Once the new labor code of Vietnam takes effect in early 2021, there are many changes on the validity period of a work permit, the new cases exempted from the work permit, the conditions and requirements will be applied immediately. The guidance on application for Vietnamese Work Permit and Work Permit exemption certificate are needed for both companies and foreign workers. Thousands of questions make them hesitant: Is it complicated to be able to get Vietnam work permit exemption certificates? After the expiry of the first extended work permit can authority allow working in Vietnam or not? If yes, what is the procedure? What are the necessary documents should prepare?…. In this article, we give you a comprehensive guide to Vietnam Work Permit. We ensure that the post below is supporting you a lot duringissuing successfully a Vietnam Work Permit. A guide to Work Permit in Vietnam will start now!
NEW UPDATES ON WORK PERMIT VIETNAM 2020
Vietnam New Labor Code No. 45/2019/QH14 (“New Labor Code“) will take effect from 1 January 2021, the New Labor Code changes the term of work permit, work permit extension and work permit exemption in Vietnam for foreign labors, these changes are expected to have a significant impact on Vietnam companies and organizations who recruit foreign labors.
<a> New update on the term of Vietnam Work Permit
From 1th January 2021, the term of a Vietnam work permit is two years and can only be extended once for a further two-year term. The companies and organizations want foreign laborers to continue working for their companies in Vietnam after the expiry of the extended work permit will apply for a new Vietnam work permit.
<b> New updates on Work Permit Exemption
New work permit exemption cases will be applied from 1 January 202: Vietnam government will provide further guidance on requirements and implementation. Below are the additional cases for Vietnam work permit exemption certificate:
- A Vietnam work permit exemption certificate will be issued to a foreign national who marries to a Vietnamese citizen. Therefore, the sponsor entity for visa/temporary residence card for the foreign national could be changed from the Vietnam’s companies/ organizations to the Vietnamese husband/wife of the foreign national.
- A Vietnam work permit exemption certificate is also issued to foreign national who are owners or shareholding members of limited liability companies and shareholders; members of the board of directors of joint stock companies that meet the requirements for government capital contribution.
GUIDANCE ON APPLICATION FOR WORK PERMIT VIETNAM
Applying for a Vietnamese work permit and work permit exemption certificate for foreign labors can be done both while the foreigner is in Vietnam and in their home country as well. The procedures and requirements for Vietnamese work permit application are the same, only one difference regarding document completion and consular legalization must be done in their home country then courier the original copies of them to Vietnam
♦ Guidance on documents completion for Vietnam work permit
Requirements for working permit in Vietnam depend on the job positions applying for foreign workers. The most common are expert and manager positions, the managers are less document than experts, however some documents must be provided by the company in Vietnam to prove that the foreigner is a manager or deputy manager of the company.
<a> Guide to prepare the documents for Expat Position
Examples of job titles that you can apply for the Expert position: business expert, technical consulting expert, information technology expert, project manager, customer relation director, financial and business development director,…
Remember that those examples are just for your references, it depends many factors of your actual case to decide on the job titles such as business field of the company where you are working, work experience, professional major in university or higher, etc.
******Required documents for Expat position are:
- Full-page photocopy of passport in A4-sized paper;
- 3 photos of the applicant in 4x6cm size (with white background, bare head, without spectacles);
- Expert certificate or Experience certificate legalized at the Vietnam Embassy/Consulate, translated into Vietnamese and notarized;
The basic content of Expert or Experience certificate should satisfy the following conditions: it is issued by a former company of the labor in foreign countries; the former job position it certifies must be the same as or equivalent to the position being applied in Vietnam; the work experience is at least 3 years, specifying the starting and ending date of employment; personal information of the labor must be consistent with that in his current passport; the certificate should have full information, signature and seal of the foreign company. - University/college degree or higher diplomas must be legalized at the Embassy/Consulate of Vietnam, translated into Vietnamese and notarized legally;
Similar to the Expert or Experience certificate, university degree should be in appropriate major to the expected job position in Vietnam; and all personal information is consistent with foreign labor’s passport. - The criminal record can be issued by the Vietnamese government or a foreign state. In case the foreign state issue this document, it must be legalized and translated as well as notarized in Vietnam.
- Likewise, health check enacted by both Vietnamese and foreign hospitals are acceptable. However, in Vietnam, only health certificates produced by certain hospitals which are appointed by the DoLISA are accepted.
In case the health check is carried out abroad, it must be legalized, translated and notarized.
<b> Guide to prepare the documents for Manager Positions
One of the most important evidences indicating that foreign labor is working as a Manager is the Enterprise Registration Certificate or Representative Office establishment certificate.
Some job titles to apply as a Manager are: General Director, Deputy Director, Executive Director…
*******Required documents for Manager position are:
- Documents #1,2,5,6 in the above are applied the same in this case
- Experience certificate is prepare like experience certificate for expat position, however, the position confirmed must be revelent with the manager position that he/she is expected to work in Vietnam.
- Do not need University/college degree or higher diplomas
♦ Guidance on completion for documents that needed to consular legalization
All documents which are issued in foreigned egencies must be consular legalization. In case of doing work permit in Vietnam, these documents can be:
- Expert certificate;
- Experience certificate;
- Letter of Assignment;
- Educational qualifications like University/college degree or higher diplomas;
- Foreign criminal record;
- Foreign heath;
According to the common rules of many countries, the procedures for consular legalization outside Vietnam is usually completed through 3 steps equivalent to 3 authorities
►Step 1: The documents issued by the competent bodies/organizations of foreign countries must be authenticated at a competent notary of the country where the documents were issued.
►Step 2: The notarized documents must be certified by Ministry of Foreign Affairs where the documents were issued.
►Step 3: Notarized and certified documents must be legalized by Vietnamese Embassy/ consulate where the foreign worker is living.
After completing the above 3 steps, the original copies of legalized documents send to Vietnam and need to do 1 more step to use legally under the provisions of Vietnamese laws.
►Additional Step 4 for WP using: Foreign documents must be translated into Vietnamese and certified the translation by Justice Division of any District People’s Committee or notary offices in Vietnam before submitting to the authorities of Vietnam.
OTHER ARTICLES RELATED TO VIETNAM’S WORK PERMIT, VISAS AND TEMPORARY RESIDENCE CARD
- New Policy Of Vietnam Electronic Visas For Foreigner From July 2020
- Latest Updates on Work Permit Vietnam for Foreigner
- How To Get Vietnam Work Permit For Management Position
- Vietnam Submits New Issues Of Vietnam Work Permit
- Vietnam Work Permit Termination – Foreigners Must Know
- How To Extend or Renew Visa In Vietnam
- How To Apply Work Permit In Viet Nam
- How To Apply Work Permit Extension
- How To Apply For Vietnam Visa On Arrival
- How To Apply For Visa Extension In Vietnam
- How to apply for Extension of Temporary Residence Card
- Procedures For Lost Vietnam Temporary Residence Card
- Vietnam Temporary Residence Card For Foreigner’s Relative
- Who Can Get Vietnam Temporary Residence Card
For further information please contact:
Discovery Indochina Travel Co., Ltd
5th Floor | Platinum Building | 145 Dien Bien Phu Street, District 1 | Ho Chi Minh City | Vietnam
Tel: 028 39102358 | 028 39102359 Mobile: 0938228856 | 0906640505
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