From January 1, 2024, the recruitment announcement of Vietnamese employees for positions expected to recruit foreign workers will be made on the Electronic Information Portal of the Ministry of Labor, Invalids and Social Affairs (Department of Employment) or the Electronic Information Portal of the Employment Service Center established by the Chairman of the People’s Committee of the province within at least 15 days from the expected date. Explanation report to 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.
Labor Code 45/2019/QH14 of the Government, as issued on November 20, 2019, and effective on January 1, 2021.
Decree 152/2020/ND-CP regulating foreign workers working in Vietnam and recruitment and management of Vietnamese employees working for organizations and individuals foreigners in Vietnam.
Decree 70/2023/ND-CP amending and supplementing several articles of 152/2020/ND-CP regulating foreign workers working in Vietnam and recruitment and management of employees in Vietnam working for foreign organizations and individuals in Vietnam.
Circular 23/2017/TT-BLDTBXH guiding on online issuance of Work Permit to foreign workers in Vietnam.
Official Dispatch 143/KCB-PHCN&GD regarding the updating of facilities eligible for conducting checkup for foreigners working in Vietnam according to provisions of Circular No. 14/2013/TT-BYT.
According to the provisions of Article 151 of the Labor Code, to be granted a Work Permit under a labor contract, a foreign worker means a person who has a foreign nationality and:
is at last 18 years of age and has full legal capacity;
has qualifications, occupational skills, practical experience, and adequate health as prescribed by the Minister of Health;
is not serving a sentence; does not have an unspent conviction; is not undergoing criminal prosecution under his/her home country’s law or Vietnamese law;
Procedure for applying for a Work Permit in Vietnam from 01/01/2024
The employer wants to apply for a Work Permit for foreign workers in Vietnam, the following procedures must be followed:
Step 1: Post recruitment information on the website of the Hanoi Employment Service Center at https://vieclamhanoi.net/
Step 2: Prepare a report and explain the need for foreign labor and send it to the Ministry or Department of Labor, Invalids and Social Affairs at least 15 days in advance from the expected date of employing foreign workers.
After the recruitment information is posted, the employer prints the photo and link to update the post along with a written explanation/explanation for changes in the need to use foreign workers and sends it to the Ministry or Department of Labor, Invalids and Social Affairs.
The competent Ministry or the Department of Labor, Invalids and Social Affairs shall issue a written approval or disapproval of the employment of foreign workers for each job position within 10 working days. from the date of receipt of the explanation report or explanation report on adjustment in the need to use foreign workers.
Step 3: Prepare an application for a Work Permit
Dossiers include:
Written request for a Work Permit from the employer.
A health certificate or health examination certificate issued by a competent foreign or Vietnamese health facility within 12 months before the submission date of the application or the certificate of Good Health according to regulations of the Minister of Health.
A police (clearance) certificate or document certifying that the foreign worker is not a person serving a sentence or has not had his or her criminal record expunged or is not facing a criminal prosecution which is issued by a foreign or Vietnamese authority.
Proofs as a manager, executive, expert, technical and certain jobs, works according to regulations.
02 color photos (4 cm x 6 cm size, white background, front view, bare head, no colored glasses), taken within 6 months before the date of application.
An acceptance of demand for foreign workers, unless it is not required.
A valid certified true copy of passport or copy of passport certified by the employer that is still valid as per law.
Documents relevant to the foreign workers;
Other documents (if any).
The competent authority grants Work Permit for foreigners
Apply for a Work Permit to the Ministry or the Department of Labor, Invalids and Social Affairs at least 15 days before the employee starts working.
Work permit issuance time is from January 1, 2024
Within 05 working days from the date of receiving a complete application for a Work Permit, the Ministry or the Department of Labor, Invalids and Social Affairs where the foreign worker is expected to work shall issue a work permit to the foreign workers. If the application is rejected, a written explanation is required.
Term of Work Permit
The maximum term is 02 years.
Work permit issuance service of Viet An Law Firm
Consulting and support in registering the acceptance of demand for foreign workers for businesses.
Consulting on procedures for issuing the police (clearance) certificate for foreigners in Vietnam (foreigners need confirmation of temporary residence in Vietnam);
Consulting on Work Permit applications for foreigners according to regulations;
Consulting on health examination procedures in Vietnam to apply for a Work Permit;
Translate, notarize translation, and consular legalize documents serving the issuance of Work Permits;
Consulting on conditions for obtaining a Work Permit in Vietnam;
Completing Work Permit applications in Vietnam for clients;
Consulting on cases not subject to a Work Permit and carrying out procedures for certification of cases not subject to a Work Permit;
Representatives of businesses and workers carry out procedures for applying for Work Permits at competent state agencies.
Consulting and guidance on preparing documents for temporary residence cards for foreigners after being granted a Work Permit.
Clients who need advice or use Work Permit issuance services for foreigners in Vietnam, please contact Viet An Law Firm for the fastest, most professional support, at the most reasonable costs!
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