Work Permit
Vietnam is currently becoming an attractive destination for foreign experts with its strongly growing economy and many job opportunities. However, a Vietnam work permit is one of the prerequisites for foreigners to work legally in this country. This article will provide detailed information, from concepts, applicable subjects to how to apply, to help you understand and best prepare.
What is work permit for foreign employee?
A work permit is a legal document issued by a competent authority in Vietnam, allowing foreigners to work legally in Vietnam for a certain period of time. This is one of the important requirements to ensure that workers comply with legal regulations and help the state manage foreign labor resources effectively.
Without a work permit, foreigners can be severely punished or even deported from Vietnam.
Who is subject to work permit granting in Viet Nam
According to regulations, most foreign workers working in Vietnam in any field must apply for a work permit. This applies to the following cases:
- Workers working under contracts with Vietnamese companies or foreign companies based in Vietnam.
- Experts, managers, executives, or technical workers.
- Those working for a term of 3 months or more.
However, there are some exceptions that are exempt from a Vietnam work permit, such as: Investors, internal job transferees, foreigners married to Vietnamese citizens and living in Vietnam, etc.
When to Apply for Vietnam Work Permit?
According to Circular No. 23/2017/TT-BLDTBXH, international workers must apply for a work permit at least 13 days before the anticipated start date of employment in Vietnam. The representative or employer group in Vietnam is in charge of drafting the application form and supporting documentation for submission to the Department of Labor, War Invalids, and Social Affairs to request a work permit.
The process of preparing and submitting documents early helps ensure that you do not have to interrupt your work or face legal issues.
How to apply Vietnam work permit for foreigner?
Below are the procedures for applying for a Vietnam work permit that foreign enterprises and employees need to note:
Step 1: Submit an application for approval of the need to use foreign labor
Employers must submit an application for approval of the need to use foreign labor at least 1 month before the expected date of the foreigner’s entry into work.
Documents necessary for approval include:
- An application form for registering the necessity to engage foreign workers.
- A certified copy of the business registration certificate.
- A power of attorney in the event that the candidate is not the enterprise’s legal representative.
The paperwork will subsequently be presented to the Ministry of Labor, War Invalids, and Social Affairs, or the Committee where the foreign employee is scheduled to work. Or visit http://dvc.vieclamvietnam.gov.vn.
Step 2: Prepare complete documentation.
Foreign workers must prepare complete paperwork, including:
- Application form for work permit in Vietnam.
- Original health certificate issued in Vietnam, or health certificate issued overseas with a certified Vietnamese translation (health certificate must be issued within the last 12 months).
- Original criminal record or criminal record confirmation issued overseas with certified Vietnamese translation (criminal record confirmation must be valid within the last 6 months).
- Copies of documents demonstrating the foreigner’s eligibility to work in Vietnam, including a certified Vietnamese translation.
- A certified copy of the passport.
- Letter granting consent to hire foreign workers.
- Two 4×6 centimeter photographs.
Step 3: Submit the application
Applications must be filed to the Department of Labor, War Invalids, and Social Affairs (DOLISA) in the location of the foreign worker’s business or organization (the submission deadline is 15 days before the planned start date of employment).
Step 4: Wait for processing and receiving results.
A Vietnam work permit application normally takes 7-10 working days to process, and if the application is valid, the work permit will be issued..
Conditions for issuance of work permits
To obtain a work permit in Vietnam, international workers must meet the following conditions:
- Age: 18 or older.
- Professional qualifications: Possess a degree or certificate related to the targeted work.
- Working experience: At least two to five years in a comparable field.
- Health: Hold a health certificate relevant for the job issued by a recognized medical establishment in Vietnam or abroad.
- Clean legal documents: There is no criminal record or illegal activity in Vietnam or any other country.
Documents required for a work permit application include
When applying for a Vietnam work permit, foreigners must prepare the following documents.
- Apply for a work permit (using the appropriate form).
- Passport (notarized photocopy).
- Health certificate (issued within the past 12 months).
- Judicial records issued in Vietnam or abroad.
- Labor contract (if applicable).
- Certificates for professional qualifications and job experience.
Work permit procedure for foreign employee in Viet Nam
The application process for a Vietnam work permit is as follows:
- Step 1: Submit your application to the Department of Labor, War Invalids, and Social Affairs.
- Step 2: The information is checked and verified by the competent authority.
- Step 3: If the application is approved, the work permit will be granted within 7 to 15 working days.
Processing time and cost
- Processing Time
The processing period for a Vietnam work visa application typically ranges from 7 to 10 working days after submission of a complete and legal application. However, in some problematic circumstances or those requiring additional papers, the processing time may be extended.
- Work permit application fees
The cost of applying for a work permit in Vietnam varies according to the region and the relevant authority’s restrictions. The fee typically ranges between $100 and $300 USD, depending on the type of work permit and the foreign worker’s working time.
Note: Please keep in mind that the costs shown above do not cover translation, notarization, or consular legalization expenses for documents from other countries.
Validity and extension
- Validity of work permits
A work permit is typically good for a maximum of two years. When the work permit expires, the employee cannot continue to work in Vietnam unless it is renewed.
- Extending work permit
Foreign employees may extend their work permit for up to two years, depending on the work conditions and labor contract. To avoid work interruptions, the renewal process must be completed at least 30 days before the existing permit expires.
What happens if you don’t have work permit?
Foreign workers who labor in Vietnam without a legal work visa will face numerous significant repercussions, including:
- Workers face administrative fines ranging from 5 million to 25 million VND and may be deported from Vietnam.
- Administrative fines for enterprises that employ workers range from 30 million to 75 million VND. Simultaneously, their operations may be suspended in some situations.
In general, ensuring that foreign workers have work permits not only allows them to work lawfully, but it also safeguards the company’s reputation and operations.
Frequently Asked Questions (FAQ)
In addition to information on regulations and processes for applying for a Vietnam work permit, Entry VietNam Visa has developed a list of frequently asked questions. Hopefully, they will aid readers:
- How long is a work permit valid?
A work permit is typically valid for up to two years and can be extended for an additional two years.
- Which documents are required to apply for a work permit?
The application contains a passport, a health certificate, a criminal record, a labor contract, professional qualifications, and work experience certifications.
- Which employees are excluded from work permits?
Those who transfer within a company, marry a Vietnamese citizen, or work for less than three months in specified industries may be free from work permits.
- How do I extend a work permit?
To prolong, the employee must submit an extension application and supporting documentation to the Department of Labor, War Invalids, and Social Affairs before the current permission expires.
- Can I work while waiting for my work permit?
No, foreign employees may only work after acquiring a valid work permit.
A Vietnamese work permit is a necessary legal requirement for foreign employees to work legally in Vietnam. Preparing accurate papers, adhering to regulations, and recognizing rights and obligations will assist you and your company avoid legal issues. If you require any additional assistance, please contact professionals or authorities immediately for precise instructions.
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