Work permit

For foreign workers working in Vietnam, foreign individuals are considered illegal workers in Vietnam if he/she does not have Work Permit or written confirmation that they are not subject to Work Permit issuance. For enterprises using foreign workers, complying with regulations on work permit issuance or work permit exemption not only avoids risks from management agencies, but also is the basis to determine costs related to foreign workers (salaries, bonuses, allowances, etc) which are deductible when determining the tax obligations of the enterprise.

Cases requiring Work Permit

The enterprise determines whether the foreign individual expecting to work at his/her enterprise must have a Work Permit. Specifically, the following cases require Work Permit:

Performing the labor contracts;
Moving in the internal enterprise;
Performing contracts or agreements on business, commerce, finance, banking, insurance, science and technology, culture, sports, education, professional education, and health;
Services provider under contracts;
Offering services;
Working for foreign non-governmental organizations or international organizations in Vietnam that have been granted with operating licenses in accordance with the law of Vietnam;
Working as manager, chief executive offices, experts, technicians;
Participating in the performance of bid packages and projects in Vietnam

For the employer, within the scope related to business activities in Vietnam, the following organizations are regarded as having the right to guarantee foreign individial to work in Vietnam: Enterprise; Bidders participating in bids and performing contracts; representative office, branch; non-governmental organization; the executive office of the foreign investor in the business cooperation contract or of the foreign contractor registered to operate in accordance with the law, etc.

Procedures for issuing Work Permit for foreign workers

Process

Detailled description

Step 1

Applying for the Official Dispatch of Approval in employing foreign workers

In fact, it is the result of “Applying for Approval of the Demand for Using the foreign woker”. Accordingly, after choosing a suitable candidate, the enterprise submits dossiers registering the demand for recruiting foreign worker. This dossier shall be submitted at least 15 days before the date on which a foreigner expects to start working in Vietnam.

Within 10 working days from the date of submission of the dossier which explains the demand for using the worker, the enterprise will receive the Official Dispatch of Approval. In case of the refusal, the competent authority will give a written reply specifying the reason for the refusal.

Step 2

Submitting dossier to apply for Work Permit and getting result

After receiving the Official Dispatch of Approval at Step 1, the enterprise shall prepare a dossier to submit to the Ministry of Labor, War Invalids and Social Affairs or the Department of Labor, War Invalids and Social Affairs where foreign worker expects to work. The dossier shall be submitted at least 15 days before the date on which foreign worker expects to work.

Within 05 working days from the date of receiving a complete dossier, the competent state authority shall return the result of the dossier. If the dossier is approved, the enterprise shall receive the Work Permit. On the contrary, in case of the refusal, the competent authority will give a written reply with the specific reason. Based on the rejected reason, the enterprise shall choose a plan to adjust and supplement the dossier in accordance with the regulation.

LIST OF DOCUMENTS

At Step 1, you shall submit the following documents:

A certified copy of Enterprise Registration Certificate;
Official Dispatch explaining the Demand for Using the Foreign Worker;
Written introduction or the Power of Authorization for the applicant (if the applicant is not the legal representative).

At Step 2, you shall submit the following documents:

A written application for a Work Permit;
A Health Certificate or Medical Examination Certificate which is issued by the foreign or Vietnamese competent medical agency and organization is valid for a period of 12 months, from the date of signing health conclusion to the date of submitting the dossier or certificate of sufficient health as prescribed by the Minister of Health;
A Certificate of Criminal Record or document which certifies that foreign worker is not a person who is serving a sentence, or the criminal record has not been expunged or being examined for penal liability issued by foreign country or by Vietnam and shall not exceed 06 months from the date of issuance to the date of submitting the dossier;
Documents and papers proving that he/she is a manager, chief executive officer, expert, technical worker and some specific occupations and jobs;
Color card photos (size 4cm x 6cm, white background, straight face, bare head, no colored glasses), taken within 06 months to the date of submitting the dossier;
An Official Dispatch of Approval of the Demand for Using the Foreign Worker, unless it is necessary to determine the demand for using the foreign worker;
Certified copy of passport or copy of passport with confirmation from the employer is still valid as prescribed by law;
Other documents in correspondence with each purpose for which the worker works in Vietnam (Appointment decisions, Charter of parent company, Labor contract, Service contract, etc).

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COMMITMENT TO SERVICES

On time

All that we do will be planned specifically in terms of time and content. You can control what we do, and the time to completion, and in all cases, we help you maintain the enterprise’s compliance with the deadlines with competent authorities and employees.

Exactly

We commit to the accuracy of the contents of consultation, established documents, and services we provide to customers. We aim to provide you with a safe and effective legal solution for your business operations.

Security

We establish a confidentiality commitment with you, so information about the enterprise, human resources, finance, etc., and other contents related to enterprises and investors will only be disclosed with your consent or in accordance with the laws of Vietnam.

SERVICE PERFORMANCE PROCESS

Assign

CDLAF assigns designated personnel responsible for ensuring information security, ensuring that only assigned individuals have the right to access information and handle client communication.

Collect information and prepare the service contents

Assigned personnel are responsible for collecting clients information, reviewing regulations and preparing service content.

Control the quality

The Board of Lawyers and Counsels reviews the service content prepared by the assigned personnel before it is sent to clients for their review.

Clients’ approval

Clients review and approve the service content prepared by CDLAF. When requested, meetings are held to explain the prepared content.

Completion

Personnel responsible for service completion directly implement it at the competent authority (if required). They also monitor the progress, report the results, and hand them over to clients.

After-service support

Guide clients to perform necessary tasks related to the delivered results and provide updates on changes in legal regulations.

People

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FAQ QUESTIONS: Work permit

How long is the work permit valid?

The maximum term of a work permit is 02 years. In case of extension, it can only be extended once for a maximum period of 02 years.

In which cases will the Work Permit be revoked?

The Work permit expires in accordance with the provisions of Clauses 1, 2, 3, 4, 5, 6 and 7, Article 156 of the Labor Code.

The employer or foreign employee does not comply with the provisions of this Decree.
Foreign workers do not comply with Vietnamese laws while working in Vietnam, which affects social security, order and safety.

What are the conditions for foreign workers to be allowed to work in Vietnam?

Foreign workers working in Vietnam are people with foreign nationality and must meet the following conditions:

Being 18 years old or older and having full civil capacity;
Having professional qualifications, techniques, skills, and work experience; having good health in accordance with regulations of the Minister of Health;
Not being a person who is serving a sentence or who has not had a criminal record erased or is being prosecuted for criminal liability in accordance with foreign or Vietnamese law;
Having a work permit issued by a competent Vietnamese state agency, except for the cases specified in Article 154 of this Code.

In which cases are foreign investors considered technical workers?

Technical workers are foreign workers in one of the following cases:

Having been trained for at least 1 year and having at least 3 years of working experience which is appropriate to the position that foreign workers expect to work in Vietnam.
Having at least 5 years of working experience which is appropriate to the position that foreign workers expect to work in Vietnam.

In which cases can foreign workers come to Vietnam to work as experts?

Experts are foreign workers in one of the following cases:

Having graduated from university or higher or equivalent and having at least 3 years of work experience which is appropriate to the job position that the foreign worker expects to work in Vietnam;
Having at least 5 years of experience and having a practising certificate which is appropriate to the job position that the foreign worker expects to work in Vietnam;
Special cases are decided by the Prime Minister at the request of the Ministry of Labor, War Invalids and Social Affairs.