Apply for visa, work permit in Vietnam

With the need to recruit foreign workers to Vietnam to work more and more, Vietnamese law allows businesses, agencies, organizations, individuals and contractors to recruit foreign workers to fill positions. management, administration, experts and technical labor that Vietnamese workers cannot meet according to production and business needs. In order for foreign workers to work legally in Vietnam, foreign workers need a work permit. HappyTax would like to send you a summary of the legal information you need to know about the procedure for granting a work permit in Vietnam.

Legal documents guiding procedures for granting work permits

  • Labor Code 2019 takes effect from January 1, 2021;
  • Decree 152/2020 ND-CP dated December 30, 2020 regulating foreign workers working in Vietnam and recruiting and managing Vietnamese employees working for foreign organizations and individuals in Vietnam Male.

Conditions for foreigners to be granted work permits in Vietnam

  • Being 18 years or older and having full civil act capacity;
  • Having professional qualifications, techniques, skills and working experience; be healthy as prescribed by the Minister of Health;
  • Not being a person who is currently serving a sentence or has not yet had his/her criminal record cleared or being examined for penal liability in accordance with foreign or Vietnamese laws;
  • Having a work permit issued by a competent Vietnamese state agency, unless the foreign worker working in Vietnam is not eligible for a work permit under Article 154 of the 2019 Labor Code.

In addition, foreign workers working in Vietnam must comply with Vietnamese labor law and be protected by Vietnamese law, except in the case of an international treaty to which the Socialist Republic of Vietnam is a contracting party. Members have other regulations.

Who is a foreigner who is granted a work permit in Vietnam?

The granting of a foreign work permit is applicable to foreigners working in Vietnam, specifically the following subjects:

  • Performance of labor contracts;
  • Moving within the enterprise;
  • Investors contribute capital to Vietnamese companies, establish Vietnamese companies but contribute less than 3 billion Vietnam dong;
  • Performing all kinds of contracts or agreements on economy, commerce, finance, banking, insurance, science and technology, culture, sports, education, vocational education and health;
  • Contracted service providers;
  • Offering services;
  • Working for a foreign non-governmental organization or an international organization in Vietnam that is permitted to operate in accordance with Vietnamese law;
  • Volunteers;
  • Person responsible for establishing a commercial presence;
  • Managers, executives, experts, technical workers;
  • Participating in the implementation of bidding packages and projects in Vietnam;
  • Relatives of members of foreign representative missions in Vietnam are allowed to work in Vietnam according to the provisions of international treaties to which the Socialist Republic of Vietnam is a contracting party.

List of work permit application documents and notes on work permit application documents

Dossier to issue a work permit to prepare

  • A health certificate or medical examination certificate issued by a competent foreign or Vietnamese medical agency or organization is valid for 12 months from the date of signing the health conclusion to the date of submission of the application. profile or certificate of health as prescribed by the Minister of Health.
  • A criminal record card or a document certifying that the foreign worker is not a person who is serving a sentence or has not yet been expunged, or is being examined for criminal liability by a foreign country or by a foreign employee. Vietnam level.

Notes on the criminal record card in the work permit application

  • For a judicial record card issued abroad: a judicial record card issued or a document certifying that the foreign worker is not a person who is currently serving a sentence or has not yet been remitted or is in the process of serving a sentence. The time limit for criminal prosecution granted in a foreign country shall not exceed 6 months from the date of issuance to the date of submission of the dossier.
  • For the criminal record card issued in Vietnam: If the employee has a confirmation of temporary residence in Vietnam and is currently residing in Vietnam, he or she can apply for a criminal record card at the Department of Justice where the foreigner is residing. residing in Vietnam to apply for a work permit. The duration of a criminal record issued in Vietnam to a foreigner must not exceed 6 months from the date of issuance to the date of submission of the dossier.

Documents and papers proving that you are a manager, executive director, expert or technical worker

Experts fall into one of the following cases:

  • Having 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 in which 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 in which the foreign worker is expected to work in Vietnam;
  • Manager is a person who manages an enterprise as prescribed in Clause 24, Article 4 of the Law on Enterprises or is the head or deputy of the head of an agency or organization.
  • The Chief Executive Officer is the person who heads and directly manages the unit under the agency, organization or enterprise.
  • Technical workers fall into one of the following cases:
  • Having been trained in a technical or other discipline for at least 1 year and working for at least 3 years in the trained specialty;
  • Having at least 5 years of experience in working in a job suitable to the position that the foreign worker is expected to work in Vietnam.

Note: Documents proving that you are an expert or a technical worker as prescribed, including: diplomas, certificates, written certifications of foreign agencies, organizations and enterprises about the number of years of experience of the specialist. workers, technical workers;

Photo submitted with application

02 color photos (size 4 cm x 6 cm, white background, straight face, bare head, not wearing colored glasses), photos taken not older than 06 months from the date of application.

Copy of personal documents

Certified copy of valid passport as prescribed by law. Include all pages of the passport.

Other documents

  • For foreign workers moving within the enterprise, the following documents are required:
  • The document of the foreign enterprise sending to work at the commercial presence of that foreign enterprise in the Vietnamese territory;
  • Documents proving that the foreign worker has been recruited by that foreign enterprise before working in Vietnam for at least 12 consecutive months;
  • For foreign workers to perform various types of contracts or agreements as prescribed, the following documents are required:

Contracts or agreements signed between Vietnamese and foreign partners,

Contracts in which there must be agreements on foreign workers working in Vietnam;

  • For foreign workers who are service providers under contract, the following documents are required:
  • Service provision contract signed between the Vietnamese side and the foreign party and the document proving that the foreign worker has worked for the foreign enterprise without having a commercial presence in Vietnam for at least 2 years. ;
  • For foreign workers offering services, there must be a document:
  • Documents of service providers sending foreign workers to Vietnam to negotiate service provision;
  • For foreign workers working for foreign non-governmental organizations or international organizations in Vietnam, the following documents are required:

Documents of agencies or organizations sending foreign workers to work

  • Documents of agencies or organizations sending foreign workers to work for foreign non-governmental organizations or international organizations in Vietnam and operation permits of foreign non-governmental organizations, international organizations economy in Vietnam in accordance with the law;
  • For foreign workers who are managers, executives, experts or technical workers, the following documents are required: Documents of foreign enterprises, agencies or organizations sending foreign workers to work. working in Vietnam and suitable for the intended position.

Some notes when preparing a work permit application

  • Documents and records that need consular legalization and notarized translation
  • All the above-mentioned documents of foreigners issued in foreign countries must be consular legalized, then translated into Vietnamese and notarized and authenticated before submitting the dossier, except for papers and documents that are notarized or authenticated. exempt from consular legalization according to the provisions of Vietnamese law or international treaties to which Vietnam and the foreign country concerned are members, or on the principle of reciprocity.

The process of granting work permits for foreign workers in Vietnam

Step 1. Approve the need to use foreign workers

At least 30 days before the expected date of employment of foreign workers, the employer (except for contractors) shall send a report explaining the need to employ foreign workers to the Ministry of Labor and War Invalids. and Social Affairs or the Chairman of the Provincial People’s Committee.

  • Within 10 days from the date of receipt of the valid declaration and report explaining the need to employ foreign workers, the approval agency will send the results via email of the employer. If the submitted application is not valid, the approval agency will issue a notice of correction.
  • The dossier includes: Form of report explaining demand for foreign workers (under form No. 01, Appendix 01 of Decree No. 152/2020/ND-CP) together with a copy of enterprise registration.

Step 2: Submit application for work permit

At least 15 working days before the date the foreign worker is expected to start working for the employer, the employer must fill in the information in the declaration form and submit the application for a permit. workers according to regulations to the work permit-issuing agency through the electronic portal.

  • Number of records: 01 set
  • Apply at: Submit directly at the One-stop Department of the approval agency or the electronic portal system http://dvc.vieclamvietnam.gov.vn
  • Processing time: 05 working days

Step 3: Sign a labor contract and report the situation of using foreign workers to the Department of Labor, War Invalids and Social Affairs or the Management Board of industrial parks and export processing zones of the province.

After the foreigner is granted a work permit, the enterprise (the employer) must carry out the following procedures:

  • Sign a labor contract with a work permit holder;
  • Pay health insurance and social insurance for foreign workers. From January 1, 2018, foreign workers who have been granted a work permit, practice certificate or practice license by a competent authority of Vietnam are also required to participate in insurance. according to the provisions of the Law on Social Insurance 2014.
  • Report on the situation of using foreign workers: Currently, employers (except contractors) do not have to implement the periodical reporting regime. Instead, the employer will report when required by the competent state agency.

Step 4: Issue temporary residence card according to the term of work permit to foreigners

After the foreign worker is granted a work permit in Vietnam, the next step is to apply for a temporary residence card according to the term of the work permit. In Vietnam, the maximum duration of a work permit is 2 years, so the maximum duration of a temporary residence card is also 2 years according to the work permit.

Dossier to apply for a temporary residence card

  • A written request from the agency, organization or individual that carries out the procedures for invitation and guarantee (usually the employer)
  • Application form for temporary residence card with photo: Form NA8 is issued together with Circular No. 04/2015/TT-BCA stipulating the form of documents related to the entry, exit and residence of foreigners in Viet Nam. This declaration is signed by the applicant for temporary residence, clearly stating his/her full name. The guaranteeing agency or organization shall affix the seal on the photo and the declaration and hang the seal on the other side;
  • Passport of the applicant for temporary residence card;
  • Work permit of the applicant for the temporary residence card;
  • 03 color photos (size 2cm x 3cm, white background, straight face, bare head, no colored glasses), photos taken within 06 months from the date of application submission;
  • Certificate of temporary residence certified by the police of the commune/ward where the foreigner temporarily resides;
  • Documents proving the legal status of the guarantor.

Note about using work permit, temporary residence card

In case the employee terminates the labor contract with the enterprise, the organization needs to revoke the work permit and temporary residence card issued to the foreigner as an employee at the enterprise or organization. to avoid the legal liability of the business or organization occurs (if any).