As an employer of foreign workers, you must comply with Vietnamese’s latest labour laws which have been passed by the National Assembly of Vietnam on 20 November 2019 effetely on 1 January 2021 and a set of Work Permit conditions and requirements during their employment. A Work Permit (WP) or Work Permit Exemption (WPE) is generally issued to foreign workers working in Vietnam for more than 3 months. The duration of a Vietnamese Work Permit and Work Permit Exemption are generally 2 years and can now only be extended once for a further two-year term.
WHAT DO I NEED TO WORK IN VIETNAM?
To work in Vietnam, it typically depends on the nature of the job position, working form you intended to take as well as under what type of working permit in Vietnam you will be applying. For the most part, however, there are basic documentations you always need regardless of what form of working and type of work permit you are applying for:
- A valid job offer in Vietnam and legal entity operates under provision of Vietnam laws
- A short term business visa to travel to Vietnam is applies by a Vietnamese company and granted by Vietnamese immigration department
- A work permit or work permit exemption certificate issued by Vietnam authority
- A long term working visa replaced by Vietnamese Temporary Residence (TRCs)
VIETNAM WORK PERMIT – WHAT EXACTLY IS IT?
Purpose of Work Permit/ Work Permit Exemption: Issuing for foreigners with working purpose who want to work for over 90 days in Vietnam. Any foreign workers who work in Vietnam for more than 3 months but do not have Work Permit or Work Permit Exemption Certificate according to Decree 11/2016 of Vietnamese Government shall be executed from Vietnam and those registered entities using such foreign labors shall be severely punished with administrative fines. This is also the basic paper for foreigner in order to obtain a Temporary Resident Card in Vietnam.
Place to issue a Vietnam work permit:
- The local Department of Labor, Invalids and Social Affairs where the company employing the foreigner;
- Management of Industrial zones or Export processing zones if foreigner’s company operates in a Vietnamese industrial zone/ export processing zone.
- The applicants can submit the dossier online to the Department of Employment of Ministry of Labour, War Invalids and Social Affairs as well.
Vietnam Work Permit Validity: 2 years at maximum.
- If foreigners wish to continue their work at the current Vietnamese company longer than 2 years, they need to have their Vietnam Work Permit extended by their employers. However, according to the newly amended Vietnam Labour Code, all Work Permit can only be extended one time with the term of 2 years. This means that the maximum validity of Work Permit including extension is 4 years. If the foreigners intend to work for longer period than this, they must register for a new Work Permit.
- For those who are eligible for a Work Permit Exemption Certificate, similar to the Work Permit, this certificate is valid for 2 years. However, the exemption certificate is not allowed to extend so applicants must register for a new one when the two-year term ends.
VIETNAM WORK PERMIT CONDITIONS
As an employer of foreign workers, you must comply with Vietnamese labour laws and a set of Work Permit conditions and requirements during their employment. A Work Permit (WP) or Work Permit Exemption (WPE) is generally issued to foreign workers working in Vietnam for more than 3 months. The duration of a Vietnamese Work Permit and Work Permit Exemption are generally 2 years and can now only be extended once for a further two-year term.
Employers in Vietnam and Work Permit or work permit exemption holders must comply with The New Labor Code which has been passed by the National Assembly of Vietnam on 20 November 2019 and will take effect on 1 January 2021 and the Conditions of Work Permits.
As an employer of foreign labors in Vietnam, you must meet the following requirements:
- The employers of foreign labor in Vietnam must be a legal entity operating under the provision of Vietnam laws, the entities could be a limited-liability company; Joint-stock company; Representative office; or Business cooperation contractor (“BCC”) and BCC must be a cooperation agreement between foreign investors and at least one Vietnamese partner in order to carry out specific business activities;
- The employers of foreign labor guarantee and take full responsibility for the documentation related to obtaining a work permit, a certificate of work permit exemption Vietnam;
- The employers of foreign labor submit a form of explanation of foreign labor usage plan and get the written position approval on the need of using foreign workers from the provincial Department of Labor, War Invalids and Social Welfare;
- A signed labour contract between the foreign labor and the employer must be submitted to the provincial Department of Labour, Invalids and Social Welfares within 05 working days upon the date of signing the labor contract.
As a Foreign labors must comply with the following conditions:
- The applicant can only work within the scope of work mentioned in the work permits or work permit exemption certificates issued by the Vietnamese authorities;
- The applicant has capacity for civil acts fully in accordance with the laws of Vietnam;
- The applicant has good health fit with the job requirements in Vietnam;
- The applicant is a manager, executive director, expert or technician;
- The applicant is Not offenders or being prosecuted for criminal liability in accordance with the laws of Vietnam and foreign laws by providing a valid foreign police check or Vietnam criminal record issued by competent authorities;
- The applicant has educational qualification suitable with the job requirements in Vietnam, through the qualifications they currently hold such as a college degree, university/ bachelor’s degree, Master’s degree, or Doctoral degree;
- The foreign labor has a minimum of 3 years of work experience in the same position they will take up a job in Vietnam. Proof of working time, job position through a certificate of work experience or expert position certification certified by the former companies and have consular legalization in order to be used in Vietnam;
- An appointment letter is MUST for working as internal transfer and has consular legalization as well.
DETAILED CONDITIONS APPLYING VIETNAM WORK PERMIT FOR SPECIFIC JOB POSITION
Job Positions applying for a work permit in Vietnam as Foreign Managers, Executive Directors, Foreign Specialists/ Expats or Foreign Technicians, you can FIND OUT HERE
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