Procedures for issuance of work permits for foreign employees in Vietnam

A. SUBJECTS TO APPLY FOR WORK PERMITS

Workers who are foreign nationals moving to Vietnam for employment (hereinafter referred to as foreign workers) for the purposes of:

a) performing employment contracts;

b) performing intra-company transfer program;

c) performing contracts or agreements on business, trade, finance, banking, insurance, science and technology, culture, sports, education, vocational training and health;

d) providing services under contracts;

dd) offering services;

e) working for foreign non-governmental organizations or international organizations in Vietnam that have been granted operating licenses in accordance with the Vietnamese law;

g) working as volunteers;

h) taking charge of establishing the commercial presence;

i) working as managers, executives, experts, technical workers;

k) performing packages or projects in Vietnam; or

l) accompanying members of foreign representative bodies in Vietnam who are authorized to work in Vietnam under an international treaty to which the Socialist Republic of Vietnam is a signatory as their relatives.

B. THE CONDITIONS FOR ISSUANCE OF WORK PERMITS

– Being 18 years of age or older and having full legal capacity;

– Having qualifications, occupational skills, practical experience and adequate health as prescribed by the Minister of Health, specifically:

A foreign employee must be a manager, an executive, an expert or a technical worker and has full documents as prescribed in Article 3 of Decree 152 as follows:

  • For a foreign employee who is an expert:
  • obtaining at least a bachelor’s degree or equivalent and at least 03 years of experience in his/her training field in corresponding with the job position/job assignment that he/she will be appointed in Vietnam;
  • obtaining at least 5 years of experience and a practicing certificate in corresponding with the job position that he/she will be appointed in Vietnam; or
  • For a foreign employee who is a technical worker:
  • Having been trained in a technical field or another major for at least 01 year and have worked for at least 03 years in his/her training field; or
  • Obtaining at least 5 years of experience in corresponding with the job position that he/she will be appointed in Vietnam.
  • For a foreign employee who is an executive or a manager:
  • Having an appointment decision;
  • Obtaining at least 3 years of experience in corresponding with the job position that he/she will be appointed in Vietnam.

– Not serving a sentence; not having an unspent conviction; not undergoing criminal prosecution under his/her home country’s law or Vietnam’s law;

– Having an acceptance of demand for foreign workers, except for cases where such demand is not required.

C. COMPOSITION OF DOSSIER

  1. An application form for issuance of the work permit (Template No. 11/PLI in Appendix I issued with Decree No. 152/2020/ND-CP), (attached file).
  2. A health certificate or a health check issued by a foreign or Vietnamese competent health facility issued within 12 months before the submission date of the application or the certificate as specified in regulations of the Minister of Health.
  3. A police (clearance) certificate or a document certifying that the foreign employee is not serving a sentence or has a criminal record expunged or is not facing a criminal prosecution issued by a foreign or Vietnamese authority. The police (clearance) certificate or the above document are issued within 06 months before the submission date of the application.
  4. Proofs as a manager, an executive, an expert, technical and certain jobs, works as follows:
  • Proof as a manager or an executive;
  • Proof as an expert or a technical worker, including: diplomas, certificates, certification of foreign agency, organization, enterprise in respect of a number of years’ experience of the expert or the technical worker;
  • Proof of experience of a foreign football player or an international transfer certificate (ITC) issued to the foreign football player or a document of the Vietnam Football Federation which certifies temporary or official registration of a player of a club affiliated to Vietnam Football Federation;
  • A pilot license issued by a Vietnamese competent authority, or issued by a foreign competent authority and validated by the Vietnamese competent authority, in case of a foreign pilot; or a certificate of eligibility for working on aircraft issued by the Ministry of Transport, in case of a flight attendant;
  • A certificate of competency in aviation maintenance issued by a Vietnamese competent authority, or issued by a foreign competent authority and validated by the Vietnamese competent authority, in case of a foreign worker who performs maintenance on aircraft;
  • A certificate of competency or validation of certificate of competence issued by Vietnamese competent authority to a foreign seafarer;
  • A certificate of high achievement in sports which is certified by the Ministry of Culture, Sports and Tourism, in case of a sports coach or at least one of the following certificates: AFC (Asian Football Federation) football coaching level B certificate or AFC goalkeeping coaching level 1 certificate or AFC fitness coaching level 1 certificate or AFC Futsal coaching level 1 certificate or any equivalent foreign certificate accredited by AFC;
  • A diploma issued by the competent authority in accordance with qualifications or standard qualifications in the Law on Education, the Law on Higher Education, the Law on Vocational Education and Regulation on organization and operation of foreign language and computer training centers issued by the Minister of Education and Training.
  1. 02 color photos (4cm x 6cm size, white background, front view, bare head, no color glasses), taken within 6 months before the submission date of application.
  2. An acceptance of demand for foreign workers (performed at Step 1 in Section SEQUENCE), unless it is not required.
  3. A valid certified true copy of passport as per the law.
  4. Documents relevant to the foreign employee:
  • For a foreign employee performing an intra-company transfer program: he/she must obtain a document issued by the foreign company to send him/her to work at a commercial presence of that company in Vietnam’s territory and a document justifying that he/she has been recruited by the foreign company at least 12 consecutive months prior to the transfer date;
  • For a foreign employee performing contracts or agreements on business, trade, finance, banking, insurance, science and technology, culture, sports, education, vocational training and health: an agreement or arrangement concluded between Vietnamese and foreign partners is required, which specifies the arrangement about sending foreign workers to Vietnam;
  • For a foreign employee providing services under contracts: a service contract concluded between Vietnamese and foreign partner is required and a document justifying that he/she has worked for the foreign company that has no commercial presence in Vietnam at least 2 years;
  • For a foreign employee offering services: he/she must obtain a document issued by the service provider to send him/her to Vietnam to negotiate the service provision.
  • For a foreign employee working for foreign non-governmental organizations or international organizations in Vietnam that have been granted operating licenses in accordance with the Vietnam law: he/she must obtain both a document that sends him/her to work for a foreign non-governmental organization or international organization in Vietnam, except for point a clause 1 Article 2 of this Decree, and the operation license of that foreign non-governmental organization or international organization in Vietnam as per the law.
  • For a foreign employee working as a manager, an executive, an expert, a technical worker he/she must obtain a document issued by the foreign enterprise, agency or organization to send him/her to work in Vietnam that is conformable with the expected job position.
  1. Application for issuance of work permit in special cases:
  • If a foreign employee who has been issued with a work permit that remains valid wishes to work for another employer at the same job position and job title in the work permit, an application for a new work permit shall include: a document issued by the former employer certifying that he/she has been working there, documents mentioned in clauses 1, 5, 6, 7 and 8 hereof and a certified true copy of the current work permit;
  • If a foreign employee who has been issued with a work permit that remains valid wishes to work for the same employer but at another job position or job title or working form in the work permit, an application for a new work permit shall include the documents mentioned in clauses 1, 4, 5, 6, 7 and 8 hereof and the current work permit or a certified true copy of the current work permit.

Note:

  • Any document mentioned in clauses 2, 3, 4, 6 and 8 hereof is 01 original or certified true copy;
  • if a document is written in a foreign language, it must be consular legalized, translated into Vietnamese and certified, unless it is exempt from consular legalization under an international treaty to which the Socialist Republic of Vietnam and the concerned foreign country are signatories or under the principle of reciprocity or as per the law.

D. SEQUENCE

Step 1: Request for an acceptance of demand for foreign employees

  • Submit directly:
  • At least 30 days before the date on which foreign employees are expected to be employed, the employer (except contractor) shall send a corresponding report about the demand for foreign employees to the Ministry of Labor, War Invalids and Social Affairs or the People’s Committee of the province.
  • Within 10 working days after receiving the valid corresponding report about the demand for foreign employees, the Ministry of Labor, War Invalids and Social Affairs or the People’s Committee of province shall issue a document specifying accepted job positions and non-accepted job positions.
  • Submit online:

The employer can also submit declarations and reports via the website http://dvc.vieclamvietnam.gov.vn/ according to the following procedure:

  • The employer registers an account at the Portal and submits the application, at least 20 days before the expected date of employment of the foreign employee;
  • Within 12 days from the date of receipt of the valid declaration and corresponding report about the demand for foreign employees, the competent authority shall send the result via email of the employer. If the submitted application is not valid, the competent authority shall issue a notice of correction.
  • After receiving the approval to use foreign employees, the employer directly submits or send by post the original documents to the competent authority. Within 08 hours, the agency receives the original dossier, the competent authority will return the original approval result to the employer.
  • A dossier consists of a corresponding report about the demand for foreign employees (Template No. 03/PLI in Appendix I of Decree No. 152/2020/ND-CP).

Step 2: Submit an application for a work permit for the foreign employee

  1. Prepare a full set of dossiers.
  2. At least 15 working days before the day on which a foreign employee starts to work 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, War Invalids and Social Affairs of the province where he/she is expected to work.
  3. Within 05 working days after receiving a duly completed application, the Ministry of Labor, War Invalids and Social Affairs or the Department of Labor, War Invalids and Social Affairs of the province where the foreign employee is expected to work shall issue a work permit to the foreign.

If the application is rejected, a written explanation is required.

Note:

For a foreign employee performing labor contract, after the foreign employee is issued with a work permit, the employer and the foreign worker must sign a written employment contract as per Vietnam’s labor law before the date on which the foreign worker is expected to work.

The employer shall send that employment contract to the competent authority that issued that work permit. The employment contract is the original or a certified true copy.

E. COMPETENT AUTHORITY

The Ministry of Labor, War Invalids and Social Affairs or the Department of Labor, War Invalids and Social Affairs of the province where he/she is expected to work.

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