Application for work permit in Vietnam

One of the conditions for foreigners to be able to work in Vietnam is to have a work permit. The work permit is a necessary document for foreigners when completing procedures related to exit and entry into Vietnam. In reality, many employers need to use foreign labor to serve their production and business activities, but they have not fully determined the exact documents required. available to apply for a work permit. To answer our customers’ questions, Viet An Law Firm would like to present the following article on the application for work permit in Vietnam.

Legal basis

• Labor Code 2019;
• Decree 152/2020/ND-CP regulating foreign workers working in Vietnam and recruitment and management of Vietnamese workers working for foreign organizations and individuals in Vietnam, amended and supplemented Supplemented by Decree 35/2022/ND-CP and Decree 70/2023/ND-CP.

What is a work permit?

According to the provisions of Article 151, Labor Code 2019, foreign workers who want to work legally in Vietnam will have to have a work permit. A work permit is a type of legal document that allows workers of foreign nationality to work in Vietnam legally. Therefore, the subjects required to apply for a work permit are foreign workers working in Vietnam in one of the forms specified in Article 2 of Decree 152/2020/ND-CP, except for some cases where the law has other rules.

Regarding content, the work permit clearly states information about the employee, including full name, passport number, date of birth, nationality, name, and address of the workplace organization, and working location,…

Regarding the term, a work permit has a term calculated according to the terms of the labor contract, service provision contract, contract or agreement signed between Vietnamese and foreign partners, or documents certifying Foreign workers are allowed to participate in the activities of businesses and organizations in Vietnam. The term of the work permit is a maximum of 02 years.

Application for work permit in Vietnam

Pursuant to Article 9 of Decree 152/2020/ND-CP, dossier include:

Note: Some documents in the dossier requesting a new work permit in some special cases:

For foreign workers who have a valid work permit but want to change workplaces for the same position and same job title:

• Confirmation from the previous employer that the employee is currently employed and does not require a health certificate or medical examination ;
• Understanding the employee’s criminal record;
• Documents and documents proving that you are a manager, executive director, expert, technical worker, and several occupations and jobs.

For foreign workers with a valid work permit who change their job position job title or form of work stated in the work permit but do not change the employer :

• Work permit or certified copy of issued work permit and no health certificate or medical examination required;
• Understanding the employee’s clearance certificate.

Foreign workers who are experts or technical workers whose work permit has been extended once and wish to continue working in the same job position and job title stated in the work permit:

• A copy of the issued work permit and the employee’s criminal record card are not required ;
• Documents and documents proving that you are a manager, executive director, expert, technical worker, and several occupations and jobs.

Work permit procedures in Vietnam

Under Article 11 of Decree 152/2020/ND-CP, the procedure for granting a work permit includes the following specific steps:

Step 1: Submit a request for a work permit to the competent state agency. The application deadline is at least 15 days before the expected start date of work in Vietnam.

Step 2: Processing documents

Step 3: Issuance of work permit:

• Within 05 working days from the date of receiving a complete application for a work permit, the Ministry of Labor, Invalids and Social Affairs or the Department of Labor, Invalids and Social Affairs where the employee is expected to work issue work permits to foreign workers;
• In case a work permit is not issued, there will be a written response clearly stating the reason.

Service of application for work permit in Vietnam of Viet An Law Firm

• Consulting on types of documents included in applications for employees and employers;
• Drafting dossier for application;
• Advise on the method of submitting application documents for licensing according to the provisions of law;
• The customer representative submits the application for a work permit to the competent authority.

Clients who need advice on work permit applications, please contact Viet An Company for the best support.