DOCUMENTS AND PROCEDURES FOR WORK PERMIT VIETNAM 2023

Thursday, 01/06/23

Along with the global trend of integration and development, Vietnam is currently becoming a prospective investment destination for multinational groups. This proves that the country has numerous job opportunities not only for Vietnamese citizens but also for foreigners. Especially, when an foreigner is about to work in Vietnam, it is required for them to prepare documents and be guaranteed by an company in order to apply for a Work Permit. Therefore, most importantly, recruiters and foreign workers need to understand what they need to prepare before planning to work and reside in Vietnam for an temporary period of time. In this article, Visa5.com will introduce to you the necessary documents to be granted a Vietnam work permit under Decree 152/2020/CP effective from February 15, 2021.

I. DOCUMENT FOR A WORK PERMIT IN VIETNAM UNDER DECREE 152/2020/ND-CP

a. Documents preparation:

Job position approval letter;
Written form applying for a work permit from the company (based on Form No. 11 under Decree 152/2020/ND-CP);
Police Clearance Certificate in expat’s home country or Vietnam Criminal Record which is valid within the last 6 months from the date of submitting application;
Health Check-up Certificate which is valid within the last 12 months from the date of submitting application;
Photos size 4x6 cm (be taken with bareheaded, frontal view, showing the face and ears clearly, without glasses, and on a white background and within the last 6 months from the date of submitting application;
Original passport and notarized true copy of it;

b. Additional documents in case expats will work under the Labor Contract
♦ Manager (Legal representative whose name appeared on business lisence)

Documents proving that the expat is a manager, general partner or capital contributor of the company;
Documents proving that the expat is the head, the deputy or executive director in accordance with the company's regulations.

♦ Expert

Bachelor or Master’s degree with faculty/major relevant to the job position in Vietnam;
Certificate of at least 5 years working experience in a position equivalent to the job position in Vietnam;
Being approved by the Prime Minister based on request of the Ministry of Labor, Invalids and Social Affairs.

♦ Technical worker

Being trained for at least 1 year in a technical or other disciplines and at least 3 years of experience in their training specialty, or;
Certificate of at least 5 years working experience in a position equivalent to the job position in Vietnam;

c. Notes when preparing the application for a Work Permit:

All documents issued by foreign authorities (Degrees, Certificate of Experience, Appointment Letter, Check-up Certificate, Criminal Record, etc.) must be consular legalized and translated into Vietnamese;
In case Managers, Experts, or Technical Workers will work under the form of transfer internally, it is required to provide more additional information:
+ Document shows that overseas Parent Company or organizations is appointing employees to work at the Subsidiary Company in Vietnam;
+ Document proving that the foreign employee has been working in overseas Parent Company for at least 12 consecutive months before moving to work in Vietnam.

II. PROCEDURES FOR ISSUING A WORK PERMIT IN VIETNAM

► Step 1: The employer explains the demand to recruite foreign employees;
► Step 2: The employer applies for a new Work Permit based on the Job Position Approval Letter in Step 1.

III. VIETNAM WORK PERMIT VALIDITY

The duration of a Vietnam Work Permit is clearly stated in Decree 152/2020/CP, which includes 09 cases. However, most work permits are granted for 2 years maximum, based on the period granted in the Job Position Approval Letter.
During the working period, if the company has not found a suitable Vietnamese employee and still expect to continue employing the foreign employee to execute the task, the employer will apply for extension of work permit. This will ensure that foreigners can work legally in compliance with Vietnam legislation.

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DOCUMENTS AND PROCEDURES FOR WORK PERMIT VIETNAM 2023

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