Issue 040921 – Guideline for applying Vietnam work permit for foreigners

Entities that can sponsor a work permit for foreign employees include:

• • Enterprises operating in accordance with the Law on Enterprises, the Law on Investment or international treaties to which the Socialist Republic of Vietnam is a signatory;
  • Bidders making bids or performing contracts;
  • Representative offices, branches of enterprises, agencies or organizations licensed by the competent authorities;
  • Regulatory agencies, political organizations, socio political organizations, sociopolitical professional organizations, social organizations or socio-professional organizations;
  • Foreign non-governmental organizations licensed by competent authorities in Vietnam in accordance with the Vietnamese laws;
  • Public sector entities, educational institutions established as per the law;
  • International organizations, offices of foreign projects in Vietnam; agencies and organizations licensed by the Government, the Prime Minister, ministries or central authorities as per the law;
  • Executive offices of foreign investors in business cooperation contracts or those of foreign contractors awarded operating licenses by the law;
  • Law-practicing organizations in Vietnam as per the law;
  • Cooperatives and cooperative unions established and operated in accordance with the Law on cooperatives; and
  • Household businesses and individuals licensed to do business in accordance with the law.

According to the provisions of Article 151 of the Labor Code, in order to apply for a work permit, a foreign employee must fully satisfy the following conditions:

• • Foreign employee is at last 18 years of age and has full legal capacity;

• • Foreign employee has health condition suitable for the job required;
  • Foreign employee is not serving a sentence; does not have an unspent conviction; is not undergoing criminal prosecution under their home country’s law or Vietnam’s law;
  • Foreign employee is a manager, executive director, expert or technical employee, has all the documents as prescribed in Article 3 of Decree No.152 as follows:
  • For expert: Obtaining at least a bachelor’s degree or equivalent and having at least 03 years of experience in their training field in corresponding with the job position/job assignment that they will be appointed in Vietnam; or Obtaining at least 5 years of experience and a practicing certificate in corresponding with the job position that they will be appointed in Vietnam, consular legalized.
  • Technical employee: having been trained in a technical field or another major for at least 01 year and having worked for at least 03 years in their training field; or obtaining at least 5 years of experience in corresponding with the job position that they will be appointed in Vietnam.
  • Executive, manager: Leading and directly managing affiliated entities of an agency, organization or enterprise.

Procedures for applying for a work permit will be carried out according to the following steps:

Step 1: Apply for Approval of Demand on using foreign employe

At least 30 days before the date on which foreign workers are expected to be employed, the employer shall determine the needs for foreign workers for every job position for which Vietnamese workers are underqualified and send a corresponding report to the Ministry of Labor, War Invalids and Social Affairs or the People’s Committee of province or central-affiliated city where the foreign workers are expected to work.

A dossier includes:

• • Certified copy Enterprise Registration Certificate;
  • Registration letter for recruitment needs:
  • The official according to form 01/PLI issued together with Decree 152, if this is the first time the employer register and is accepted to employ foreign employee; or
  • The official dispatch according to form 02/PLI issued together with Decree 152, if the employer has been approved to use foreign employees but has changed demand.
  • A power of attorney (if the applicant is not the legal representative of the enterprise)

The processing time for approval is 10 working days.

Step 2: Prepare documents for work permit

While waiting for approval at Step 1, the foreign employee and the employer will need to prepare the following document:

• • An application form for certification of exemption from work permit No. 11/PLI Appendix I;
  • Consular legalization and translation of health certification issued by a foreign competent entity or an original health certification issued by a Vietnamese competent health facility within 12 months before the submission date of the application or the certificate as specified in regulations of the Minister of Health;
  • Consular legalization and translation of judicial records issued by a foreign competent entity or an original judicial record issued by a Vietnamese competent entity within 6 months of issuance;
  • Certified copy of valid passport;
  • Documents to certify them as a manager, executive, expert, technical worker, teacher (college degree, documents to certify their working experience of at least 3 years outside of Vietnam, etc). These documents need to get consular legalization and get translated into Vietnamese;
  • 02 photos (4cm x 6cm size, white background, front view, bare head, no color glasses), taken within 6 months before the submission date of application;
  • Documents relevant to the foreign worker (appointment decision of the parent company, labor contract, company charter…).

After receiving a written notice of approval for the position of foreign employee issued under Step 1, the employer will add the original of this document to the application for a work permit to submit, except for the following cases: need not determine the need to use foreign employee.

Step 3: Submit documents to get work permit

At least 15 working days before the day on which a foreign worker starts to work, the applicant shall submit an application for work permit to the Ministry of Labor, War Invalids and Social Affairs or the Department of Labor, War Invalids and Social Affairs of the province where they are expected to work. If the application is complete and valid, the applicant will pay the fee for making a work permit and receive an appointment letter to return the results. If not, the applicant will be instructed to supplement and complete the application. The process for a work permit is usually 5 working days from the date of receipt of a complete application.

Step 4: Get the result

Within 5 working days after receiving a duly completed application, the Ministry of Labor, War Invalids and Social Affairs or Department of Labor, War Invalids and Social Affairs of province where the foreign worker is expected to work shall issue a work permit to the foreign worker, using Form No. 12/PLI Appendix I Decree No.152 appended. The form of work permit shall be solely printed and issued by the Ministry of Labor, War Invalids and Social Affairs. If the application is rejected, a written explanation is required.

For a foreign employee specified in case of performing employment contracts, after the foreign employee receives a work permit, the employer and the foreign employee must sign a written employment contract as per Vietnam’s labor law before the date on which the foreign employee is expected to work.

The validity period of a work permit shall coincide with any of the period/duration below but not exceeding 2 year:

• Validity period of the employment contract to be signed;
• Duration of the foreign worker’s assignment in Vietnam;
• Duration of the contract or agreement concluded between Vietnamese and foreign partners;
• Duration of the service contract or agreement concluded between Vietnamese and foreign partners;
• Duration determined in the document issued by the service provider to send the foreign worker to Vietnam to negotiate the service provision;
• Validity period in the operation license of the agency, organization or enterprise.
• Duration determined in the document issued by the service provider to send the foreign worker to Vietnam to establish a commercial presence;
• Duration stated in a document proving the foreign worker’s eligibility to participate in the operation of a foreign company that has established its commercial presence in Vietnam;
• Duration stated in the acceptance of employment of foreign workers unless a report on demand for foreign workers as specified in point b clause 1 Article 4 Decree No.152 is not required.

Kind regards,

ENT Law LLC

The full version of this Legal Aritcle can be found here.