[LATEST PROCEDURES] HOW TO GET A WORK PERMIT IN VIETNAM

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In the era of deepening economic integration, more and more foreign employees are joining Vietnam's labor market. To work in Vietnam, foreign workers need a work permit to apply for a temporary residence card or a working visa for Vietnam. So, how to get a work permit in Vietnam? Let's find out with OTIS LAWYERS in the article below!

Legal grounds

Labor code No 45/2019/QH14 dated November 20, 2019 of The National Assembly 

Decree No 152/2020/ND-CP dated December 30, 2020 of the Government on Foreign workers working in Vietnam and recruitment and management of Vietnamese workers working for foreign employers in Vietnam

Requirements for foreigners to work in Vietnam

Article 151, Labor Code 2019 stipulates the conditions of a foreign employee below:

  • is at least 18 years of age and has full legal capacity;
  • has qualifications, occupational skills, practical experience, and adequate health as prescribed by the Minister of Health;
  • is not serving a sentence; does not have an unspent conviction; is not undergoing criminal prosecution under his/her home country’s law or Vietnam’s law;
  • has a work permit granted by a competent authority in Vietnam

In addition, foreign employees working in Vietnam shall comply with and shall be protected by Vietnam's Labor Code, unless otherwise prescribed by treaties to which Vietnam is a signatory.

Application for issuance of a work permit in Vietnam

According to Article 9, Decree 152/2020 ND-CP, the application for issuance of a work permit includes:

  • An application form for issuance of a work permit No. 11/PLI Appendix I hereto appended.
  • A fitness-to-work certificate 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
  • A police (clearance) certificate or a document certifying that the foreign worker is not serving a sentence, has a criminal record expunged, or is not facing a criminal prosecution which is issued within 6 months before the submission date of the application
  • Proof as a manager, executive, expert, technical and certain jobs, works
  • 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
  • An acceptance of demand for foreign workers, unless it is not required.
  • A valid certified true copy of passport as per the law
  • Documents relevant to the foreign worker(depending on each foreign worker as prescribed by law)

Note: All the mentioned documents are original or certified true copies; 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.

Procedures for issuance of a work permit in Vietnam

Step 1

At least 30 days before the date on which foreign workers are expected to be employed, the employer (except contractor) shall determine the demand for foreign workers for every job position for which Vietnamese workers are underqualified and send a corresponding report to the Ministry of Labor, War Invalids and Social Affairs or the People’s Committee of province or central-affiliated city (hereinafter referred to as province) where the foreign workers are expected to work

Within 10 working days of receiving the foregoing report on demand for foreign workers or report on change thereof, the authority shall issue a document specifying accepted job positions and non-accepted job positions

Step 2

At least 15 working days before the day on which a foreign worker starts to work, 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.

Duration of work permit in Vietnam

The maximum duration of a work permit is 02 years. A work permit may be extended once for up to 02 more years.

The validity period of a renewed work permit shall coincide with any of the period/duration prescribed in Article 10, Decree No 152/2020/ND-CP but it is only renewed once for a period of up to 2 years.

Consulting service to apply for a work permit of OTIS LAWYERS

Above is the advice of OTIS LAWYERS on work permits under the law. If you have any questions about a work permit, please contact OTIS LAWYERS immediately for advice and support.

OTIS LAWYERS is always proud to be a professional unit in the field of consulting for the issuance and re-issuance of work permits. With a team of highly qualified lawyers, extensive experience, and dedication to clients, we believe that we will provide foreign workers with the best professional services, reasonable fees, and the fastest processing time. We commit that all client information is confidential and client interests always come first. 

 

OTIS & PARTNERS LAWFIRM

Address: No. K28, Lane 68 Trung Kinh, Yen Hoa Ward, Cau Giay District, Hanoi City.

Hotline: (+84) 987 748 111

Email: [email protected]/  Website:  https://otislawyers.vn/

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