How to apply for a work permit in Vietnam?
The Vietnamese work permit is issued to foreigners working legally in Vietnam. Work permits must be issued within three months of arriving in Vietnam. Or you can apply for a work permit before coming to Vietnam.The employer usually makes the application process on behalf of the employee.
According to Article 11 of Decree No. 11/2016 / ND-CP issued on February 3, 2016, detailing the Labor Code for foreign workers in Vietnam, the working term permits have been Upgrades must not exceed 2 years. But first, they must be listed as one of the subject applications and provide sufficient relevant up-to-date documentation in the Labor Code.
Furthermore, there are some special cases of foreign workers where a work permit may be exempt, which is also outlined in the law. For those who do not operate fully under the law, their work permit will be revoked or even exported from Vietnam.
The Vietnamese work permit is issued to foreigners working legally in Vietnam.
The term of the work permit is equal to the term of the labor contract signed with a term of fewer than 02 years.
Who can apply for a work permit
Foreigners working in Vietnam (hereinafter referred to as foreign workers) in one of the following forms:
- Working under labor contracts;
- Transferring in an enterprise;
- Implementation of the following types of contracts: economic, commercial, financial, banking, insurance, science and technology, culture, sports, education, vocational, and medical contracts;
- Providing services under the contract;
- Provide services;
- Working for a foreign non-governmental organization authorized to operate under Vietnamese law;
- Foreigners responsible for establishing a commercial presence;
- managers, executives, specialists and technical workers;
- Foreigners participating in bidding contracts or projects in Vietnam.
Conditions for granting work permits
- Having full civil act capacity as prescribed by law.
- Being physically fit for the job requirements.
- Not being a criminal or prosecuted for criminal liability under Vietnamese law and foreign law.
- Approved in writing by a competent State authority on the employment of foreign workers.
- Are a manager, executive director, expert, or technician.
Foreign managers and executive directors in one of the following cases:
- Enterprise managers defined in Clause 18, Article 4 of the Law on Enterprises or heads and deputy heads of agencies or organizations;
- The Chief of the Office leads directly and operates directly under units of agencies, organizations, and enterprises;
Technical workers have been trained in technical or other majors for 01 years or more and have at least 03 years in the field of specialized training.
Procedures for granting work permits
At least 30 working days before the date the foreign worker is expected to work for the employer, the employer must submit a work permit application to the Department of Labor, War Invalids, and Social Affairs. the place where the foreign worker is expected to work.
Within 07 working days from the day on which the application for a work permit is received, the Department of Labor, War Invalids, and Social Affairs shall issue a work permit to the foreign worker according to the form issued by the Ministry of Labor. – Invalids and Social Affairs regulations. In case of refusal to issue a work permit, it must reply in writing, clearly stating the reason.
For the foreign workers specified at Point a, Clause 1, Article 2 of this Decree, after being granted a work permit, the employer and the foreign worker must sign a written labor contract under regulations of Vietnamese labor law before the intended date. 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 where the work permit is issued.
The necessary papers to apply for a work permit for the outside person in Vietnam
- Application for a work permit – Form 1 explains plans for the employment of foreign workers;
- Application for a work permit – Form No. 7 requesting a work permit for the foreign worker;
- Passport must be a certified copy with full pages on A4 paper size;
- A certificate of at least 3 years of work experience in the same position as the former employer, the original, the original, showing the application has at least 3 years of working experience from the senior executive level. up. If used overseas Vietnam must be a used to be used at Viet Nam.
- Education: University or higher, photocopy. If issued outside of Vietnam, it must be consular legalized for use in Vietnam
- A valid criminal record issued by the applicant’s home country or the Vietnam Department of Justice
- The health examination must be issued by a hospital/clinic designated by the Department of Labor, War Invalids and Social Affairs
- Three recent passport-sized photos (bare head, face-to-face, face and ear, no glasses, white background, and within the last 6 months from the date foreigner applies. work permit)
Note: All documents provided by the competent authority of the country where the foreigner resides must be certified by the Ministry of Foreign Affairs or the Native Notary Office before legalizing the consulate or embassy. Vietnamese shops in foreign countries where foreigners reside
Recovery of labor papers, the expulsion of foreign workers
Revoke work permits
- The work permit expires.
- The work permit is revoked due to the failure of the employer or the foreign worker to comply with the provisions of this Decree.
- Procedures for revoking work permits
- In case the work permit expires, the employer shall revoke the work permit of the foreign worker and return it to the Department of Labor, War Invalids and Social Affairs that issued the work permit;
- For cases of law violation, the Director of the Department of Labor – Invalids and Social Affairs has issued a work permit decision to revoke and notify the employer to revoke the work permit. foreign workers and send them back to the Department of Labor, War Invalids and Social Affairs;
- The Department of Labor – Invalids and Social Affairs has written confirmation of revocation of the work permit for the employer.
Expulsion of foreign workers
- Foreign workers in Vietnam who do not have a work permit or a written certification of their exemption from a work permit as prescribed will be expelled according to the provisions of Vietnamese law.
- Within 15 working days from the date of certification of a foreigner working in Vietnam without a work permit, the Service of Labor, War Invalids, and Social Affairs shall request the police officer to export the worker. That foreign movement.