How to apply for a Work permit for foreigners

Work permit is a permit issued by a competent authority to a foreign worker with a view to allowing the worker to work in Vietnam and a work permit for foreigners in Vietnam is considered as the highest legal basis to ensure the legal conditions for workers who are foreign citizens working legally in Vietnam. Therefore, Viet An Law gratefully answers some common questions about the procedure for register a Work Permit for foreign workers in Vietnam.

What are requirements to apply for a Work permit for foreigners?

• The worker is capable of civil acts as prescribed by law;
• The worker’s health is fit for working;
• The worker is a manager, a chief executive officer, an expert or a technician;
• The worker is not a criminal or liable to criminal prosecution in accordance with Vietnamese law and the foreign country’s law;
• The employment of the foreign worker is approved in writing by a state competent authority.

Who does not need to apply for a Work permit for foreigners?

• Capital-contributing members or owners of limited liability companies;
• Members of the Board of Directors of joint-stock companies;
• Chiefs of representative offices and directors 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 have a professional practice license in Vietnam in accordance with Law on Lawyers;
• It is in accordance with treaties to which Vietnam is a signatory;
• Those who are studying and working in Vietnam, provided that the employer shall notify their employment to the provincial-level state management agency of labor within 07 days;
• The workers are internally reassigned in the companies which engage in 11 service industries in the Vietnam’s WTO commitments on services, including: business, communication, construction, distribution, education, environment, finance, health, tourism, culture, entertainment and transportation;
• The workers 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;
• The workers are issued with the licenses for the practice of communications or journalism in Vietnam by the Ministry of Foreign Affairs;
• The workers are appointed by foreign agencies or organizations to teach or do research in international schools under the management of foreign diplomatic missions or international organizations in Vietnam or the workers are permitted to teach or do research in educational and training institutions in Vietnam by the Ministry of Education and Training;
• The workers are volunteers who have obtained the certification of the foreign diplomatic missions or international organizations in Vietnam;
• The workers enter Vietnam to hold the positions of experts, managers, chief executive officers or technicians for a period of under 30 days and an accumulated working period of under 90 days per year;
• The workers enter Vietnam to implement international agreements to which central or provincial agencies and organizations are signatories in accordance with the law;
• Students who are studying in schools or training institutions in foreign countries execute their practicum at agencies, organizations or companies in Vietnam upon agreements;
• Relatives of members who are executing their functions in foreign missions in Vietnam upon the approval of the Ministry of Foreign Affairs, unless otherwise stated in the International Treaties to which the Socialist Republic of Vietnam is a signatory;
• Workers are holders of Official Passports for working in state agencies, political organizations or sociopolitical organizations;
• Other cases are decided by the Prime Minister at the request of the Ministry of Labor, War Invalids and Social Affairs.

Are there any procedures for foreign workers who are eligible for exemption from work permits?

The employer shall request the Department of Labor – Invalids and Social Affairs of the province where the planned working place of foreign workers is located to certify that such foreign workers are eligible for exemption from work permits at least 07 working days before the day on which they start to work, except for the cases:

• 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;
• The workers enter Vietnam to hold the positions of experts, managers, chief executive officers or technicians for a period of under 30 days and an accumulated working period of under 90 days per year.

A dossier for the certification of exemption from a work permit includes:

• The written request for the certification that the foreign workers are exempt from work permits;
• The list of foreign workers which specifies their full names, ages, genders, nationalities, passport numbers, staring and ending dates of employment and their job positions;
• Documents proving that the foreign workers are eligible for exemption from the work permit (include 01 photocopy of each kind enclosed with its original for comparison or 01 certified copy of each kind; the documents of foreigners are exempt from consular legalization but they must be translated into Vietnamese and authenticated in accordance with the Vietnam law).

Within 03 working days from the day on which the sufficient application is received, the Service of Labor, War Invalids and Social Affairs shall send a written certification to the employer. A written response and explanation shall be provided if the certification is rejected.

What kinds of document does a dossier issuing a Work permit include?

• The written request for the work permit made by the employer in accordance with regulations of the Ministry of Labor – Invalids and Social Affairs;
• The health certificate or report on medical examination which is issued by the foreign or Vietnamese authorized health organizations or agencies and takes effect within 12 months from the signing date of conclusion of heath status to the date of application;
• The criminal record or written certification that the foreign worker is not a criminal or liable to criminal prosecution issued by the foreign competent authority. If the foreign worker is a lawful resident in Vietnam, only the criminal record issued by the Vietnamese competent authority is required;
• The criminal record or written certification that the foreign worker is not a criminal or liable to criminal prosecution must be issued within 06 months prior to the submission of the application;
• The written certification that the worker is a manager, chief executive officer, expert or technician. For some jobs and works, the written certification of the qualification of the foreign worker can be replaced with one of the following papers:
• Certificate of recognition which is issued by the competent authority of the foreign country if the worker is an artist in the traditional professions;
• The documents proving experience of foreign soccer players;
• The pilot license issued by a Vietnam’s competent authority to the foreign pilot;
• The license for airplane maintenance issued by a Vietnam’s competent authority to the foreign worker who works in airplane maintenance industry.
• 02 color pictures (4cm x 6cm, white background, frontal face, bareheaded and no colorful glasses) that are taken within 06 months ahead of the date of application;
• Certified copy of passport or a substitute for passport or other license for international travel which is unexpired in accordance with the law;
• Documents relating to the foreign workers include:
• The foreign workers moving internal company must have papers of the foreign enterprise showing that they are appoint to work at the commercial presence of such foreign enterprise in Vietnam and the papers proving that they have been employed by such foreign enterprise for at least 12 months before they are appointed to work in Vietnam;
• The foreign workers performing a contract or or agreements on business, commerce, finance, banking, insurance, science and technology, culture, sports, education, vocational training and health must have contracts or agreements sign by the Vietnamese partner and the foreign partner, including the agreements on sending foreign workers to work in Vietnam;
• The foreign workers providing services under contracts must have service contracts signed by the Vietnamese partner and the foreign partner and the papers proving that the foreign workers have worked for the foreign enterprise without commercial presence in Vietnam for at least 02 years;
• The foreign workers offering services must have the papers made by the service provider proving that the foreign workers are appointed to Vietnam to negotiate the service supply;
• The foreign workers working for foreign non-governmental organizations or international organizations in Vietnam that have been granted with operating licenses in accordance with the Vietnam law must have certificates issued by the foreign non-governmental organization or international organization that has been granted with operating license in accordance with the Vietnam law;
• The foreign workers taking charge of establishing the commercial presence must have the paper made by the service provider who appoints such foreign workers to Vietnam to establish its commercial presence;
• The foreign workers working as managers, chief executive officers, experts, technicians, who participate in the operation of the foreign enterprise that has established its commercial presence in Vietnam, must have papers proving the foreign workers’ eligibility to participate in operation of such foreign enterprise.

Note: If the above-mentioned documents are issued by foreign authorities, they must be applied for the consular legalization, except for cases of exemption from the consular legalization as regulated in the international treaties to which the Socialist Republic of Vietnam and relevant foreign country are signatories or in the principle of reciprocity or as regulated by the law; must be translated into Vietnamese and authenticated in accordance with the Vietnam law.

What is the procedure for apply for a Work permit for foreigners?

Step 1: Apply for the consent of using foreign employees

Before at least 30 days from the intended date of employing foreign workers, the employer (except the contractor) submits a explanatory report on the demand of using foreign workers to the Ministry of Labor , War Invalids and Social Affairs or the Chairman of the People’s Provincial Committee.

According to the new regulation from Circular 23/2017 / TT-BLDTBXH takes effect from the date of October 2nd, 2017, employers can also submit declarations and reports through the web portal http://dvc.vieclamvietnam.gov.vn. The procedure is as follows:

• The employer registers the account at the stated portal and submit an application with an established account, within at least 20 days before the expected date of using foreign labor;
• Within 12 days from the date of receiving the valid statement and explanation report, the approval authority will send the result via the employer’s email. If the submission is not valid, the approval agency will issue an amendment notice;
• After obtaining the approval of the foreign employer, the employer submit directly or by post the original dossier to the approving agency. Within 8 hours, the agency receives the original of the application and the approving authority will return the original results of the approval to the employer;
• The dossier includes: A report form explaining the demand of using foreign employees (according to the form of Circular 40/2106 / TT-BLĐTBXH).

Step 2: Submit a dossier for being granted a Work Permit

Before at least 15 working days before the date the foreign worker is expected to start working for the employer, the employer must submit an application for a work permit to the Department of Labor – Invalids and Social Affairs where foreign workers are expected to work. Within 05 working days from the date of receiving a complete application for a work permit, the Department of Labor – Invalids and Social Affairs issues a work permit for foreign workers in the form issued and released by the Ministry of Labor – Invalids and Social Affairs. In case of refusal to issue a work permit, a written reply clearly stating the reason must be issued.

Are there anything to notice after obtaining a Work Permit?

• Signing a labor contract with a work permit holder for foreign workers performing the contract. Within 05 working days from the date of signing the labor contract, the employer must send a copy of the signed labor contract to the Department of Labor – Invalids and Social Affairs that issued the work permit;
• Payment of health insurance for foreign workers. From January 1st, 2018, foreign employees who have been granted a work permit, a practice certificate or a practice license by a Vietnamese competent authority are also subject to compulsory social insurance in accordance with the Law on Social Insurance 2014;
• Report on the situation of using foreign workers: Currently, employers (except contractors) are not required to perform periodic reporting mode. Instead, the employer will report at the request of the competent state authority.
• Granting of temporary residence cards following the time limitation of work permits for foreigners: After the foreign worker is granted a work permit in Vietnam, the next task is to apply for a temporary residence card following the time limitation of the work permit. In Vietnam, time limitation of a work permit is 02 years, so the maximum duration of a temporary residence card is also 2 years according to the work permit. A dossier of application for a temporary residence card comprises:
• Written requests of agencies, organizations and individuals that carry out the procedures for invitation and guarantee (usually the employer);
• Declaration of temporary residence card with photo: Form NA8 is issued attached to Circular No. 04/2015 / TT-BCA Stipulating forms of documents relating to entry, exit, and residence of the foreigners in Vietnam. This declaration form is signed and written full name by the applicant for temporary residence. Guarantee agencies or organizations affix seal on a photo and declaration;
• Passport of the applicant for temporary residence card;
• Work permit of the temporary resident card applicant;
• 03 color photos (size 2cm x 3cm, white background, straight face, bare head, no colored glasses), photographs taken within 06 months before the date of submission;
• Certificate of temporary residence confirmed by the Police of the ward where the foreigner lives temporarily;
• Documents prove legal status of guarantor.

Viet An Law has shared for you some essential information about the process of applying for a work permit for foreign workers in Vietnam above. In case of any questions about the procedure, please contact via phone number or email to receive the most timely support. Along with a team of lawyers with over 15 years of professional experience, Viet An Law is always ready to solve and support all your difficulties!