With the current integrated economy, the granting of work permits to foreigners is of great concern to many businesses. To facilitate the development of businesses, the law has allowed foreign workers to work in Vietnam during the licensed period. To understand the conditions and procedures for foreign workers to be granted work permits in Vietnam, BKC LAW will provide customers with the following specific information.
According to the law, foreign workers working in Vietnam must meet the following conditions:
– Foreign workers working in Vietnam must have foreign nationality and must meet the following conditions:
+ Be 18 years of age or older and have full civil capacity;
+ Have professional qualifications, technical skills, work experience; have good health according to the regulations of the Minister of Health;
+ Not be a person who is serving a sentence or has not had his/her criminal record expunged or is being prosecuted for criminal liability according to the provisions of foreign law or Vietnamese law;
+ Have a work permit issued by a competent state agency of Vietnam.
In some cases, the law does not require foreign workers to have a work permit, such as: Owner or member contributing capital to a limited liability company with a capital contribution value of over 3 billion VND; workers entering Vietnam for a period of less than 3 months to perform service sales;…
Note: The term of the labor contract for foreign workers working in Vietnam must not exceed the term of the Work Permit. When employing foreign workers to work in Vietnam, the two parties can agree to enter into multiple fixed-term labor contracts.
Step 1: Announce the recruitment of Vietnamese workers for positions expected to recruit foreign workers on the Electronic Information Portal of the Ministry of Labor, War Invalids and Social Affairs (Department of Employment) or the Electronic Information Portal of the Employment Service Center by the Chairman of the People’s Committee of the province or centrally-run city within at least 15 days from the expected date of reporting. After failing to recruit Vietnamese workers for positions recruiting foreign workers, the employer is responsible for determining the need to use foreign workers.
In some cases, the employer does not have to determine the need to use foreign workers.
Step 2: The employer (except the contractor) determines the need to use foreign workers for each job position that Vietnamese workers cannot meet and reports 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 in advance from the expected date of using 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 disapproval of the use of foreign workers within 10 working days from the date of receiving the report.
Step 3: At least 15 days before the expected date of starting work in Vietnam, the person submitting the application for a work permit shall send it 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 application for a work permit, the Ministry of Labor, War Invalids and Social Affairs or the Department of Labor, War Invalids and Social Affairs of the place where the employee is expected to work shall issue a work permit to the foreign employee. In case the work permit is not issued, a written response stating the reason shall be issued.
Note: For foreign employees under a labor contract, after the foreign employee is granted a work permit, the employer and the foreign employee must sign a written labor contract in accordance with the provisions of Vietnamese labor law before the expected date of work for the employer. The employer must send the signed labor contract as required to the competent authority that issued the work permit. The labor contract must be an original or a certified copy.
Processing time: 40-50 days from the date the competent authority receives a complete and valid application.
– The employer’s request for a work permit.
– A health certificate or a health examination certificate issued by a competent medical agency or organization of a foreign country or Vietnam, valid for 12 months.
– A criminal record or a document confirming that the foreign employee is not serving a sentence or has not had his/her criminal record expunged or is being prosecuted for criminal liability by a foreign country or Vietnam, issued within 06 months from the date of issue to the date of application submission.
– Documents and papers proving that the employee is a manager, executive director, expert, technical worker and some occupations and jobs prescribed by law.
– 02 color photos (size 4 cm x 6 cm, white background, face looking straight, bare head, no colored glasses), taken within 06 months from the date of application submission.
– Document approving the need to use foreign workers, except for cases where it is not necessary to determine the need to use foreign workers.
– Certified copy of valid passport as prescribed by law.
– Documents related to foreign workers as prescribed.
Note: The above documents must be originals or certified copies. If they are from foreign countries, they must be consularly legalized, except for cases exempted from consular legalization according to international treaties to which the Socialist Republic of Vietnam and the foreign country concerned are both members or according to the principle of reciprocity or according to the provisions of law; translated into Vietnamese and certified according to the provisions of Vietnamese law.
With a team of experienced lawyers, solid legal knowledge and good bilingual consulting ability, BKC LAW is confident to be one of the best legal partners in the market to support the application for work permits for foreigners in Vietnam.
In addition, BKC LAW also provides the following services:
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info@bkclaw.vn
0901 3333 41