A foreigner working in Vietnam must be granted a work permit (WP) because this is a legal document allowing them to work legally in Vietnam. With many years of experience in consulting for foreigners living in Vietnam, LawPlus would like to share with you some information about the procedure to apply for a work permit in Vietnam.
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Table of Contents/Mục lục
1. Conditions for foreigners wanting to apply for a work permit in Vietnam
According to Article 151, a foreigner wanting to apply for WP in Vietnam must meet these conditions:
– Being 18 years or older and have full civil act capacity;
– Having professional qualifications, techniques, skills, and working experience; being healthy as prescribed by the Minister of Health;
– Not being a person who is currently serving a sentence or has not yet had his/her criminal record cleared or being examined for penal liability by foreign or Vietnamese law.
2. Procedure for applying for a work permit in Vietnam
Procedures for applying for a work permit are carried out through two main steps:
– Step 1: Apply for the approval of the position using foreign workers
At this step, the applicant needs to fill in the form with the foreigner’s personal information, experience, and working history and attach other documents. Then, proceed to apply directly at the Department of Labor, Invalids, and Social Affairs. Fast or slow processing time will depend on the content of the declaration for the review agency to approve or request additional documents.
– Step 2: Apply for a work permit
After receiving the approval notice, the applicant continues to compile the necessary documents to apply for a work permit and submit it to the Department of Labor, War Invalids, and Social Affairs. Processing time takes 7 to 10 working days from the date of receipt of a complete application.
3. Noteworthy points for foreigners who want to obtain a work permit
Vietnam currently recovering fast after the Covid-19 pandemic, during the time of practicing, LawPlus found that lots of our clients have been facing difficulty when they obtain the Work Permit to legally work in Vietnam. Thus, LawPlus is pleased to share 03 notes that foreigners should know before implementing the procedures.
3.1. Time to submit a document
First of all, the time limit for submitting a written application for .approval of the position of using foreign workers is 30 days. Accordingly, the employer needs to estimate the position of the foreign worker .and submit an application to the Department of Labor, Invalids and Social Affairs (DOLISA). Also, at least 15 days before the date you plan to work for a company, .you should submit or ask the employer to submit the approval for hiring you to the local DOLISA. In the application, we suggest the employer clarify detail about your role and explain why they can or not use local employees to minimize the rate that the Dossier be refused by the DOLISA.
3.2. Special requirements for each position
Understand the position and its Job Description as well as your degree/qualification and working experience that matches the position. According to the new regulations under Decree 152/2020/ND-CP on the management of foreign workers working in Vietnam, foreigners in addition to work experience must require additional qualifications relevant to the position they are applying for. ants. For example: If you apply for the WP as an expert, you shall prepare a degree/qualification and the confirmation of experience from at least 3 years of experience for a position. Provided that, there are documents that were issued aboard, they shall be legalized and translated into Vietnam and then certified.
3.3. To proceed with submitting
Last but not least, currently, to submit the dossier for the WP, .you shall submit the scan file in the color of all documents online via National Portal, .after getting the File Number, you shall submit the exact file to DOLISA directly. In case the application submitted through the national portal is not valid,. you will receive a notice to resubmit your application. At that time, you need to adjust the time stated on the work permit application. Note, the end date of the work permit may be the same or .earlier than the end date of the approval notice.
Above are notable information related to the procedure for applying for a work permit for foreigners in Vietnam. For any questions related to this issue, client can contact us via hotline 02862 779 399, 03939 30522 or email info@lawplus.vn for advice and answers from the LawPlus team.