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Process of granting work permits for foreigners in Vietnam

Date : 2020-11-07

The demand for foreign workers has become popular thanks to the increase in foreign investment projects in Vietnam, the demand for services provided by foreign enterprises and the signing of national treaties. Free trade economy such as WTO, ASEAN ... The following article gives an overview of the conditions and procedures for businesses and organizations wishing to employ foreign workers who wish to apply for a work permit.

Employees need to meet the following conditions to work in Vietnam:

Having full civil act capacity;

Having professional qualifications, skills and health suitable to the job requirements;

Not being a criminal or prosecuted for criminal liability according to the provisions of Vietnamese law and foreign law;

Having a work permit issued by a competent state agency of Vietnam (except for the case ineligible for a work permit as prescribed by the Labor Code)

The issuance of foreign work permits is applicable to foreigners working in Vietnam, specifically including the following subjects:

Performance of labor contracts;

Intra-corporate transitions;

Performing types of contracts or agreements on economic, commercial, financial, banking, insurance, scientific and technical, cultural, sports, education, vocational education and health;

Contractual service provider;

Offering services;

Working for foreign non-governmental organizations, international organizations in Vietnam licensed to operate under the provisions of Vietnamese law;

Volunteers;

The person responsible for establishing a commercial presence;

Managers, executive directors, experts, technical workers;

Participate in the implementation of bidding packages and projects in Vietnam.

Procedures for applying for a work permit for foreigners in Vietnam:

Step 1. Apply for approval for the demand for foreign workers.

At least 30 days before the intended date of employment of the foreign worker, the employer (excluding the contractor) shall send a report explaining the need to employ foreign workers to the Ministry of Labor - Invalids and Social or Chairman of the provincial People's Committee.

Under the new regulation from Circular 23/2017 / TT-BLDTBXH effective from October 2, 2017, employers can also submit this declaration and report through the web portal. only http://dvc.vieclamvietnam.gov.vn. The procedure is as follows:

The employer registers an account at the above web portal and submits the application with the established account, within at least 20 days prior to the expected date of employment of the foreign worker;

Within 12 days from the date of receipt of the valid declaration and explanation of demand for foreign workers, the approving agency will send the results via email to the employer. If the submitted dossier is not valid, the approving agency will issue a correction notice.

After obtaining the approval of the employment of a foreign worker, the employer shall submit the original application directly or by post to the approval agency. Within 08 hours, the agency receives the original of the dossier, the approving agency will return the original of the approval results to the employer.

The dossier includes: A report form explaining the need to use foreign workers (according to form 40/2106 / TT-BLDTBXH).

Step 2. Apply for a work permit for the foreigner

Records need to prepare:

Written request for work permit;

Health certificate or health certificate issued by a competent medical organization in Vietnam (must be valid for less than 12 months by the date of application);

Judicial records are issued within 6 months from the date of filing;

Documents proving the qualifications suitable for the job as a manager, executive director, expert or technical worker: degrees, confirmation of experience from other companies ...;

Certified copy of passport;

In addition, for industries and occupations with special requirements (soccer players, pilots, aircraft maintenance) or cases of foreign workers providing services or performing contracts, offering services ... in Vietnam, the application file will include other documents as required by law.

Similar to the application for approval, the employer is also allowed to submit the application directly to the approval agency or through the web portal http://dvc.vieclamvietnam.gov.vn.

Time limit for issuance of work permits for foreigners:

Submit directly to the competent authority: 07 working days from the date of receipt of a valid application.

Submit the application online, the deadline for returning the results is 05 days. The approving agency will issue a work permit if the dossier is valid or issue a notice to correct the dossier if there is an error. After receiving the work permit via email, the employer will submit the original application file to the licensing agency and receive the original work permit.

Note: Foreigner's papers need to be consularly legalized, translated into Vietnamese and notarized or authenticated before submitting.

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