Vietnam Work Permit for foreigners

Our country’s labor market is an open market, including both domestic and foreign workers. One of the conditions for foreign workers to be allowed to work in Vietnam is to be granted a work permit by a competent state agency. In the article below, Viet An Law would like to introduce the regulations on granting work permits to foreigners and our full package service of granting work permits to foreigners.

Work permit regime

Currently, our country does not have specific regulations defining a work permit, but it can be understood that a work permit is a type of legal document issued by a competent state agency to foreign workers so that they can work legally in Vietnam.

However, not all foreigners working in our country need to apply for a work permit. Only those who are required to apply for a work permit according to Vietnamese law need to apply for a work permit.

Pursuant to Article 10, Decree 152/2020/ND-CP, the maximum duration of a work permit is not more than 02 years.

Authority to grant work permits to foreign workers

Article 11 of Decree 152/2020/ND-CP stipulates that the following agencies are competent to grant work permits:

• Ministry of Labor, Invalids and Social Affairs
• Department of Labor, Invalids and Social Affairs where the foreign worker is expected to work

Application for work permit

Application for work permit for foreigners is stipulated in Article 9, Decree 152/2020/ND-CP as follows:

• The employer’s request for a work permit according to Form No. 11/PLI Appendix I issued with Decree 70/2023/ND-CP;
• Health certificate or health examination certificate issued by a competent medical agency or organization of a foreign country or Vietnam is valid for 12 months from the date of signing the health conclusion to the date of submitting the application or certificate of good health according to the regulations of the Minister of Health.
• A criminal record or document confirming that the foreign employee is not serving a sentence or has not had his/her criminal record expunged or is under criminal prosecution issued by a foreign country or by Vietnam.
• Documents and papers proving that you are a manager, executive director, expert, technical worker and some occupations and jobs as prescribed by law;
• 02 color photos (size 4 cm x 6 cm, white background, face looking straight, bare head, no colored glasses), photos taken no more than 06 months from the date of application submission.
• Document approving the need to use foreign workers, except for cases where it is not necessary to determine the need to use foreign workers.
• Certified copy of passport or copy of passport certified by employer;

In addition, foreign workers also need to provide other relevant documents depending on each specific case.

Documents must be 1 original or certified copy. If there are foreign documents, they must be consular legalization according to regulations.

Procedures for applying for work permits for foreign workers

Article 11 of Decree 152/2020/ND-CP stipulates the procedure for granting work permits to foreign workers, including 03 steps, specifically as follows:

Step 1: Submit application for work permit

At least 15 days before the expected date of the foreign worker starting work in Vietnam, the worker or employer must submit an application for a work permit to the competent state agency. Specifically, the following subjects may submit an application:

• Employers;
• Vietnamese agencies, organizations, enterprises or foreign organizations and enterprises operating in Vietnam;
• Foreign workers entering Vietnam to offer services, persons responsible for establishing commercial presence.

Step 2: Competent authority receives and processes application for work permit

In case the application is complete and valid as prescribed in Article 9 of Decree 152/2020/ND-CP, the competent state agency shall issue a work permit to the foreign employee within 05 working days from the date of receipt of the complete application.

In case the competent authority refuses to grant a work permit to the employee, it must respond in writing and clearly state the reasons for refusing to grant the permit.

Step 3: Foreign workers are granted work permits

In the case of foreign employees applying for a work permit for the purpose of performing a labor contract, before starting work, they must sign a written labor contract with the employer after being granted a work permit.

After signing the contract, the employer sends the signed labor contract to the state agency that issued the work permit. The contract sent can be the original or a certified copy.

Vietnam Work Permit for foreigners package service of Viet An Law

• Service of applying for new, re-issuing and extending work permits for foreign workers;
• Consulting on legal issues related to labor and work permits for foreign workers;
• Consulting on procedures and locations to apply for a medical report book to apply for a work permit;
• Consulting on cases that are not required to be granted a work permit and carrying out procedures to request a confirmation of being not required to be granted a work permit;

If you need advice or want to learn more about Vietnam Work Permit for foreigners, please contact Viet An Law Firm for the best support.