Apply for a work permit in Vietnam

Apply for a work permit in Vietnam. Conditions, documents and procedures for applying for a work permit for foreigners in Vietnam? Work permit is a type of document that is currently of great concern to many Vietnamese businesses that recruit foreign workers.

With in-depth knowledge and practical experience over the past 10 years in the field of making work permits for foreigners in Vietnam, today, Vietnam-visa will share with you all the information. Need to know about this type of document, including:

• What is a work permit, why do you need a work permit for foreigners?
• Legal documents guiding procedures for granting work permits
• Subjects granted Vietnamese work permits
• Conditions for obtaining a work permit
• Place to submit application
• Work permit application fee
• Documents and procedures for applying for a work permit
• Some frequently asked questions about Vietnam Work Permits

Begin your journey of discovery regarding investment procedures in Vietnam, where opportunities await and success is not far away !

Do you need advice or support on what you are looking for ? For help setting up a business in Vietnam, investing, applying for temporary residence cards and visas, entry permits and work permits, please contact Vietnam Contact Luật Quốc Bảo .

Please contact hotline /zalo : 0763387788 .

Address : 528 Le Van Sy , District 14 , District 3 , Ho Chi Minh City

Facebook fan page : https://www.facebook.com/luatquocbao

Gmail: luatquocbao.vn@gmail.com

Instructions on work permits for foreigners in Vietnam

What is a work permit?

A work permit is a document that allows foreigners to work legally in Vietnam. The work permit clearly states information about the employee, including:

• full name,
• passport,
• date of birth,
• nationality,
• passport;
• name and address of the workplace organization,
• work position.

This is an extremely important document for foreigners who want to work in Vietnam, because according to the provisions of Article 31 of Decree No. 28/2020/ND-CP :

• Foreign workers who do not have a work permit or do not have a written confirmation that they are not subject to a work permit according to the law and work in Vietnam will be fined from 15,000,000 VND to 25,000 VND. 000 VND or be expelled according to the provisions of the 2012 Labor Law; simultaneously
• Employers who use foreign workers to work in Vietnam without a work permit or without a certificate of not being eligible for a work permit or using foreign workers with a work permit An expired work permit or a written confirmation that a work permit is not eligible for an expired work permit may result in a fine of up to 75,000,000 VND depending on the number of workers involved.

And to avoid administrative fines and related consequences, companies employing foreign workers must complete work permit application procedures before foreigners start working at the company. .

In addition, this is also an important document for foreign workers to apply for a 2-year temporary residence card in Vietnam.

Legal documents providing guidance on Work Permits

Work permits for foreigners in Vietnam are clearly regulated in the following two legal documents:

• The 2019 Labor Code 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 workers working for foreign organizations and individuals in Vietnam Male.
• Circular No. 250/2016/TT-BTC of the Ministry of Finance: Guidance on fees and charges under the deciding authority of the People’s Councils of provinces and centrally run cities

Subjects granted work permits in Vietnam

Subjects eligible to apply for a new work permit are clearly regulated in Decree No. 152/2020/ND-CP. These are foreigners who enter Vietnam for the following purposes:

• Implement labor contracts;
• Moving within the enterprise;
• Carrying out all kinds of contracts or agreements on economics, trade, finance, banking, insurance, science and technology, culture, sports, education, vocational education and health;
• Contract service provider;
• Offering services;
• Working for foreign non-governmental organizations or international organizations in Vietnam that are allowed to operate according to Vietnamese law;
• Managers, executives, experts, technical workers;
• Participate in implementing bidding packages and projects in Vietnam;

In addition, the law also stipulates qualified subjects to sponsor applications for work permits for foreign workers, specifically including:

• Enterprises operating under the Enterprise Law, Investment Law or international treaties to which the Socialist Republic of Vietnam is a member;
• Contractors participate in bidding and perform contracts;
• Representative offices, branches of enterprises, agencies and organizations licensed for establishment by competent authorities;
• State agencies, political organizations, socio-political organizations, socio-political-professional organizations, social organizations, socio-professional organizations;
• Foreign non-governmental organizations are granted registration certificates by competent Vietnamese agencies according to the provisions of Vietnamese Law;
• Non-business organizations and educational institutions established according to the provisions of law;
• International organizations, offices of foreign projects in Vietnam; Agencies and organizations authorized by the Government, Prime Minister, ministries and branches to establish and operate according to the provisions of law;
• The executive office of the foreign investor in the business cooperation contract or of the foreign contractor is registered to operate in accordance with the provisions of law;
• Organize law practice in Vietnam according to the provisions of law;
• Cooperatives and unions of cooperatives are established and operate under the Law on Cooperatives;
• Business households and individuals are allowed to operate business according to the provisions of law.

Conditions to get a Vietnam work permit?

Conditions for applying for a work permit

According to regulations, to apply for a work permit, foreign workers must meet the following conditions:

• Foreign workers must have full civil act capacity according to the provisions of law.
• Foreign workers must have health suitable to job requirements.
• Foreign workers must not be criminals or be prosecuted for criminal liability according to Vietnamese and foreign laws.
• Foreign workers must be managers, executives, experts or technical workers, with all supporting documents as prescribed in Article 3 of Decree 152 as follows:
  • For expert positions:
    • Bachelor’s degree or higher or equivalent and verification of at least 3 years of working experience in a trained major appropriate to the job position the foreign worker plans to work in Vietnam, legalized consul ; or
    • Verify at least 5 years of experience and practice certificate appropriate to the job position the foreign worker plans to work in Vietnam, with consular legalization;
  • Technical labor:
    • Certificate of training in technical or other majors for at least 01 year and confirmation of at least 03 years of experience in the trained major, consular legalized;
    • Verify at least 5 years of experience in a job position suitable for the job position the foreign worker plans to work in Vietnam.
  • Executive Directors, Managers:
    • Decision appoint,
    • Verify at least 3 years of experience in a job position suitable for the job position the foreign worker plans to work in Vietnam

Preliminary assessment of Work Permit Application

Many businesses have NOT been able to apply for a Work Permit for Foreign Workers at the business due to not ensuring the logic in the required documents. How about you?

If you are not sure whether your application meets the legal requirements for the position you intend to apply for a work permit or not. Please tell us. We will make a preliminary assessment of your application and let you know whether it is suitable for the position you want to apply for a Work Permit as well as advise you on the best solution in case it is not suitable.

Where to submit an application for a work permit?

Normally, the employer will submit an application for a work permit for the company’s foreign workers to the Department of Labor, War Invalids and Social Affairs in the province where the foreign worker will work.

Particularly in cases where foreigners belong to non-governmental organizations, international organizations, associations, etc. as prescribed in Clause 1, Article 3 of Circular 40/2016/TT-BLDTBXH, they must apply for a work permit. at the Department of Employment – Ministry of Labor, War Invalids and Social Affairs.

How much does it cost to get a work permit?

Depending on the locality where foreigners carry out the work permit procedures, the work permit fee will be different (according to Circular 250/2016/TT-BTC ).

For example, in Hanoi, the fee for applying for a new work permit is 400,000 VND, in Ho Chi Minh City, the fee for applying for a new work permit is 600,000 VND/work permit. The current highest fee is 1,000,000 VND/work permit. This fee may change according to specific regulations.

Foreigners will not have to pay a work permit application fee. This fee will be paid by the foreign employer.

However, if you want to save time and effort, you can absolutely use our work permit service .

Documents & Procedures for applying for a work permit for foreigners

All applications for a new work permit must go through the following 4-step procedure. However, the work permit application documents may vary slightly depending on the person applying for the work permit in Vietnam.

4 steps to apply for a Vietnam Work Permit

Step 1: Register your need to recruit foreign workers

Except for contractors, all employers wishing to use foreign workers need to prepare a set of documents explaining the need to use foreign workers below to submit to the Ministry of Labor and War Invalids. and the Social or Provincial People’s Committee to request approval from this agency at least 30 days before the expected date of employing foreign workers .

Records include:

• Copy of Business Registration
• Official letter to register recruitment needs, which can be:
  • Explanation letter form 01/PLI issued with Decree 152/2020/ND-CP if this is the first time the employer has registered and received approval to employ foreign workers, OR
  • Explanation letter according to form 02/PLI issued with Decree 152/2020/ND-CP if the employer has been approved to use foreign workers but has changed its need.
• Letter of introduction/authorization (if the person submitting the application is not the legal representative of the business).

The place to submit the application is the Ministry of Labor, War Invalids and Social Affairs or the People’s Committee of the province or centrally run city where the foreigner will work.

The review time for approval is 10 working days.

Step 2: Prepare documents for work permit issuance

While waiting for approval in Step 1, the foreign worker and the employer will prepare the following documents:

• Written request for a work permit for foreigners according to form No. 11/PLI ;
• Consular legalization and Vietnamese translation of health certificate examined abroad or original health certificate examined in Vietnam at hospitals, clinics, and qualified health departments according to regulations of the Government. Ministry of Health (within 12 months)
• Consular legalization and Vietnamese translation of criminal record of foreigners issued abroad or original of criminal record of foreigners issued in Vietnam, issued within 6 months;
• Notarized copy of the foreigner’s passport and visa.
• Document proving that you are a manager, executive director, expert, technical worker, teacher (University degree, certificate of minimum 3 years of foreign work experience, etc.). These documents need to be consular legalized and translated into Vietnamese.
• 02 color photos, size 4×6, white background, no glasses.
• Documents related to foreign workers (Appointment decision of parent company, labor contract, company charter…)

Then, when there is a written notice of approval for a job position using foreign workers issued according to step 1, the employer will add the original copy of this document to the work permit application for submission. .

Step 3: Submit application for work permit

The application for a work permit needs to be submitted to the Ministry of Labor, War Invalids and Social Affairs or the Department of Labor, War Invalids and Social Affairs in the province where the foreign worker is expected to work at least 15 days before the date of employment. Foreign workers are expected to start working. If the application is complete and valid, the applicant will pay the work permit fee and receive an appointment letter to return the results. If not, the submitter will be instructed to supplement the dossier.

Work permit processing time is usually 5 working days from the date of receipt of complete documents.

Step 4. Get a work permit

Within these 5 days, the Ministry of Labor, War Invalids and Social Affairs or the Department of Labor, War Invalids and Social Affairs shall issue work permits to foreign workers according to form 12/PLI issued with Decree 152/2020 . /ND-CP. In case of refusal to issue a work permit, the Ministry or Department of Labor, War Invalids and Social Affairs will respond in writing and clearly state the reason.

This is the latest Work Permit form.

Latest work permit form

Vietnam work permit validity period

This section will tell you clearly about how the term of Vietnam work permit is regulated in the labor code .

Article 10 of Decree 152/2020/ND-CP clearly stipulates that the term of a work permit is issued according to the term of one of the following cases but not exceeding 02 years:

• Term of the labor contract expected to be signed;
• Duration of the foreign party sending foreign workers to work in Vietnam;
• Term of contract or agreement signed between Vietnamese and foreign partners;
• Term of contract or service provision agreement signed between Vietnamese and foreign partners;
• The deadline stated in the document of the service provider sending foreign workers to Vietnam to negotiate service provision;
• The term has been determined in the certificate of the foreign non-governmental organization or international organization permitted to operate according to the provisions of Vietnamese law;
• Duration in the service provider’s document sending foreign workers to Vietnam to establish a commercial presence of that service provider;
• Time limit in the document proving that the foreign worker is allowed to participate in the operations of a foreign enterprise that has established a commercial presence in Vietnam.
• Time limit in the written approval to employ foreign workers

Frequently asked questions

Can an expired work permit be renewed?

Have. According to the latest regulations in Decree 152, expired work permits will be renewed only once according to this work permit renewal procedure . After the extension period expires, you will have to apply for a new work permit.

Without a degree, can a foreigner apply for a Vietnamese work permit?

Have. There are cases where foreigners who do not need a university degree can still apply for a work permit in Vietnam, including:

• CEOs, managers,
• Technical workers have a certificate of training in engineering or other majors for at least 01 year and confirmation of at least 03 years of experience in the trained major, with consular legalization; OR Verify at least 5 years of experience in a job position suitable for the job position the foreign worker plans to work in Vietnam.

Only groups of foreign experts require a university degree if only 3 years of experience is confirmed. If experts have confirmed 5 years of experience in a related job position, a university degree is not required.

What are the benefits when foreigners have a Vietnamese work permit?

Foreigners with a Vietnamese work permit will be able to apply for a Vietnamese temporary residence card with a continuous temporary residence period of up to 2 years, and can sponsor their spouse/children under 18 years old to apply for a visa/card. Temporary residence to visit relatives in Vietnam, and benefits related to bank accounts and buying apartments in Vietnam.

Above is all information about making work permits for foreign workers in Vietnam. This information will be updated regularly if there are new changes.

Service for applying for a work permit in Vietnam – Quoc Bao Law

Work permit application services in Vietnam play an important role in creating favorable conditions for foreigners who want to work in this country. Along with the rapid development of the economy and international integration, the need for diverse and quality labor is increasingly a top priority. However, the process of applying for a work permit in Vietnam often requires an understanding of laws, complex procedures, and working with government agencies.

This is where Quoc Bao Law emerges as your trusted partner. We specialize in providing support services for obtaining work permits in Vietnam for foreigners, helping them overcome all legal difficulties and birocratic procedures. With in-depth knowledge of labor law and practical experience in handling cases, we are committed to accompanying you in realizing your career goals in Vietnam safely and effectively.

If you are interested or would like more information, please contact us at the following phone number or email: Please contact us at the address .

–Telephone number : 0763.387.788

–Email : luatquocbao.vn@gmail.com

Thank you very much. I would like to support you in the near future .

Do you need advice or support on what you are looking for ? For help setting up a business in Vietnam, investing, applying for temporary residence cards and visas, entry permits and work permits, please contact Vietnam Contact Luật Quốc Bảo .

Please contact hotline /zalo : 0763387788 .

Address : 528 Le Van Sy , District 14 , District 3 , Ho Chi Minh City

Facebook fan page : https://www.facebook.com/luatquocbao

Gmail: luatquocbao.vn@gmail.com