Procedure for issuing the work permit
PROCEDURE FOR ISSUING THE WORK PERMIT
The Vietnam economy is now growing fast, so as the need of using high quality labor. When Vietnamese labor don’t meet this urgent need, many companies dicide to use foreign workers. However, in order to be able to work in Vietnam, the foreign worker must be issued a work permit in accordance with the law.
To be issued a work permit, in addition to conditions which are capability of civil acts, suitable health for job and not a criminal or liable to criminal prosecution, the foreign worker must be a manager, executive officer, expert, or technician and the employment of the foreign worker is approved in writing by a competent authority.
The current labour law regulations that the employer, not the foreign employee, has responsible to file an application for issuance of work permit. But before filing the application, the employer has to send a report about the needs of using foreign workers for positions which Vietnamese worker can not afford to the Chairman of provincial People’s Committee where the worker attends to work. The Chairman of provincial People’s Committee has a written acceptance for using foreign worker for each position.
The applications for issuance of work permit must be submitted to the Department Labor, War Invalids and Social Affairs at least 15 working days before the foreign worker starts to work, including these documents:
1. The written request for the work permit made by the employer in accordance with regulations of the Ministry of Labor, War Invalids and Social Affairs.
2. The health certificate issued by a competent foreign or Vietnam health organization (valid for 12 months).
3. Judicial record in accordance with the law (issued within 6 month from the issuance date to the application date).
4. Proof showing he/she as a manager, executive, expert or technician.
5. The written approval for employment of foreign workers given by the President of the People’s Committee of the province.
6. 02 color pictures (4 x 6 cm, no glasses, white background) (taken within the previous 06 months).
7. The copy of the passport or an equivalent paper (unexpired).
8. Other papers related to the foreign workers.
These papers mentioned above are 01 original or 01 copy; Foreign documents must be consular legalization, translated into Vietnamese and authenticated in accordance with Vietnam’s law.
The Department Labor, War Invalids and Social Affairs must issues a work permit for the foreign worker within 07 working days from the date of receipt of the application. In case it can not issue the work permit, a clear answer in writting will be send.
The duration of a work permit is equal to the duration of each curriculums in accordance with the law but it shall not exceed 02 years.
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Cases of foreign workers exempted from Vietnam work permit: - Contributing member, or owners of limited liability company. - Member of the Board of Directors of the Joint Stock Company - Head of Representative Office, project of international organization, non-governmental organizations in Vietnam. - Coming to Vietnam with a period of less than 03 months to offer services - Coming to Vietnam with a period of less than 03 months to handle the problem, technical situation and complex technology arising that affect or threaten to affect the production and business that the Vietnamese and foreign experts currently in Vietnam cannot be handled. - Foreign lawyer who has been licensed to practice law in Vietnam under the Law on Lawyers - Under the provisions of international agreement in which the Socialist Republic of Vietnam is a member. - Students who are studying and working in Vietnam, but the employer must give a notice 07 days in advance to the provincial state management agency on labor. - Other cases of foreign workers exempt from work permits, including: - Foreign workers who are internally transferred within an enterprise operating in the 11 service sectors in the list of Viet Nam’s commitments on services to the World Trade Organization, including: business, communication, construction, distribution, education , environment, finance, healthcare, tourism, cultural entertainment and transport; - Foreign workers entering Viet Nam to provide advisory services and technical expertise or perform other tasks serving research, construction, appraisal, monitoring and evaluation, management and implementation of programs/projects funded with official development assistance (ODA) as specified and agreed in international agreements on ODA between competent authorities of Viet Nam and other countries; - Foreign workers who are issued with a license for the practice of journalism in Viet Nam by the Ministry of Foreign Affairs in accordance with the law; - Foreign workers who are teachers of foreign organizations that are sent to Viet Nam by such organizations to teach and research in international schools under the management of foreign diplomatic missions or international organizations in Viet Nam or permitted by the Ministry of Education and Training to teach and research in Viet Nam’s education and training institutions; - Volunteers certified by foreign diplomatic missions or international organizations in Viet Nam; - Foreign workers coming to Viet Nam to work as experts, managers, executive directors or technical employees with a period of less than 30 days and no more than 90 cumulative days in 01 years; - Foreign workers entering Viet Nam to implement international agreements to which central and local state agencies are signatories as prescribed by the law; - Students studying in foreign schools and institutions having agreements on internship in agencies, organizations and enterprises in Viet Nam; - Family members of diplomatic agents of foreign diplomatic missions in Viet Nam permitted for working by the Ministry of Foreign Affairs, except where international treaties to which the Socialist Republic of Viet Nam is a signatory that contains provisions different from this; - Foreign workers who have official passports to work for state agencies, social organizations and socio-political organizations; - Other cases decided by the Prime Minister at the proposal of the Ministry of Labor, Invalids and Social Affairs. If the foreign worker is one of these case above, the employer has to file an application for vertification the work permit exemption to the Department Labors, War Invalids and Social Affairs within 07 working days after the worker starts to work. The Department Labors, War Invalids and Social Affairs must send the written vertification to the employer within 03 working days from the date of receipt of the application. In case it can not issue the work permit, a clear answer in writting will be send. |
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