The demand for foreign labor has become popular due to the increase of foreign investment projects in Vietnam, the demand for services provided by foreign enterprises and thanks to the signing of international free trade agreements like WTO, ASEAN,etc. The following article summarizes the conditions and procedures for enterprises and organizations that they need foreign employers to apply for work permits.
Workers need to meet the following conditions to work in Vietnam:
- Having full civil act capacity;
- Having professional qualifications, skills and health suitable to the job requirements;
- Not being an offender or being examined for penal liability in accordance with the laws of Vietnam and foreign laws;
- Having a work permit granted by a competent Vietnamese state agency (except for cases not subject to a work permit issued by the Labor Code).
The granting of foreign work permits is applicable to foreigners working in Vietnam, specifically as follows:
- 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.
Procedures for applying for a work permit for foreigners in Vietnam:
Step 1. Please accept the need to use foreign workers.
Before at least 30 days from the expected date of using the foreign worker, the employer (except the contractor) sends an explanation report on the need to use foreign workers to the Department of Labor – Invalids and Social Affairs or Chairman of provincial People’s Committee.
According to the new regulation from Circular 23/2017/TT-BLDTBXH effective October 2, 2017, employers can also submit this declaration and report through the local web portal http://dvc.vieclamvietnam.gov.vn only. The procedure is as follows:
- The employer registers the account at the above-mentioned web portal and submits the dossier with the established account, within at least 20 days before the intended date of using the foreign labor;
- Within 12 days from the date of receiving the valid foreign employment demand statement and report, the approving agency will send the results via email to the employer. If the application is not yet valid, the approval agency will issue a notice of correction.
- After obtaining the approval of the foreign employer, the employer shall submit the original dossier directly or by post to the approving agency. Within 08 hours of receiving the original of the application, the approval authority will return the original of the approval result to the employer.
- The dossier includes: A report form explaining the needs of foreign labor (according to the form of Circular 40/2106 / TT-BLĐTBXH).
Step 2. Apply for a work permit for foreigners
Documents to prepare:
- The written request for a work permit;
- Health certificate or health certificate issued by a competent medical organization in Vietnam (must be valid for less than 12 months to the date of submission);
- Judicial records are issued within 06 months from the date of submission;
- Documents proving that the qualifications are suitable for the job as a manager, executive director, expert or technical worker: qualifications, certifying experience from other companies …;
- Certified copy of passport;
- In addition, for industries with special requirements (football players, pilots, aircraft maintenance) or cases of foreign workers providing services or performing contracts, offering services … in Vietnam, the file will include other papers as prescribed by law.
Similar to the application for approval, the employer is also allowed to apply directly to the approval agency or submit it through the web portal http://dvc.vieclamvietnam.gov.vn.
Time limit for granting work permits to foreigners:
- Directly submitted to competent agencies: 07 working days from the date of receipt of valid dossiers.
- Apply online, the time to return the result is 05 days. The approving agency will issue a work permit if the dossier is valid or issue a notice to modify the file if there are errors. After receiving the work permit via email, the employer will submit the original of the application to the licensing agency and receive the original work permit.
Note: Foreigner’s documents need to be consular legalized, then translated into Vietnamese and notarized, authenticated before submitting.
Above are some provisions of the law on dossiers and procedures for applying for work permits for foreigners. If you would like to know more details, please contact Viet An Law Firm.
Viet An Law Firm is a reputable and professional unit providing consulting services and supporting the implementation of procedures related to the fields: foreign investment; business establishment; apply for licenses of conditional industries and trades; intellectual property protection; work permit …