Work permits for foreign employees working in Viet Nam are considered as the highest legal basis to ensure the legal conditions for workers with foreign nationalities to legally work in Vietnam. Therefore, the term of the work permit is also a concern for foreign workers enterprises, From January 1st, 2021, the Laboe Code 2019 takes effect, according to Article 155 of the Labor Code 2019, providing that the duration of a work permit is up to 2 years, in case of extension, it is only extended once the maximum duration is 202 years. Thus, the duration of the work permit is 02 years and is extended up to 1 time.
Under the Labor Code 2019 effective from January 1st, 2021, and decree 11/2016/ND-CP detailing the implementation of a number of the article of the Labor Code regarding foreign employees in Vietnam.
Under Article 11 of Decree 11/2016/ND-CP, the duration of a work permit is granted according to the term of one of the following cases but not exceeding 02 years:
· The duration of the labor contract to be signed;
· The duration of the assignment in Vietnam decided by the foreign partner;
· The duration of the contract or agreement signed by and between the Vietnamese partner and the foreign partner;
· The duration of the service contract or agreement signed by and between the Vietnam partner and the foreign partner;
· The duration stated in the paper made by the service provider who sends the foreign worker to Vietnam to negotiate the service supply;
· The duration stated in the certificate of the foreign non-governmental organization or international organization that has been granted with operating license following the Vietnam law;
· The duration stated in the paper made by the service provider who appoints the foreign workers to Vietnam to establish its commercial presence;
· The duration stated in the paper proving the foreign worker’s eligibility to participate in the operation of a foreign enterprise that has established its commercial presence in Vietnam.
According to Article 13 Decree 16/2011/ND-CP
· The unexpired work permit is lost, damaged or the contents stated in the issued work permit are changed, unless otherwise stated in Clause 8 Article 10 of this Decree is equal to the term of a work permit issued minus the time the foreign worker has worked up to the time of applying for re-issuance of a work permit;
· The work permit is still valid from 05 to 45 days;
· In case of extension, it is only extended once for a maximum period of 02 years (Article 155 of Labor Code 2019)
· The written request for the work permit of the employer according to the regulations of the Ministry of Labor, War Invalids and Social Affairs (Form No.07 issued together with the Circular No. 40/2016/TT-BLDTBXH)
· The health certificate or health certificate is valid for 12 months (note: if a foreign employee does not medical examination in Vietnam, he/she needs to be examined at one of the hospitals listed in the list according to the official dispatch No.143/KCB-PHCN&GD dated February 5th, 2015 of the Department of Medical Examination and Treatment – Ministry of Health promulgated the list of facilities eligible for health examination with foreign element according to Circular No.14/2013/TT-BYT)
· Judicial record or document certifying that the foreign worker is not an offender or is prosecuted for a foreign employee’s valid criminal liability. In case the foreign worker has resided in Vietnam, the judicial record issued by Vietnam is required;
· Documentary evidence that is manager, executive director, expert or technical worker (if any);
· Authenticated copy of passport or valid passport replacing valid passport;
· Documents related to the foreign employees (for example a document sent by a foreign enterprise to work, an agreement signed between a Vietnamese partner and foreign party…)
· Application requests for a work permit for some special cases (specified in Article 10.8 Decree 11/2016/ND-CP)
· The above-mentioned paper includes 01 certified copies and enclosed with the original for comparison. If it is a foreign language, it must be translated into Vietnamese.
· Counseling on procedures for issuing judicial record cards for foreigners in Vietnam (to be able to carry out procedures for issuing judicial record cards for foreign employees, it is necessary to have a confirmation of temporary residence in Vietnam);
· Counseling in the application for work permits for foreign employees according to regulations;
· Consulting procedures for medical examination in Vietnam to apply for a work permit;
· Translating, notarizing, consular legal services for the issuance of work permits;
· Counseling on conditions to be granted work permits in Vietnam;
· Complete application file for work permits in Vietnam for customers;
· Counseling in cases that are not required to issue a work permit and carry out procedures for certification in case of not having to apply for a work permit;
· Representatives of enterprises and employees carry out procedures for applying for work permits at competent state agencies;
· Counseling and guiding the preparation of documents for granting temporary residence cards for foreign employees after being granted work permits.
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