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Procedures for granting work permits for Japanese people in Vietnam

Date : 2020-10-30

Below are the procedures to apply for a work permit for Japanese in Vietnam.

I. Legal basis

Labor Code No. 10/2012 / QH13 passed by the National Assembly of the Socialist Republic of Vietnam on June 18, 2012 and takes effect from May 1, 2013.

Decree 102/2013 / ND-CP detailing the implementation of a number of articles of the Labor Code regarding foreign workers in Vietnam, effective from November 1, 2013

Circular No. 03/2014 / TT-BLDTBXH detailing the implementation of Decree 102/2013 / ND-CP detailing the implementation of a number of articles of the Labor Code regarding foreign employees working in Vietnam

II. Procedures and application file for a work permit for Japanese people

1. An application for a work permit for a foreigner according to the regulations of the Ministry of Labor, War Invalids and Social Affairs.

2. Health certificates are issued in foreign countries or in Vietnam according to regulations of the Health Ministry.

3. Judicial record issued in Japan (requires consular legalization) or in Vietnam depending on the case.

4. Written certification of being manager, executive director, expert or technical worker (Consular legalization request)

5. Document of the President of the provincial People's Committee on the approval of the employment of the foreign worker.

6.2 color photos (size 4cm x 6cm, bare head, face-to-face, clear face, clear two ears, no glasses, white background), photos taken within 06 months at the time of application .

7. Copy of the Japanese passport

8. Documents related to the foreign worker:

a) For Japanese workers who move internally within the enterprise, a written document from the foreign enterprise is sent to work in the commercial presence of that foreign enterprise in the territory of Vietnam and supporting documents. the foreign worker has been recruited by that foreign enterprise at least 12 months before working in Vietnam;

b) For Japanese workers Performing contracts or agreements on economy, trade, finance, banking, insurance, science and technology, culture, sports, education, vocational training and health care must have a contract or agreement signed between the Vietnamese partner and the foreign side, which must include an agreement on the foreign workers working in Vietnam;

c) For Japanese workers as the service provider under this contract, there must be a service contract signed between the Vietnamese partner and the foreign side and a document proving that the foreign worker has been working for a foreign enterprise with no commercial presence in Vietnam for at least 2 years;

d) For Japanese workers offering services, there must be a written request from the service provider sending the foreign worker to Vietnam to negotiate on service provision;

dd) For Japanese workers Working for foreign non-governmental organizations, international organizations in Vietnam licensed to operate in accordance with the law of Vietnam must have a certificate of non-governmental organization in Vietnam. outside, international organizations are permitted to operate in accordance with Vietnamese law;

e) For Japanese workers The person responsible for establishing a commercial presence; there must be a document from the service provider sending the foreign worker to Vietnam to establish the commercial presence of the service supplier;

g) For Japanese employees, managers, executive directors, experts, technical workers who participate in the operations of foreign enterprises that have established a commercial presence in Vietnam, the Proof that the foreign worker is allowed to participate in the operation of the foreign enterprise.

The papers under this provision are 01 original or 01 copy.If in a foreign language, they are exempt from consular legalization, but must be translated into Vietnamese and authenticated in accordance with the provisions of Vietnamese law.

III. The sequence of steps to apply for a work permit for Japanese people

1) The employer submits 01 application for a work permit to the Department of Labor, War Invalids and Social Affairs where the head office is located at least 20 working days from the date the Japanese are expected to work.

2) The Department of Labor, Invalids and Social Affairs is responsible for issuing work permits to Japanese people within 15 working days from the date of receipt of complete and valid dossiers. If you do not issue a work permit, you must reply in writing, clearly stating the reason.

3) It is the responsibility of the employer to receive the work permit issued by the Department of Labor, Invalids and Social Affairs and given to the Japanese.

4) After the Japanese are granted a work permit, the employer and the Japanese must conclude a written labor contract in accordance with the Vietnamese labor law, send a copy to the Agency. issued a work permit for Japanese within 5 working days from the date of signing the labor contract;

IV The composition of the application for a work permit for Japanese people

1) Registration form for labor recruitment (Form 1);

2) Judicial record issued by the competent authority of the country in which the Japanese resided before coming to Vietnam.

3) Japanese autobiography with photo (Form 2)

4) Health certificate issued in Japan or issued in Vietnam according to the regulations of the Ministry of Health of Vietnam.

5) A copy of the certificate of professional qualifications and techniques suitable for the expertise, job and requirements of the employer.

6) 03 color photos (3cmx4cm) taken within 6 months from the time of submission.

7) Written request for a work permit by the employer (Form 4)

8) 3 issues of central or local newspapers about the recruitment of Vietnamese workers.

9) Foreign language documents are translated into Vietnamese and notarized.

V. Form of submission

1. Directly at the Department of Labor, Invalids and Social Affairs where the enterprise is located.

2. Number of documents: 2 original sets

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