Work permit application service for foreigners in Vietnam

In recent years, the number of foreign workers working in Vietnam has been increasing rapidly. With increasingly deep international integration, the appearance of foreign workers has contributed significantly to Vietnam’s economic development. However, to manage foreign labor resources, Vietnamese law has regulations on Work Permits for foreign workers. Hereinafter, Viet An Law will provide work permit application service for foreigners in Vietnams according to the provisions of the law.

Legal basis

• Labor Code 2019;
• Decree 152/2020/ND-CP regulating foreign workers working in Vietnam and recruitment and management of Vietnamese workers working for foreign organizations and individuals in Vietnam, as amended and supplemented by Decree 70/2023/ND-CP.
• 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, Invalids and Social Affairs.

What is a work permit?

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 Labor Code 2019. A work permit can be understood as a type of document. The law allows workers with foreign nationality to work legally in Vietnam. Foreign workers working in Vietnam without a work permit will be forced to leave or deported according to the provisions of the law on entry, exit, transit, and residence of foreigners in Vietnam.

Which cases need to apply for a work permit?

• Except for cases not subject to a work permit according to Article 154 of the 2019 Labor Code, all foreign workers coming to work in Vietnam must have a work permit issued by a Vietnamese competent state agency.
• For foreign workers who are not subject to a work permit, it is necessary to carry out procedures to confirm that the worker is not subject to a work permit.

Application for work permit in Vietnam

Dossier components

According to the provisions of Article 9 of Decree 152/2020/ND-CP, amended and supplemented by Decree 70/2023/ND-CP, the application file for a Work Permit includes:

• Written request for a work permit from the employer. In case of working at multiple locations, the written request for a work permit must fully list all working locations;
• A health certificate or health examination certificate issued by a competent foreign or Vietnamese medical agency or organization is valid for 12 months, from the date of signing the health conclusion to the date of application submission. Document or certificate of good health according to regulations of the Minister of Health.
• The police certificate or document certifying that the foreign worker is not a person serving a sentence has not had his or her criminal record erased or is being prosecuted for criminal liability by a foreign country or foreign country. Vietnam issued.
• Documents and documents proving that you are a manager, executive director, expert, technical worker, and some professions and jobs;
• 02 color photos (size 4 cm x 6 cm, white background, straight face, bare head, no colored glasses), taken no more than 6 months before the date of application.
• Document approving the need to use foreign workers, except in cases where the need to use foreign workers is not required.
• Certified copy of passport or copy of passport certified by the employer that is still valid according to the provisions of law.
• Documents related to foreign workers;
• Power of Attorney for Viet An Law to conduct procedures.

Note the form of the documents

Documents in the dossier are originals or certified copies. If they are from foreign countries, they must be consular legalized, except in cases where consular legalization is exempted according to international treaties between Vietnam and foreign countries. All officials are members either according to the principle of reciprocity or according to the provisions of law; Translated into Vietnamese and authenticated according to Vietnamese law.

Authority to issue work permits in Vietnam

According to the provisions of Article 11 of Decree 152/2020/ND-CP, amended and supplemented by Decree 70/2023/ND-CP, the authority to issue Work Permits is the Ministry of Labor, Invalids and Social Affairs or the Department of Labor, Invalids and Social Affairs where the foreign worker is expected to work.

Implementation procedures

Procedures for applying for a Work Permit are specifically stipulated in Decision 526/QD-LDTBXH, specifically including the following steps:

Step 1: Submit application

At least 15 days in advance from the date the foreign worker is expected to start working in Vietnam, the applicant needs to submit 01 set of application documents for a work permit to the competent authority.

Note:

• In the case of foreign workers working under a labor contract; moving within the enterprise; Working for foreign non-governmental organizations or international organizations in Vietnam that are allowed to operate according to Vietnamese law; Volunteers; Managers, executives, experts, technical workers; Participating in implementing bidding packages and projects in Vietnam, the responsibility for submitting documents belongs to the employer.
• For the implementation of all types of contracts or agreements in economics, trade, finance, banking, insurance, science and technology, culture, sports, education, vocational education, and health; For service providers under contract, the responsibility for submitting documents belongs to the Vietnamese agency, organization, or enterprise or the foreign organization or enterprise operating in Vietnam where the foreign worker comes to work.
• In case foreign workers enter Vietnam to offer services, the person responsible for establishing a commercial presence in the form of offering services; The responsibility for applying falls to the employee who is responsible for establishing a commercial presence.

Executive form: After preparing the application, the applicant applies directly or via postal service or applies to online public service (if any) to the Ministry of Labor and Trade (Department of Employment) or Department of Labor, Invalids and Social Affairs.

Step 2: The agency receives and processes the dossier.

• Within 05 working days from the date of receiving a complete application for a work permit, the Ministry of Labor, Invalids and Social Affairs (Department of Employment) or the Department of Labor, Invalids and Social Affairs shall issue the permit. labor for foreign workers in each case under legal authority.
• In case a work permit is not issued, there will be a written response clearly stating the reason.
• For foreign workers working under a labor contract, after being granted a work permit, the employer and foreign worker must sign a written labor contract according to Vietnamese labor law before the expected date of employment with the employer.
• The employer must send the signed labor contract upon request to the Ministry of Labor, Invalids and Social Affairs (Department of Employment). The labor contract must be an original or certified copy.

Work permit application service for foreigners in Vietnam of Viet An Law

If the business conducts the procedure for applying for a work permit itself, the biggest advantage is that the business will save the cost of directly applying for a work permit. However, businesses will face many difficulties in legal procedures, records, papers, etc. Therefore, customers can use the work permit application service of Viet An Law to get the best support. Viet An Law’s work permit application service includes:

• Consult in detail on legal regulations on applying for work permits for foreigners in Vietnam as well as get answers to related questions;
• Get close advice on the documents that need to be prepared 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 by the law;
• Consulting and supporting the process of notarized translation and consular legalization of documents serving work permit applications;
• Check your application for a work permit in Vietnam and advise on adjustments if necessary;
• Complete the work permit application;
• 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;
• Update businesses on application review status;
• Regular legal advice after being granted a work permit, such as applying for a temporary residence card for foreign workers,…

Above is the legal service on work permit application services for foreigners. If you have any questions or need legal service support regarding Work Permits, please contact Viet An Law for the best support.