PROCEDURES FOR GRANTING WORK PERMITS FOR FOREIGN WORKERS WORKING IN VIETNAM

You want to apply for a work permit in Vietnam. The following article outlines the conditions and procedures for businesses and organizations wishing to employ foreign workers wishing to apply for a work permit.

I. Legal workers who meet the following conditions to be granted a work permit in Vietnam:

– Having full civil act capacity as prescribed by law.

– Having good health in accordance with job requirements.

– Being a manager, executive director, expert or technical worker.

– Not being an offender or being examined for penal liability in accordance with the laws of Vietnam and foreign laws.

– Being approved in writing by the Ministry of Labor, War Invalids and Social Affairs on the employment of foreign workers.

II. Procedures for applying for a work permit for foreigners in Vietnam:

Step 1 : The employer conducts the explanation of the demand for foreign labor.

Competent agencies: Department of Labor, War Invalids and Social Affairs of provinces / cities or provincial / municipal People’s Committees.

Processing time: 15 working days from the date of receipt of complete and valid file required.

Step 2 : Submit the application for a work permit for foreign workers to the licensing authority.

Profile include:

– Application form for a work permit.

– A health certificate or health certificate issued by an authorized foreign or Vietnamese medical agency or organization.

– A criminal record card or a document certifying that a foreign worker is not an offender or is subject to criminal prosecution for a foreign country.

– Documents proving that they are managers, executives, experts or technical workers.

– 02 color photos (size 4cm x 6cm, white background, straight face, bare head, no colored glasses), photographs taken within 06 months before the date of submission.

– Copy of passport or valuable papers in lieu of passports or valid international travel documents as prescribed by law.

– Other papers related to foreign workers

Step 3 : Sign a written labor contract in accordance with Vietnamese labor laws before the expected date of employment for the employer.

Within 05 working days from the date of signing the labor contract, the employer must send a copy of the signed labor contract to the Ministry of Labor – Invalids and Social Affairs that issued the work permit. there.

Agency authorized : Department of Labor – Invalids and Social Affairs of the province / city

Processing time : 05 working days from the date of receipt of complete and valid file required.

Note when carrying out the procedure for applying for a work permit : Documents issued by foreign countries must be consularly legalized and translated into Vietnamese to be legally used in Vietnam.

Above are some provisions of the law on dossiers and procedures for applying for work permits for foreigners. If you would like to know more details, please contact Law Plus.

Legal basis:

  • Decree 11/2016 / ND-CP
  • Circular 40/2016 / TT-BLĐTBXH
  • Decree 140/2018 / ND-CP
  • Circular 18/2018 / TT-BLĐTBXH

Note: The content of advice and legal provisions referenced in the article is at the time of consulting and may no longer be effective at the time readers read this article. Therefore, for detailed advice and implementation support, please contact  Law Plus  via email  info@lawplus.vn  or phone  +842862779399 .

LawPlus

 

Related:

  1. Granting work permits for foreigners working in Vietnam.
  2. New 10 points for labor contract from 01/01/2021
  3. Handling when employees leave without prior notice 
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