Provisions on isuance of work permits for foreigners

Content Summary

The competent authority issues the work permit to a foreign worker to allow the employee to work in Vietnam. It is the highest legal basis to ensure legal conditions for foreign workers to work in Vietnam to work legally in Vietnam.

Who is eligible for a Work Permit in Vietnam?

Having total civil act capacity as prescribed by law;
Having health suitable for the job requirements;
As a manager, executive officer, specialist, or technical worker;
Not being a criminal or being examined for penal liability following Vietnamese and foreign laws;
To be approved in writing by the competent state agency on the employment of foreign workers.

Which cases are not eligible for a Work Permit?

Being a capital contributing member or owner of a limited liability company;
Being a member of the Board of Directors of a joint-stock company;
Being the Head of representative offices and projects of international organizations and non-governmental organizations in Vietnam;
Enter Vietnam with a term of fewer than three months to make a service offering;
Entering Vietnam with a period of fewer than three months to handle problems, technical situations, complex technologies that arise, affecting or potentially affecting production and business that Vietnamese experts and the foreign experts currently in Vietnam cannot handle;
Being a foreign lawyer who has a license to practice law in Vietnam under the Law on Lawyers;
According to the provisions of international treaties to which Vietnam is a contracting party;
Being a student studying in Vietnam to work in Vietnam, but the employer must notify 07 days in advance to the provincial labor State management agency;
Intra-enterprise movement within 11 service industries in Vietnam’s service commitment schedule with the World Trade Organization, including business, information, construction, distribution, education, environment schools, finance, health, tourism, culture, entertainment, and transportation;
Entering Vietnam to provide professional and technical consulting services or perform other tasks for research, development, appraisal, monitoring and evaluation, program management and implementation, projects using official development assistance (ODA) according to regulations or agreements in international treaties on ODA signed between competent Vietnamese and foreign agencies;
Licensed by the Ministry of Foreign Affairs to operate information and press in Vietnam under the law;
Entering Vietnam under the appointment of a foreign agency or organization to teach or conduct research at an international school under the management of a foreign diplomatic mission or an international organization in Vietnam or by the Ministry of Education and Training. Certified training in teaching and research at educational and training institutions in Vietnam;
Volunteers certified by foreign diplomatic missions or international organizations in Vietnam;
Entering Vietnam to work as an expert, manager, executive director, or technical worker with a working period of fewer than 30 days and a cumulative time not exceeding 90 days in a year;
Enter Vietnam to implement international agreements signed by central and provincial agencies and organizations under the law;
Pupils and students studying at overseas schools and training institutions that have agreements on internships in agencies, organizations, and enterprises in Vietnam;
Relatives of members of foreign representative missions in Vietnam working after being licensed by the Ministry of Foreign Affairs, unless otherwise provided for by an international treaty to which the Socialist Republic of Vietnam is a signatory;
Have an official passport to work for state agencies, political organizations, socio-political organizations;
The Prime Minister shall decide other cases at the Ministry of Labor, Invalids, and Social Affairs proposal.

Do foreign workers who are not subject to a work permit need to carry out any procedures in Vietnam?

The employer must request the Department of Labor, War Invalids and Social Affairs to confirm that the foreign worker is not eligible for a work permit at least 07 working days in advance, counting from the date the foreign worker starts working, except for the following cases:

Entering Vietnam with a term of fewer than three months to make a service offering;
Entering Vietnam with a term of fewer than three months to handle problems, technical situations, complex technologies that arise, affecting or potentially affecting production and business that Vietnamese experts and the foreign experts currently in Vietnam cannot handle;
Entering Vietnam to work as an expert, manager, executive director, or technical worker with a working period of fewer than 30 days and a cumulative time not exceeding 90 days in a year;

Dossier to request confirmation of not being eligible for a work permit, including:

A written request for proof that the foreign worker is not suitable for a work permit (according to the form);
A horizontal list of foreign workers with the following contents: full name; the age; sex; nationality; passport; start and end date of work; the job position of the foreign worker;
Documents prove that the foreign worker is not eligible for a work permit (including 01 photocopies enclosed with the original for comparison or 01 certified copy, if consular legalization is exempt, but translating into Vietnamese and authenticated in foreign languages under Vietnamese law).

Within 03 working days from the date of receipt of complete dossiers of application for confirmation of not being eligible for work permits, the Department of Labor, War Invalids, and Social Affairs shall send a written confirmation to the employer. In case of non-confirmation, there is a written reply to the reason.

What documents including in the application for a work permit?

The employer’s written request for a work permit following regulations of the Ministry of Labor, War Invalids and Social Affairs;
A health certificate or medical examination certificate issued by a competent foreign or Vietnamese medical agency or organization is valid for 12 months from signing the health conclusion to the date of submission of the application. Profile;
A criminal record card or a document certifies that the foreign worker is not a criminal or examined for penal liability by a foreign country. In case the foreign worker has already resided in Vietnam, only the criminal record certificate issued by Vietnam is required;
Proof of being a manager, executive director, specialist, or technical worker.
02 color photos (size 4cm x 6cm, white background, straight face, bare head, not wearing colored glasses), token photos within 06 months from the date of application;
Certified copy of passport or valid document instead of passport or valid international travel document as prescribed by law;
Documents related to foreign workers

For foreign workers on a mission in Vietnam, the foreign enterprise must send to the foreign enterprise in Vietnam an appointment letter and a document proving that the foreign worker works for this enterprise at least 12 months before working in Vietnam. Valid documents include:

The employer’s written confirmation of having recruited foreign workers;
Labor contract;
Deciding to recruit foreign workers;
Certificate of tax payment or insurance of foreign workers.
Foreign workers perform various contracts or agreements on economics, commerce, finance, banking, insurance, science and technology, culture, sports, education, and vocational education. And healthcare must have a contract or agreement signed between the Vietnamese side and the foreign side, in which there must be an agreement on foreign workers working in Vietnam;

For foreign workers who are service providers under contract, they must be foreign workers who have worked for at least 02 years (24 months) in a foreign enterprise that has no commercial presence in Vietnam and must meet the conditions for experts as prescribed;

For foreign workers who offer services, who are foreign workers who do not live in Vietnam and do not receive remuneration from any source in Vietnam, engaged in activities related to representing a service provider to negotiate the consumption of that supplier’s services, provided that the service is not sold directly to the public and is not directly involved in the provision of the service. Foreigners must have a document from the service provider sending foreign workers into Vietnam to negotiate service provision;
For foreign workers working for foreign non-governmental organizations, international organizations in Vietnam that are allowed to operate under Vietnamese law must have a certificate from the foreign non-governmental organization. , international organizations permitted to use following Vietnamese law;
For foreign workers responsible for establishing a commercial presence, there must be a document from the service provider sending the foreign worker to Vietnam to launch the retail company of the service provider.
Foreign workers who are managers, executives, experts, or technical workers who participate in foreign enterprises established a commercial presence in Vietnam. There must be a written document proving that the foreign worker is allowed to participate in the operation of that foreign enterprise.

Note: If the above documents are in foreign languages, they must be consular legalized unless exempted from consular legalization under international treaties to which the Socialist Republic of Vietnam and foreign countries are concerned; translated into Vietnamese and authenticated under Vietnamese law.

Procedure for applying for a Work Permit

Step 1: Apply for approval of 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.

According to the new regulations from Circular 23/2017/TT-BLDTBXH effective from October 2, 2017, employers can submit this declaration and report via the website http://dvc.vieclamvietnam.gov.vn.

The procedure is as follows:

The employer registers an account on the web as mentioned above and submits the dossier using this account within at least 20 days before the expected date of employment of the foreign worker;
Within 12 days of receiving the valid declaration and report explaining the need for foreign workers, the approval agency will send the results via email to the employer. If the submitted dossier is not valid, the approving agency will issue a notice of correction;
After obtaining the approval to use foreign workers, the employer directly submits or mails the original documents to the approval agency. Within 08 hours, the agency receives the original dossier, and the approving agency will return the actual approval result to the employer;
The dossier includes the form of the report explaining the demand for foreign workers (according to Circular 40/2106/TT-BLDTBXH).

Step 2: Apply for a Work Permit

At least 15 working days before the foreign worker expects to start working for the employer, the employer must submit a work permit to the Department of Labor – Invalids and Social Affairs, where the foreign worker schedules to work. Within 05 working days, from the day of the completed application, the Department of Labor, War Invalids and Social Affairs shall issue a work permit to the foreign worker using the form provided by the Ministry of Labor – Invalids and Social Affairs. In case the work permit is not granted, a written reply clearly states the reason.

What procedures should be after applying for a work permit?

Sign a labor contract with a work permit holder for foreign workers performing the contract. Within 05 working days from signing the labor contract, the employer must send a copy of the signed labor contract to the Department of Labor, War Invalids and Social Affairs that issued the work permit.
Pay medical 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 required to participate in social insurance according to the provisions of the Law on Social Insurance 2014;
Report the situation of using foreign workers: employers (except contractors) do not have to make periodical reports. However, the employer will report when required by the competent state agency.
Issuing a temporary residence card according to the term of the work permit to foreigners

Above is some basic information about applying for a work permit for foreign workers in Vietnam. If you still have problems with the procedure, don’t hesitate to contact us via phone or email to receive the most timely support from AZLAW.