On February 3, 2016, the Government enacted Decree No.11/2016/NĐ-CP on detailed regulations on implementing a number of article of the Labor code regarding foreign workers in Vietnam. This decree took effect from April 1, 2016.
According to regulations in this decree, the procedures for issuance of work permits of foreign workers in Vietnam are regulated as follows:
Step 1: Register demand for foreign workers at the People’s Committees of Provinces
Enterprises (or employers of foreign workers) shall determine the demand for foreign workers for each job position in which Vietnamese workers are incompetent and send the report to the Chairperson of the People’s Committees of the province where foreign workers intend to work at.
A dossier for demand for foreign workers registration includes:
- For enterprises (or employers of foreign workers) which have not been granted an acceptance for usage of foreign workers: use the application form No.1 for demand for foreign workers as regulated in Circular No.40/2016/TT-BLĐTBXH which was enacted on October 25, 2016.
- For enterprises (or employers of foreign workers) which have been granted an acceptance for usage of foreign workers but require changes: use the application form No.2 for demand for foreign workers as regulated in Circular No.40/2016/TT-BLĐTBXH which was enacted on October 25, 2016.
- A power of attorney (if the applicant is not the legal representative of the enterprise).
Submit the dossier at: the Ministry of Labor, War Invalids and Social Affairs or the Chairperson of the People’s Committees of province.
Duration: 15 – 20 working days.
Step 2: Prepare a dossier for work permits
While waiting for the acceptance of the Ministry of Labor, War Invalids and Social Affairs or the People’s Committees of provinces, employees need to prepare these documents:
For first-time issuance:
- An application form for work permit using the form No.7 as regulated in Circular No.40/2016/TT-BLĐTBXH;
Documents which are prepared in foreign countries:
- The health certificate or the report on medical examination issued by authorized health organizations or agencies and is still valid within 12 months from the date of signing to the date of application;
- The criminal record or certificate which confirm that the foreign worker is not a criminal or liable to criminal prosecution issued by the foreign competent agency. This record or certificate shall be issued within 06 months from the date of issuance to the date of application;
- Copies of bachelor degree or higher of the foreign worker;
- Documents confirm that the foreign worker is a manager, chief executive officer, expert or technician;
For some special jobs, these documents shall be replaced by:
- The certificate of recognition issued by the competent agency of the foreign country if the worker is an artist in the traditional professions;
- Documents proving experiences of foreign soccer players;
- The pilot license issued by a Vietnam’s competent agency to the foreign pilot;
- The license for airplane maintenance issued by a Vietnam’s competent agency to the foreign worker who works in airplane maintenance industry.
Documents which are prepare in Vietnam:
- If the foreign worker does not have a health certificate or the report on medical examination issued in the foreign country, these documents could be issued in Vietnam by a competent agency;
- If the foreign worker is a lawful resident in Vietnam, the criminal record or certificate which confirm that the foreign worker is not a criminal or liable to criminal prosecution issued in Vietnam by a competent agency is required.
The dossier for issuance of the criminal record shall use the form regulated by the Department of Justice and be confirmed by the communal police.
Notice: All of the documents issued in foreign countries must be translated into Vietnamese, notarized and consular legalized.
Others:
- 02 colored photos (4cm×6cm, with white background, frontal side, bareheaded and no colored glasses). Photos shall be taken within 06 months to the date of application;
- 01 notarized copy of passport or equivalent documents which is still valid.
For re-issuance of work permit due to passport expiration:
Documents required:
- An application form for re-issuance of work permit using the form No.7 as regulated in Circular No.40/2016/TT-BLĐTBXH;
- The issued work permit;
- 02 colored photos (4cm×6cm, with white background, frontal side, bareheaded and no colored glasses). Photos shall be taken within 06 months to the date of application;
- The written acceptance for the employment of foreign workers issued by the People’s Committees of provinces;
- 01 notarized copies of the old passport;
- 01 notarized copies of the new passport.
Notice: All the documents or certificates which are issued in the foreign country shall be translated into Vietnamese, notarized and consular legalized.
For re-issuance of work permit due to the work permit expiration:
- An application form for re-issuance of work permit using the form No.7 as regulated in Circular No.40/2016/TT-BLĐTBXH;
- The issued work permit;
- 02 colored photos (4cm×6cm, with white background, frontal side, bareheaded and no colored glasses). Photos shall be taken within 06 months to the date of application;
- The written acceptance for the employment of foreign workers issued by the People’s Committees of provinces;
Step 3: Submit the dossier
After receiving the acceptance as mentioned in Step 1, the employer submit the dossier at the Labor, War Invalids and Social Affairs Department.
Notice: 01 set for submission, 01 set for storage at the enterprise.
Submitting time:
- For first-time issuance: Before at least 15 working days from the day on which the foreign worker intends to start working, the employer must submit the dossier for issuance of work permit at the Labor, War Invalids and Social Affairs Department where the foreign worker intends to work at;
- For re-issuance: before at least 05 days but no more than 45 days before the date of expire of the work permit, the employer must submit the dossier for issuance of work permit at the Labor, War Invalids and Social Affairs Department.
Duration:
- For first-time issuance: 07 – 10 working days;
- For re-issuance: 03 – 05 working days.
Step 4: Sign written labor contracts, pay social insurance and report:
Sign written labor contracts:
After the foreign worker is granted the work permit, the employer and the foreign worker shall sign a written labor contract before the intended working day.
Social insurance:
Pay the social insurance for foreign workers. From January 1, 2016, foreign workers who have work permits, practice certificates or practice licenses issued by competent agencies in Vietnam shall be covered by compulsory social insurance under the regulations of the Law on Social Insurance.
Report on employment of foreign workers:
Quarterly, before the 5th day of the first month of every quarter, the employer shall submit the report on the employment of foreign workers, using the Form No.14 provided in Circular No.40/2016/TT-BLĐTBXH, to the Labor, War Invalids and Social Affairs Department.
If the foreign worker has already granted a work permit (still valid) is designated or dispatched to hole the same job position in another province, city for a duration of more than 10 consecutive days, a new work permit is not required. However, the employer shall submit a written report and a certified true copy of the foreign worker’s work permit to the Labor, War Invalids and Social Affairs Department where the foreign worker is going to work at.
The report shall specifies: the enterprise’s name, the address of the new workplace, job position, title and working duration of the foreign worker.
Step 5: Issuance of the temporary residence card
After the foreign worker get the work permit in Vietnam, a temporary residence card is required. The duration of the temporary residence card is equal to the duration of the work permit. For example, the duration of the work permit is 02 years, then the duration of the temporary residence card is 02 years.
A dossier for issuance of the temporary residence card includes:
- A written request from the inviting employer;
- A declaration form for temporary residence card with photo, using the Form NA8 provided in Circular No.04/2015/TT-BCA. The foreign worker shall sign and write his/her name on the form. The employer shall affix the seal across the margins of two or more consecutive pages. (đóng dấu treo)
- The passport of the foreign worker;
- The work permit of the foreign worker.
Conditions for the employment of foreign workers:
Annually, the employer (except for contractors) shall determine the demand for foreign workers for every job position in which Vietnamese workers are incompetent and send the report to the Chairperson of the People’s Committees of provinces where the foreign worker intends to work at. During the execution, if there is any change in the demand of foreign workers, the employer shall send a report to the Chairperson of the People’s Committees of provinces.
The Chairperson of the People’s Committees of provinces shall issue a written acceptance to the employer for the demand of foreign workers for each job position.
The duration for acceptance: 30 working days.
Employers of foreign workers includes:
- Enterprises operating under the Law on Enterprise, the Law on Investment or any international agreement to which the Socialist Republic of Vietnam is a signatory;
- Foreign or Vietnamese contractors participating in the bidding or executing contracts;
- Representative offices, branches of enterprises, agencies or organizations licensed by the competent authorities;
- State agencies, political organizations, sociopolitical organizations, sociopolitical professional organizations, social organizations or socio-professional organizations;
- Foreign non-governmental organizations or international organizations in Vietnam;
- Public services organizations established in accordance with the law;
- Offices of foreign projects or international organizations in Vietnam;
- Executive offices of foreign investors in business cooperation contracts or those of foreign contractors operating under the law;
- Law-practicing organizations in Vietnam under the law;
- Cooperatives and cooperative unions established and operating under the Law on Cooperatives;
- Business associations or business unions established under the law;
- Business households or individuals licensed to do business under the law.
Foreign workers compulsory for work permits are those who:
- Execute the labor contracts;
- Comply with the company’s internal reassignments;
- Execute contracts or agreements on business, commerce, finance, banking, insurance, science and technology, culture, sports, education, vocational training and health;
- Provide services under contracts;
- Offer services;
- Work for foreign non-governmental organizations or international organizations in Vietnam that have been granted with operating licenses in accordance with the Vietnam law;
- Work as volunteers;
- Take charge of establishing the commercial presence;
- Work as managers, chief executive officers, experts, technicians;
- Participate in the execution of bid contracts and projects in Vietnam.
In the following cases, foreign workers are not compulsory for work permits in Vietnam:
- Capital-contributing members or owners of limited liability companies;
- Members of the Board of Directors of joint-stock companies;
- The head of representative offices of projects of international organizations or non-governmental organizations in Vietnam;
- Those who stay in Vietnam for under 3 months to offer services for sale;
- Those who stay in Vietnam for under 3 months to deal with complicated technical or technological problems that adversely impact or are at risk of exerting adverse impacts on production and business activities and these problems cannot be handled by Vietnamese and foreign experts who are currently in Vietnam;
- Foreign lawyers possessing a professional practice license in Vietnam in accordance with the Law on Lawyers;
- Other cases as regulated in any international agreement to which Vietnam is a member;
- Students studying and working in Vietnam. However, in this case, employer shall notify their employment to the provincial-level state management agency of labor 07 days in advance;
- Internally reassigned in companies which engaged in 11 service industries in Vietnam’s WTO Commitments on services, including: business, communication, construction, distribution, education, environment, finance, health, tourism, culture, entertainment and transportation;
- Enter Vietnam to provide professional and technical advisory services or perform other tasks serving the research, construction, appraisal, assessment, management and execution of programs and projects funded by ODA according to the International Treaties on ODA between the competent authorities of Vietnam and other countries;
- Foreign workers who are granted licenses for communication practices or journalism practices in Vietnam by the Ministry of Foreign Affairs;
- Foreign workers who are appointed by foreign agencies or organizations to teach or to do research in international schools (which are under the management of foreign diplomatic missions or international organizations in Vietnam) or foreign workers who are confirmed by the Ministry of Education and Training in Vietnam;
- Volunteers who have confirmation of the foreign diplomatic missions or international organizations in Vietnam;
- Foreign workers who hold the positions of experts, managers, chief executive officers or technicians for less than 30 days and the accumulated time is less than 90 days per year;
- Foreign workers who enter Vietnam to implement international agreements signed by authorized agencies under the law;
- Students studying in foreign schools or institutes who have internship agreements with agencies, organizations or companies in Vietnam;
- Relatives of members of foreign diplomatic missions in Vietnam, except for different cases as regulated in any international agreement to which the Socialist Republic of Vietnam is a member;
- Foreign workers who hold Official Passport for working in state agencies, political organizations or social-political organizations;
- Other cases if regulated by the Prime Minister.
Legal services at Viet An Law Firm:
- Consult about the procedures for issuance of criminal record for foreigners in Vietnam (requiring temporary residence confirmation in Vietnam);
- Consult about dossier for issuance of work permit of foreign worker;
- Consult about the health certificate or the report on medical examination in Vietnam;
- Translate, notarize and consular legalize documents;
- Consult about conditions for work permit in Vietnam;
- Complete the dossier for issuance of work permit;
- Consult about cases which are not compulsory for work permit and perform the procedures for confirmation for these cases;
- Perform the procedures for issuance of work permit at the authorized agencies;
- Consult about and prepare dossier for issuance of temporary residence card for foreign workers after being granted the work permit.
Foreign workers or employers who are concerning about legal regulations on work permit and temporary residence card for foreign workers in Vietnam, please feel free to contact Viet An Law Firm for more information. We are willing to provide legal advice as well as offer legal service at a reasonable price!
