State fee for work permit in Vietnam

The work permit is a mandatory requirement for foreign nationals seeking employment in Vietnam.  With the increasing need to recruit foreign workers to work in Vietnam, Vietnamese law allows businesses, agencies, organizations, and individuals to recruit foreign workers for many positions for which Vietnamese workers cannot meet their needs. To work legally in Vietnam, foreign workers need a work permit. Vietnam’s government charges a state fee for the issuance and renewal of work permits. Understanding the current work permit fees is crucial for employers and employees planning to navigate the employment process in Vietnam. In the article below, Viet An Law will provide state fee for work permit in Vietnam according to current regulations.

Legal basis

• Labor Code 2019;
• Decree 152/2020/ND-CP regulating foreign workers working in Vietnam and recruiting and managing Vietnamese workers working for foreign organizations and individuals in Vietnam, amended and supplemented by Decree 70/202
• Circular No. 85/2019/TT-BTC guiding on fees and charges under the deciding authority of the People’s Councils of provinces and centrally run cities, amended and supplemented by Circular 106/2021/TT-BTC;
• Decision 526/QD-LDTBXH on announcing newly issued administrative procedures, amending and supplementing employment fields within the scope of state management functions of the Ministry of Labor, War Invalids and Social Affairs.
• Resolution of the People’s Councils of some provinces and cities on fees and charges in the area.

In case of issuance of a work permit

A work permit can be understood as a type of legal document that allows workers of foreign nationality to work legally in Vietnam. A work permit is one of the conditions for foreign workers to work in Vietnam according to the provisions of Point d, Clause 1, Article 151 of the 2019 Labor Code.

Cases that are not subject to work permit issuance are specified in Article 154 of the 2019 Labor Code. These are cases where foreign workers entering Vietnam do not create new labor relations, so they do not greatly affect domestic or previous labor relations, this employee had to carry out some necessary legal procedures. Except for the cases specified in Article 154, all foreign workers coming to work in Vietnam must apply for a Work Permit at a competent state agency.

According to Article 11 of Decree 152/2020/ND-CP, The Ministry of Labor, War Invalids and Social Affairs or the Department of Labor, War Invalids and Social Affairs where the foreign worker is expected to work has the authority to issue Work Permits.

State fee for work permit in Vietnam

Concept

Fees for issuing work permits to foreigners working in Vietnam are understood as fees collected when competent state agencies issue work permits to foreigners working at businesses, agencies, and organizations operating in the territory of Vietnam.

Subjects must pay fees

When applying for a Work Permit, the applicant needs to pay the Work Permit fee. According to Article 11 of Decree 152/2020/ND-CP, the subjects paying the Work Permit fee can be determined as follows:

• Employers in cases where foreign workers work in the same form as employees performing labor contracts; working for foreign non-governmental organizations; moving within the enterprise; Managers, executives, experts, technical workers;…
• Vietnamese agencies, organizations, businesses or foreign organizations and businesses operating in Vietnam where foreign workers come to work in the form of implementing various types of contracts or agreements on economics, trade, finance, banking, insurance, science and technology, culture, sports, education, vocational and health education; Contract service provider.
• Foreign workers entering Vietnam to offer services, people responsible for establishing a commercial presence.

Fee rates

• According to the instructions in Decision No. 526/QD-LDTBXH 2021, if applying for a work permit for foreign workers at the Ministry of Labor, War Invalids and Social Affairs, there will be no fee required.
• If applying for a work permit for a foreign worker at the Department of Labor, War Invalids and Social Affairs or a unit authorized by the Department of Labor, War Invalids and Social Affairs, the foreign employer will must pay a fee.
• Specifically, according to Clause 4, Article 3 of Circular No. 85/2019/TT-BTC, amended and supplemented by Circular 106/2021/TT-BTC, the fee for issuing work permits for foreigners working in Vietnam (for licensing carried out by local agencies) belongs to the list of fees under the jurisdiction of the Provincial People’s Council. Based on the socio-economic conditions in the locality where service provision, fee and charge collection activities occur, the Provincial People’s Council shall stipulate appropriate fee and fee collection levels.

Thus, the work permit fee at the Department of Labor, War Invalids and Social Affairs is decided by the Provincial People’s Council and depending on each locality, the work permit fee will be different.

State fee for work permit in Vietnam in some localities

In Hanoi

According to Resolution 06/2020/NQ-HDND of the People’s Council of Hanoi, amended and supplemented by Resolution 13/2021/NQ-HDND, the fee for new work permits is 400,000 VND/license.

In Da Nang

According to Resolution 56/2021/NQ-HDND of the People’s Council of Da Nang City, the fee for issuing new work permits is 600,000 VND/permit.

In Ho Chi Minh City

According to Resolution 09/2022/NQ-HDND of the People’s Council of Ho Chi Minh City, the fee for issuing new work permits is 600,000 VND/permit.

In Quang Ninh

According to Resolution 62/2017/NQ-HDND, amended and supplemented by Resolution 09/2022/NQ-HDND of the People’s Council of Quang Ninh province, the fee for new work permits is 480,000 VND/license.

In Hai Phong

According to Resolution 12/2018/NQ-HDND of the People’s Council of Hai Phong City, the fee for issuing new work permits is 600,000 VND/permit.

In Thai Nguyen

According to Resolution 30/2022/NQ-HDND, of the People’s Council of Thai Nguyen province, the fee for issuing new work permits is 600,000 VND/permit.

The state fee for work permit in Vietnam in provinces and cities mainly ranges from 400,000 VND to 600,000 VND. The fee collection agency pays all collected fees to the state budget and declares, pays, and settles fees according to the provisions of law.

Note that this fee may change according to the Resolution at different times in each locality.

Work permit service of Viet An Law

• Consulting on detailed legal regulations on applying for work permits for foreigners in Vietnam;
• Consulting on documents needed to prepare to apply for a work permit according to regulations;
• Consulting on procedures and locations to obtain a health certificate to apply for a work permit following the law;
• Consulting and supporting the process of notarized translation and consular legalization of documents serving the work permit application;
• Draft documents, complete applications for work permits in Vietnam and advise on adjustments if necessary;
• Consulting on cases of work permit exemption and procedures for applying for work permit exemption;
• Representatives of businesses and employees carry out procedures for applying for work permits at competent state agencies;
• Regular legal advice after being granted a work permit, such as applying for a temporary residence card for foreign workers,…

Above is Viet An Law’s advice on state fee for work permit in Vietnam. If you have any questions or need legal service support regarding Work Permits, please contact Viet An Law for the best support.