WORK PERMIT FOR FOREIGN INVESTORS IN VIETNAM

Vietnam is increasingly asserting its position as one of the attractive investment destinations in Asia thanks to its dynamic business environment, strong development potential and policies to attract foreign investment. For many investors, a work permit is not only a legal procedure but also the key to directly participating in the process of managing and operating a business.

However, understanding and implementing these regulations correctly often encounters many difficulties due to differences in language, legal systems as well as complex document requirements. To help investors better understand this issue, the following article LawPlus will provide clear information about Work Permit for foreign investors in Vietnam .

1. Regulations on work permits for foreign investors in Vietnam

In order to ensure a balance between attracting foreign resources and protecting domestic labor rights, Vietnamese law requires foreign investors directly involved in the management or operation of enterprises to have a work permit. This is the legal basis for investors to operate legally in Vietnam.

However, there are some specific cases that are exempt from work permits, including:

• Capital contributors or owners of enterprises: Individuals who contribute capital or own enterprises with a structure of two or more members do not need to apply for a work permit.
• Other special cases: For example, foreigners implementing free trade agreements or exempted from licensing according to Government decisions. These cases need to meet specific conditions clearly stipulated in current legal documents.

Determining whether an investor is required to obtain a license requires a thorough understanding of the law and consultation with experts to ensure compliance.

2. Procedures for applying for work permits for foreign investors in Vietnam

The process of applying for a work permit is often considered complicated and requires careful preparation, from explaining the need to use foreign labor to completing legal documents. However, with the support of professional units such as LawPlus , this process can become simpler and more effective.

Step 1: Post a job advertisement for foreign workers

Recruitment notices for foreign workers are posted on the Electronic Information Portal of the Ministry of Labor, War Invalids and Social Affairs (Department of Employment) or the Electronic Information Portal of the Employment Service Center by the Chairman of the People’s Committee of the province or centrally-run city.

The recruitment notice content includes: job position and title, job description, quantity, requirements on qualifications, experience, salary, working time and location.

Step 2: Explain the need to use foreign labor

Before applying for a work permit, the enterprise must explain to the competent authority the reasons and necessity of employing foreign workers. This includes:

• Determine job position: Clarify the role and function that the foreign investor will undertake.
• Demonstrate necessity: Provide documentation showing that the job position cannot be filled by Vietnamese workers, such as requiring high expertise or international experience.
• Prepare documents: Documents must be complete and accurate, including:
  • Application for work permit.
  • Certificate of investment registration.
  • Copy of valid passport and visa.
  • Degrees and certificates related to expertise.
  • Employment contract (if any).
  • Other additional documents as required by locality or sector.

Step 3: Granting work permit

After preparing all documents, the investor proceeds to:

1. Submit application to competent authority (usually Department of Labor – Invalids and Social Affairs).
2. Review: The application will be reviewed within the specified time. If there are errors or missing information, the competent authority will request additional information.
3. Receive work permit: If the application is valid, the work permit will be issued within 10 – 15 working days.

3. Duration of use of work permit

Work permits issued to foreign investors are valid for a maximum of 02 years and can be renewed once for the same period. Note that the validity of the work permit does not depend on the validity of the passport, which allows for greater flexibility in use.

Investors need to closely monitor the license term to avoid violations or risks related to human resource management.

4. LawPlus – Professional work permit support service

With many years of experience in the field of labor law consultancy, LawPlus is a reliable unit to support foreign investors in applying for work permits. LawPlus ‘s services include:

• Legal advice: Clearly and specifically explain relevant regulations, ensuring customers understand their rights and obligations.
• Complete the dossier: Prepare, check and optimize all dossiers according to legal requirements.
• Client representative: Directly carry out legal procedures at competent authorities, saving time for clients.
• Track progress: Monitor the review process and notify results quickly and promptly.

Benefits of using LawPlus services:

• Minimize errors, ensure valid records the first time.
• Save time and effort for investors.
• Ensure maximum efficiency in granting work permits.

A work permit is not only a mandatory legal requirement but also a factor that helps foreign investors feel secure when participating in business activities in Vietnam. To avoid difficulties in legal procedures, seeking support from professional units such as LawPlus will be the optimal solution, ensuring speed, accuracy and efficiency. Let LawPlus accompany you on your investment journey in Vietnam!