For foreigners who are artisans of traditional trades or experienced in their professions, production execution and management but have no certificate or diploma of recognition, a written certification of at least five years experience in their profession, production execution and management issued by a competent foreign agency is required. Currently, work permits for foreigners are valid for a maximum of two years and the work permit process can be a bit of headache and last from 4 to 6 weeks. We’ve put this guide together to walk you through the process, so you know what documents to pack and how to prepare them for getting a work permit in Vietnam. Authorities are becoming stricter regarding work permits. Those who violate the regulations by working in Vietnam without a work permit may be penalized or, if unable to meet work permit requirements, deported back to their home countries.
THE TERM OF WORK PERMIT
The validity period of a work permit is equal to the duration of one of the following cases as far as those periods are less than 02 years:
- Duration of the labor contract to be signed;
- Duration of assignment in Viet Nam decided by foreign parties;
- Duration of the contract or agreement between Vietnamese and foreign partners;
- Duration of the service contract or agreement between Vietnamese and foreign partners;
- Duration specified in documents of the service provider appointing the foreign worker to come to Viet Nam to negotiate on service provision;
- Duration specified in certificates of foreign non-governmental organizations and international organizations permitted to operate in accordance with the law of Viet Nam;
- Duration specified in documents of the service provider appointing the foreign worker to come to Viet Nam to establish a commercial presence of the service provider;
- Duration specified in documents proving that the foreign worker is permitted to engage in activities of the foreign enterprise which has established a commercial presence in Viet Nam.
WHO CAN APPLY FOR THE WORK PERMIT WITHOUT A DEGREE
For foreigners who are artisans of traditional trades or experienced in their professions, production execution and management but have no certificate or diploma of recognition, a written certification of at least five years experience in their profession, production execution and management issued by a competent foreign agency is required.
WHO CAN APPLY FOR THE WORK PERMIT
Foreigners working in Viet Nam (hereinafter referred to as foreign workers) in one of the forms below:
- Working under labor contracts;
- Being transfer within an enterprise;
- Performance of any of the following types of contract, namely economic, commercial, financial, banking, insurance, scientific and technical, cultural, sports, educational, vocational training or medical health contracts;
- Providing services under contract;
- Offering services;
- Working for a foreign non-governmental organization which is permitted to operate pursuant to the law of Viet Nam;
- Volunteers;
- Foreigners responsible for establishing commercial presence;
- Managers, executive directors, experts and technical workers;
- Foreigners participating in a tender contract or project in Viet Nam.
CONDITIONS FOR ISSUANCE OF A WORK PERMIT
- There is capacity for civil acts fully in accordance with the law.
- There is health fit with the job requirements.
- Not offenders or being prosecuted for criminal liability in accordance with the law of Viet Nam and foreign law.
- Being approved in writing by the competent State agencies on the use of foreign workers.
- Being a manager, executive director, expert or technician.
Foreign experts in one of the following cases:
- Having a written document proving him/her as an expert in a foreign agency, organization or enterprise;
- Having a college degree or equivalent or higher qualifications and have at least three-year working experience in the field consistent with the position that the foreign workers are expected to work in Viet Nam; special cases shall be considered and decided by the Prime Minister.
Foreign managers and executive directors in one of the following cases:
- Managers of an enterprise as stipulated in Clause 18 of Article 4 of the Law on Enterprises or heads and deputy heads of an agency or an organization;
- Chief Executive Officers who lead and directly operate subsidiary units under agencies, organizations and enterprises;
Technical workers who had received technical or other specialized training for least 01 year and worked at least 03 years in the sector of specialized training.
PROCEDURE FOR ISSUANCE OF A WORK PERMIT
- At least 30 working days before the date the foreign worker is expected to begin working for the employer, the employer must file an application for issuance of a work permit to the Department Labor – Invalids and Social Affairs where the foreign worker is expected to work.
- Within 07 working days from the date of receipt of an application for issuance of a work permit, the Department of Labor – Invalids and Social Affairs must issue a work permit for the foreign worker using forms the prescribed by the Ministry of Labor – Invalids and Social Affairs. In case a work permit is not granted, it must issue a written reply clearly stating the reason.
- For foreign workers stipulated in Point a, Clause 1 of Article 2 of this Decree, after issuance of a work permit, the employer and the foreign worker must sign a written labor contract in accordance with the labor law of Viet Nam before the expected date he or she starts working for the employer. Within 05 working days from the date of signing the labor contract, the employer must send a copy of the signed labor contract to the Department of Labor – Invalids and Social Affairs which has issued the work permit.
REQUIRED DOCUMENTS FOR APPLYING WORK PERMITS FOR FOREIGNERS IN VIETNAM
- Work permit application form – Form 1 explanation of foreign labor usage plan
- Work permission application letter – Form 7 the suggestion of issuing work permit for foreign employee
- Passport must be notarized copies with full pages on A4 paper
- Certificate of at least 3 years of working experience in the relevant position issued by the former employers, original hard copy, shows that the applicants have at least 3 years of working experience at the level of executive or higher. If it is issued outside of Vietnam, it must have consular legalization in order to be used in Vietnam.
- Education degree: Bachelor or higher, photocopy. If it is issued outside of Vietnam, it must have consular legalization in order to be used in Vietnam
- A valid criminal record issued by the applicant’s home country or by the Vietnamese Department of Justice
- Health check certificate must be issued by the hospital/clinic appointed by DOLISA
- Three recent passport-sized photos (These photos should be taken with bareheaded, frontal view, showing the face and ears clearly, without glasses, and on a white background and within the last 6 months from the date on which the expat lodges the application dossier for work permit)
Note that all documents provided by the authorized body of the country where the expat is a resident, must certified by native Ministry Foreign Affair or Notary Office before legalized by Vietnamese embassy or consulate overseas of the country where the expat is a resident
REVOCATION OF WORK PERMITS, EXPULSION OF FOREIGN WORKERS
Revocation of a work permit
- Work permits lapse.
- Work permits revoked because the employer or the foreign worker does not comply with this Decree.
- Procedure for revocation of a work permit
- For cases of work permits lapse, the employer shall revoke the work permit of the foreign worker to return to the Department of Labor – Invalids and Social Affairs which has issued the work permit;
- For cases break the law, the Director of the Department of Labor – Invalids and Social Affairs which has issued the work permit shall issue a revocation decision and notify the employer to revoke the work permit of the foreign worker and return to the Department of Labor – Invalids and Social Affairs;
- The Department of Labor – Invalids and Social Affairs shall issue a written document confirming revocation of work permit to the employer.
Expulsion of foreign workers
- Foreign workers in Viet Nam without a work permit or written document confirming exemption from work permit as stipulated shall be deported under the Viet Nam law.
- Within 15 working days from the date confirming the foreigner working in Viet Nam without a work permit, the Department of Labor – Invalids and Social Affairs shall request the police department to deport that foreign worker.
OTHER INFORMATION RELATED TO VIETNAM’S WORK PERMIT, VISAS AND TEMPORARY RESIDENCE CARD
- 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
- How To Apply Vietnam Visa On Arrival
- How To Extend or Renew Visa In Vietnam
- How To Apply Vietnam’s Visa For Bangladesh, Sri Lanka, Iran, Parkistan, Turkey Citizens
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
www.visa5s.com | www.ditravel.vn
