreigners moving within enterprises within 11 service industries in Vietnam’s service commitment schedule with the World Trade Organization, including: business, information, construction, distribution , education, environment, finance, health, tourism, culture, entertainment and transport. 6. Foreigners entering Vietnam to provide professional and technical consulting services or perform other tasks in service of research, construction, appraisal, monitoring and evaluation, management and implementing programs and projects using official development assistance (ODA) sources as prescribed or agreed upon in international treaties on ODA signed between competent Vietnamese and foreign agencies. 7. Foreigners are licensed by the Ministry of Foreign Affairs to operate information and press in Vietnam in accordance with law. 8. Foreigners sent to Vietnam by competent foreign agencies and organizations to teach and conduct research at international schools under the management of foreign diplomatic missions or the United Nations; establishments and organizations established under agreements that Vietnam has signed or joined. 9. Foreigners who are volunteers working in Vietnam voluntarily and without pay to implement international treaties to which the Socialist Republic of Vietnam is a signatory and certified by the agency foreign diplomatic representatives or international organizations in Vietnam. 10. Foreigners entering Vietnam to work as managers, executives, experts or technical workers for less than 30 days and no more than 03 times in a year. 11. Foreigners entering Vietnam for less than 3 months to make a service offering. 12. Foreigners entering Vietnam with a term of less than 3 months to handle problems, technical situations, complex technologies that arise affecting or potentially affecting production and business that experts in Vietnam and foreign experts currently in Vietnam can’t handle. 13. Foreigners entering Vietnam to comply with international agreements signed by central and provincial agencies and organizations in accordance with law. 14. Foreigners are students, students studying at overseas schools and training institutions that have an agreement to practice in agencies, organizations and enterprises in Vietnam; trainees and trainees on Vietnamese ships. 15. Foreigners are relatives of members of foreign representative offices in Vietnam. 16. Foreigners with official passports come to work for state agencies, political organizations, socio-political organizations. 17. Foreigners are Persons responsible for establishing commercial presence. 18. Foreigners are certified by the Ministry of Education and Training as foreign workers entering Vietnam for teaching and research purposes. 19. Foreigners marrying Vietnamese and living in Vietnamese territory. 20. Cases under the provisions of international treaties to which the Socialist Republic of Vietnam is a contracting party. |
3. Why apply for a work permit?
Work permit is a mandatory legal document for foreign workers to work legally in Vietnam, except for the cases of work permit exemption as mentioned in Section 2, whereby:
– Work permit is also a required document for foreigners to apply for a visa to enter Vietnam, and is also a document to apply for a temporary residence card for staying in Vietnam.
– Foreigners with Work permit can sponsor their relatives (spouse, children) to reside in Vietnam for visa and Temporary Residence Card.
– When a foreigner working in Vietnam does not have a work permit (except for cases where the work permit is exempted), he will be administratively fined from VND 15,000,000 to VND 25,000,000, and at the same time, may be deported. from Vietnamese territory.
– Companies that employ foreigners to work without a work permit (except for cases where the work permit is exempted), may be subject to administrative penalties with a fine of up to VND 75,000,000.
4. Requirements for a work permit
Conditions for foreigners to be granted work permits are specified in Article 151 of the Labor Code 2019 including:
– Being 18 years or older and having full civil act capacity;
– Have sufficient health as prescribed;
– Having professional qualifications, techniques, skills and working experience;
– Not being a person who is currently serving a sentence or has not yet had his/her judicial record cleared or is being examined for penal liability in accordance with foreign or Vietnamese laws;
– Vietnam visa must be valid during the work permit period;
– Must have a guarantee company to work in Vietnam;
– Having professional qualifications, techniques, skills and working experience;
– Meet the conditions for each job position.
Eg:
For experts who are foreign workers, they must fall into one of the following cases:
– Possessing a university degree or higher or equivalent and having at least 3 years of working experience in a specialized field of training suitable to the job position that the foreign worker is expected to work in Vietnam;
– Having at least 5 years of experience and having a practicing certificate suitable to the position that the foreign worker is expected to work in Vietnam.
For technical workers being foreign workers, they must fall into one of the following cases:
– Have been trained in a technical or other discipline for at least 1 year and have worked for at least 3 years in the trained specialty;
– Having at least 5 years of experience working in a job suitable to the position that the foreign worker is expected to work in Vietnam.
5. Latest Work permit application dossier
To be granted a Work permit, you need to prepare a set of documents including:
– A written request for a work permit (Download);
– Written approval of the need to employ foreign workers;
– Health Certification.
– A judicial record card or a foreign document certifying that the foreign worker is not a person who is serving a sentence or has not yet been remitted or is being examined for penal liability. granted for not more than 6 months.
– Documents, papers on qualifications or proof of experience.
– 02 color photos.
– Written approval of the need to employ foreign workers.
– Passport.
– Certificate of business registration.
6. Procedure for making Work Permit
To do Work Permit, you have to go through 5 steps as follows:
Step 1: Apply for a judicial record
– Foreigners can apply for a judicial Record in the country of which the Foreigner is a national. In this case, the judicial record card must be consular legalized with a notarized translation.
– In case Foreigners are residing in Vietnam, they can apply for a Judicial Record at the Department of Justice of the province/city of Vietnam where the Foreigner resides.
| Note: Judicial record cards are issued within 06 months from the date of issue to the date of application submission. |
Step 2: Health check
– Foreigners can have medical examinations abroad. In this case, the health certificate must be consular legalized with a notarized translation.
– In case the Foreigner is residing in Vietnam, the Foreigner can have a medical examination at a Vietnamese medical facility.
| Note: The medical certificate is valid for 12 months. |
Step 3: Prepare a set of documents to apply for a Work permit
In addition to preparing a judicial record card and a medical examination paper as mentioned in Step 1 and step 2, the Foreigner and the Company need to prepare all other documents, including:
– Documents, papers on qualifications or proof of work experience;
– 02 color photos;
– Passport;
– Certificate of business registration.
Step 4: Report explaining the demand for foreign workers
The company submits a report explaining the need for foreign workers.
♦ Profile composition includes:
– Official letter explaining the need to employ foreign workers (Download).
– Certificate of business registration.
♦ Submit application at: Department of Labor – Invalids and Social Affairs of the province/city where the company’s head office is located.
♦ Deadline for submission: At least 30 days before the expected date of using Foreigners.
♦ Time to get results: 10 days from the date of submission of complete and valid dossiers.
Step 5: Apply for a Work Permit
The company submits an application for a Work Permit.
♦ Profile composition includes:
– Written request for Work Permit (Download).
– Health certificate;
– Judicial history card;
– Documents, diplomas or proof of work experience;
– 02 color photos;
– Written approval of the need to employ foreign workers;
– Passport;
– Certificate of business registration.
♦ Deadline for submission: At least 15 days before, from the date the Foreigner is expected to start working in Vietnam.
♦ Time to get results: 05 working days from the date of submission of complete and valid dossiers.
Note: After the Foreigner is granted a Work Permit, the Company must carry out the following procedures:
♦ Sign a labor contract;
♦ Pay health insurance and social insurance for foreigners;
♦ Report on employment of foreign workers: Before July 5 and January 5 of the following year, the Company reports the first 6 months of the year and annually on the situation of using foreign workers.
Apply for a temporary residence card for the duration of the Work permit for foreigners.
7. How long is the work permit’s duration?
Work permits are granted according to the terms of the work permit application (labor contract, agreement, etc.) but must not exceed 02 years.
When the Work permit is about to expire, if the foreigner continues to work at the Company, the Company needs to carry out procedures for extending the Work permit.
8. How much does applying for work permits for foreigners cost?
According to the provisions of Article 3 of Circular No. 85/2019/TT-BTC stipulating that the fee for granting a Work permit to foreigners working in Vietnam will be decided by the Provincial People’s Council. Therefore, depending on the locality, the fee for granting a work permit will be different. In the city. Ho Chi Minh City, Binh Duong, Dong Nai, Work permit granting fee: 600,000 VND/permit.
In addition, there are other fees: fee for medical examination, fee for judicial record application, fee for translation, certification of documents, fee for consular legalization of documents issued by foreign agencies and organizations such as: foreign degree.
9. Work permits-making service of CIS Law Firm
With a team of experienced, reputable and responsible lawyers, CIS Law Firm has supported many work permit holders. CIS Law Firm will advise, draft documents and assist you in the following tasks:
– Advice on procedures and conditions for applying for a work permit in Vietnam;
– Evaluation and examination of dossiers;
– Consulting procedures, application documents for the issuance of judicial records for foreigners in Vietnam;
– Consulting documents, medical examination procedures in Vietnam to apply for a Work permit;
– Translate, notarize and consular legal documents serving the issuance of work permits;
– Completing the application for a Work permit in Vietnam for customers;
– Carry out procedures for applying for a work permit at a competent state agency;
– Consulting on legal procedures for signing a labor contract after being granted a work permit in Vietnam;
– Consulting on legal procedures on management and reporting on the use of foreign workers in Vietnam;
– Work permit extension;
– Issue and change Work permit.
Above are detailed instructions on Work permit procedures for foreigners. If you have problems in the process of applying for a Work permit, or you have any unclear content or need legal assistance, please immediately contact a lawyer of CIS Law Firm with the following information:
BUSINESS LEGAL DEPARTMENT – CIS LAW FIRM
109 Hoang Sa, Da Kao Ward, District 1, City. Ho Chi Minh
Phone: 028 3911 8581 – 3911 8582 Hotline: 0916568101
Email: info@cis.vn
