Procedures for Applying for a Work Permit for Foreigners in Vietnam (Work Permit)

In the context of the current integrated economy, the issuance of work permits for foreigners is of significant interest to many enterprises. To facilitate the development of businesses, the law permits foreign workers to enter and work in Vietnam for the duration of the issued permit. To provide clarity on the conditions and procedures for foreign workers to obtain a work permit in Vietnam, BKC LAW offers our valued clients the following specific information.

1. Conditions for foreign workers to work in Vietnam

According to legal regulations, foreign workers must fully satisfy the following conditions to work in Vietnam:
– A foreign worker working in Vietnam is a person of foreign nationality and must meet the following conditions:
+ Be at least 18 years of age and possess full civil act capacity;
+ Possess professional qualifications, technical expertise, occupational skills, and work experience; have sufficient health as prescribed by the Minister of Health;
+ Not be serving a sentence, not have had the criminal record expunged, or not be under criminal prosecution in accordance with the laws of the foreign country or Vietnamese law;
+ Hold a work permit issued by the competent Vietnamese state authority.

In certain cases, the law does not require foreign workers to hold a work permit, for example: owners or capital-contributing members of a limited liability company with a contributed capital value exceeding VND 3 billion; foreign workers entering Vietnam for a period of less than 3 months to perform service provision; etc.

Note: The term of the labor contract for foreign workers working in Vietnam must not exceed the validity period of the work permit. When employing foreign workers in Vietnam, the parties may agree to conclude multiple definite-term labor contracts.

2. Conditions for recruiting and employing foreign workers in Vietnam

• Enterprises, agencies, organizations, individuals, and contractors may only recruit foreign workers for managerial, executive, expert, and technical positions that Vietnamese workers are not yet able to fulfill according to production and business needs.
• Before recruiting foreign workers to work in Vietnam, enterprises, agencies, organizations, and individuals must explain the demand for foreign labor and obtain written approval from the competent state authority.
• Before recruiting and employing foreign workers in Vietnam, contractors must specify the job positions, professional qualifications, technical skills, work experience, and duration for which foreign workers are required to perform the bidding package, and obtain written approval from the competent state authority.

3. Procedures for issuing work permits to foreigners (Work Permit)

Step 1: Announce the recruitment of Vietnamese workers for positions intended to recruit foreign workers on the electronic portal of the Ministry of Labor, Invalids and Social Affairs (Department of Employment) or the electronic portal of the Employment Service Center under the People’s Committee of the province or centrally-run city for at least 15 days from the planned date of submitting the explanation report. After failing to recruit Vietnamese workers for the positions intended for foreign workers, the employer is responsible for determining the demand for foreign workers.

In certain cases, the employer is not required to determine the demand for foreign workers.

Step 2: The employer (except contractors) determines the demand for foreign workers for each job position that Vietnamese workers cannot yet fulfill and submits an explanation report to the Ministry of Labor, Invalids and Social Affairs or the Department of Labor, Invalids and Social Affairs where the foreign worker is expected to work, at least 15 days before the planned date of employing the foreign worker. The Ministry of Labor, Invalids and Social Affairs or the Department of Labor, Invalids and Social Affairs shall issue a written approval or non-approval for the employment of foreign workers within 10 working days from the date of receipt of the explanation report.

Step 3: At least 15 days before the foreign worker is expected to commence work in Vietnam, the applicant shall submit the work permit application to the Ministry of Labor, Invalids and Social Affairs or the Department of Labor, Invalids and Social Affairs where the foreign worker is expected to work.

– Within 05 working days from the date of receipt of a complete work permit application, the Ministry of Labor, Invalids and Social Affairs or the Department of Labor, Invalids and Social Affairs where the foreign worker is expected to work shall issue the work permit to the foreign worker. In case of non-issuance, a written reply stating the reasons shall be provided.

Note: For foreign workers employed under a labor contract, after the work permit is issued, the employer and the foreign worker must sign a written labor contract in accordance with Vietnamese labor law before the date the foreign worker is scheduled to start working. The employer must send the signed labor contract (as required) to the authority that issued the work permit. The labor contract must be the original or a certified copy.

Processing time: 40-50 days from the date the competent authority receives a complete and valid dossier.

4. Dossier for applying for a work permit

– Application for issuance of a work permit by the employer.
– Health certificate or medical examination certificate issued by a competent medical authority of a foreign country or of Vietnam, valid within 12 months.
– Judicial record certificate or document certifying that the foreign worker is not serving a sentence, has not had the criminal record expunged, or is not under criminal prosecution, issued by a foreign country or Vietnam, not older than 06 months from the date of issuance to the date of dossier submission.
– Documents and papers proving that the individual is a manager, executive director, expert, technical worker, or holds certain occupations/jobs as prescribed by law.
– 02 color photos (size 4 cm × 6 cm, white background, full face, bare head, no tinted glasses), taken no more than 06 months prior to the dossier submission date.
– Document approving the demand for foreign workers, except in cases where determination of the demand is not required.
– Certified copy of a valid passport as prescribed by law.
– Other relevant documents concerning the foreign worker as prescribed.
Note: The above documents must be originals or certified copies; if issued abroad, they must be consular legalized, except where consular legalization is exempted under international treaties to which the Socialist Republic of Vietnam and the foreign country are both parties, or under the principle of reciprocity, or as prescribed by law; translated into Vietnamese and notarized/certified in accordance with Vietnamese law.

5. Work permit application services for foreigners in Vietnam by BKC Law

With a team of senior lawyers with extensive experience, solid legal knowledge, and excellent bilingual consulting capabilities, BKC LAW is confident in being one of the best legal partners in the market to assist with work permit applications for foreigners in Vietnam.

In addition, BKC LAW also provides the following services:

• Litigation
• Post-establishment corporate services
• Comprehensive accounting and tax services
• Services for foreigners in Vietnam