APPLICATION PROCESS FOR FOREIGN LABOR WORK PERMIT

When employing foreign workers, businesses must secure a foreign labor work permit. Wondering about the necessary documents and procedural steps? LawPlus is poised to tackle these inquiries in the upcoming article.

1. Role of Work Permit for Foreign Employees

Foreign employees enjoy residency rights, necessitating them to obtain a temporary residence card in lieu of a visa each time they enter or exit Vietnam.

Legally, the work permit serves as a tool to safeguard the rights of foreign workers while employed in Vietnam.

2. Document Checklist for Work Permit Application for Foreign Employees

• Passport or equivalent valid documents.
• Passport-sized photos (4 x 6 cm, white background, and taken recently).
• Letter requesting the issuance of the work permit in the prescribed form.
• Official letter recruiting foreign labor.
• Judicial record (both in Vietnam and abroad).
• Relevant diplomas and work experience confirmation.
• Health examination certificate from designated hospitals under Circular 14/2013/TT-BYT of the Ministry of Health.
• Copy of the business license.
• Employment contract.

Note: Foreign-language documents for work permit application must be legalized by the consulate and translated, notarized into Vietnamese.

3. Procedure for Submitting Work Permit Application

• Step 1: Submit a letter approving the need for employing foreign labor. Businesses/organizations submit an explanatory document to the provincial/city People’s Committee where the foreigner and the business register their operations.
• Step 2: Prepare documents for the work permit.
• Step 3: Submit the work permit application for foreign employees. Applicants submit completed applications to the Department of Labor, Invalids, and Social Affairs in provinces/cities.
• Step 4: Wait for the application review and receive the work permit result.

4. Work Permit Application Fee

The work permit issuance fee for foreign employees working in Vietnam is determined by the People’s Council at the provincial level, according to Article 3 of Circular 85/2019/TT-BTC. Therefore, the fee may vary depending on the specific locality.

5. Processing Time for Work Permit Approval

Within 21 days from the date the competent authority receives a complete work permit application and an explanatory report on the need for foreign labor, applicants will receive the result via email. They will request corrections and additions for incomplete or invalid applications.

Upon receiving approval for foreign labor use, the employer can submit the documents directly or by mail to the competent authority. Within approximately 8 days, the applicant will receive the original approval for foreign labor use.

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