A COMPREHENSIVE GUIDE TO IMPLEMENTATION WORK PERMIT VIETNAM
Friday, 01/12/23
Work permits for foreigners working legally in Vietnam are a type of document that many businesses are interested in when they need to recruit high-quality foreign personnel into the company to undertake important positions at their company. The types of work permit that receive the most attention are usually for positions of Managers, Experts and Technical laborers. So what are the necessary procedures and documents to obtain a legal work permit for these positions for foreigners working in Vietnam? In this article, let's join Visa5s.com to learn in detail the necessary procedures and documents to be granted a Vietnamese work permit according to the latest update from Decree 70/2023/ND-CP effective from September 18, 2023.
DEFINITION OF FOREIGN MANAGEMENT, EXPERT, TECHNICAL LABOR DUE TO DECREE 70-2023/ND-CP
► Definition of Management
- Management cases due to Clause 24, Article 4, Laws on Enterprises including:
+ Owner of private company;
+ General partner, Chairman of the Board of Members, member of the Board of Members, Company President, Chairman of the Board of Directors, members of the Board of Directors, Director or General Director and individuals holding other management positions according to the provisions of the company's charter.
- Management position can also be the head and deputy head of the company or organization.
► Definition of Experts: According to Article 3 of Decree 152/2020/ND-CP and the amended and supplemented provisions at Point a, Clause 1, Article 1 of Decree 70/2023/ND-CP, Experts are defined as following cases:
- Graduated from university or higher or equivalent and have at least 3 years of work experience suitable to the job position that the foreign worker plans to work in Vietnam;
- Have at least 5 years of experience and have a practicing certificate appropriate to the job position that the foreign worker plans to work in Vietnam;
- Special cases decided by the Prime Minister at the request of the Ministry of Labor, Invalids and Social Affairs.
► Definition of Technical laborers: According to Article 6 of Decree 152/2020/ND-CP and the amended and supplemented provisions at Point c, Clause 1, Article 1 of Decree 70/2023/ND-CP, Technical labors are defined as following:
- Be trained for at least 1 year and have at least 3 years of experience appropriate to the job position that the foreign worker plans to work in Vietnam;
- Have at least 5 years of work experience suitable to the job position that the foreign worker plans to work in Vietnam.
PROCEDURE ON GETTING WORK PERMIT NEW ISSUANCE FOR FOREIGN LABOR WORKERS
To apply for a Work Permit (both new issuance or extension), foreign labor workers and their sponsoring company need to go through a procedure with 02 steps as follows:
► Step 1: Applying for a Job position approval letter
- At least 15 days before the expected date of using foreign workers, the Company must submit the application to MOLISA or DOLISA, to explain the need of using foreign labor workers and why Vietnamese labor are not able to meet these requirements from the Company.
- After 10 working days, the MOLISA or DOLISA will review and confirm the job position. If approved, they will issue a document named Job position approval letter.
- Important note from 01 January 2024: Starting from January 1, 2024, the announcement regarding job vacancies will be made on either the website of the Employment Department of the Ministry of Labor, Invalids, and Social Affairs or on the website of the Employment Service Center.
► Step 2: Applying for a Work permit issuance
- At least 15 working days before the date the foreign worker is expected to start working, the Company must apply a work permit application to the MOLISA or DOLISA
- After 05 working days, the MOLISA or DOLISA will review and issue the work permit to the Company. In case a work permit is not issued, there will be a written response clearly stating the reason.
DETAILED GUIDEDANCE ON DOCUMENT CHECKLIST FOR VIETNAM WORK PERMIT ACCORDING TO DECREE 70/2023/ND-CP
► General documents that need to be prepared:
- Job position approval letter;
- Work permit application form (Form No. 11 according to Decree 152/2020/ND-CP);
- Vietnamese criminal record or Foreign criminal record issued by a foreign country that has been consular legalized, issued within 6 months before the date of application;
- Health certificate of fitness to work issued within 12 months before the application submission date;
- 02 color photos (size 4 cm x 6 cm, white background, straight face, bare head, no colored glasses), taken no more than 6 months before the date of application
- Notarized true copy of passport
► Other documents that need to be provided for foreigners working under labor contract:
Group of Manager position
- Company charter or operating regulations of agencies, organizations or enterprises;
- Business registration certificate or establishment certificate or establishment decision or other documents of equivalent legal value;
- Resolution or Appointment Decision of agencies, organizations or enterprises.
Group of Expert position
- University degree or higher degree and Working experience certificate of at least 3 years working appropriate to the expected job position in Vietnam, or;
- Working experience certificate of at least 5 years working and a practicing certificate appropriate to the expected job position in Vietnam
Group of Technical labor position
- Diploma or graduate certificate in at least 01 year studying and Working experience certificate of at least 3 years working appropriate to the expected job position in Vietnam, or;
- Working experience certificate of at least 5 years working suitable to the expected job position in Vietnam.
THINGS TO NOTE WHEN PREPARING YOUR WORK PERMIT APPLICATION DOCUMENT
- All documents issued by foreign governments (diplomas, certificates, experience confirmation, appointment letters, health certificates, criminal records, appointment letters, etc.) must be completed and consular legalized then certified translation into Vietnamese;
- In case Managers, Experts, or Technical Workers intend to get a Vietnam work permit with work form of Internal transfer (moving within the enterprise), they need to provide additional documents:
+ An Appointment letter from overseas parent company to assign their worker to work at their subsidiary company in Vietnam; and
+ An Employment certificate proving that the foreign worker was recruited by that overseas parent company before working in Vietnam for at least 12 consecutive months.
DURATION OF VIETNAM WORK PERMIT
- The initial validity period of a work permit in Vietnam is up to two years. It can be extended for a maximum of two additional years.
- The foreign labor workers can extend the work permit once or twice, depending on their job position:
+ For group of manager position: can be extended once
+ For group of expert and technical worker position: can be extended twice (providing that the foreign labor workers continue working with the same job position and job title stated in their original and first extended work permit.)
Contact Visa5s.com immediately for expert advice and assistance in preparing a comprehensive set of documents that fully comply with all regulations. Don't struggle on your own - let us help you succeed!
OTHER INFORMATION ABOUT VIETNAM VISA, WORK PERMIT, AND TEMPORARY RESIDENCE CARD
CONTACT INFORMATION
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