Overview of Work Permit Vietnam 2020 - The Labor Code No. 45/2019/QH14 ("New Labor Code") have been passed by the National Assembly of Vietnam on 20 November 2019 and will take effect from 1 January 2021, some main changes are expected to have a significant impact on enterprises and organizations that recruit foreign labor in Vietnam. The New Labor Code changes the term of Vietnam Work Permits, Work Permits Extensions and Work Permit Exemption Certificate for foreign labor in Vietnam. In particular, the term of Vietnam work permit is limited to a maximum of two years and the work permits can now only be extended once for a further two-year term. Foreign laborers who want to continue working in Vietnam after the expiry of the extended work permit will have to apply for a new work permit.
Under Vietnam labor law, any foreigner must obtain a Work Permit to work legally in Vietnam. There are various types of Work Permit including Work Permit for teachers, workers, legal representatives, directors,… In this article, we will provide the A to Z procedure to help foreign teachers (teaching English, French, Japanese, Chinese,…) apply for and obtain their Work Permit in Vietnam. While other kinds of Work Permit just require University degree as a proof for education background, a professional certificate in teaching is also a must for teaching cases. The government of Vietnam will deport any foreigner who is working in Vietnam without a work permit, or on an expired one. As for employers, an administrative penalty ranging from VND5 million to VND10 million will apply if they fail to, or insufficiently report, any employment of foreigners to the authorized agencies.
Pursuant to the new Decree No 11/2016/ND-CP issued on 3 February 2016 detailing on the implementation of Labor Code regarding to the foreign labor working in Viet Nam, if the current work permit within valid period is lost, damaged or the content of the work permit is changed, foreign workers must apply for a replacement one. The work permit reissued application dossier for foreign nationals must be submitted to the local Department of Labour and Social Welfare at least 5 days but less than 45 days before the expiry date of the current work permit. The government of Vietnam will deport any foreigner who is working in Vietnam without a work permit, or on an expired one. As for employers, an administrative penalty ranging from VND5 million to VND10 million will apply if they fail to, or insufficiently report, any employment of foreigners to the authorized agencies.
Based on Vietnam Labor and Immigration Laws, foreign workers working in Vietnam must process a number of procedures and legal frameworks that must be understood. In this article, we discuss the documents necessary for the foreign labors in Vietnam, including Short-Term Business Visas; Work Permits or Work Permit Exemption and Temporary Residence Cards. The companies seeking to employ foreign nationals, they must apply and get the short-term business approval letter for at least 3 months in advance in order to obtain the Vietnam’s visa, then a recruitment plan by the company must be submitted at least thirty days in advance of the worker's arrival to the provincial Department of Labor, Invalids and Social Affairs (DoLISA). Or where the work permit is not compulsory, a notice must be submitted seven days in advance to the DoLISA prior to working in Vietnam. Currently, Vietnam Authorities are becoming stricter regarding work permits. Those who violate the regulations by working in Vietnam without a work permit may be penalized or, if unable to meet work permit requirements, deported back to their home countries
In most cases, a work permit is required when working in Vietnam for more than three months. The companies seeking to employ foreign nationals, a recruitment plan by the company must be submitted at least thirty days in advance of the worker's arrival to the provincial Department of Labor, Invalids and Social Affairs (DoLISA). Where the work permit is not compulsory, a notice must be submitted seven days in advance to the provincial Department of Labor, Invalids and Social Affairs (DoLISA) prior to working in Vietnam. Currently, work permits for foreigners are valid for a maximum of two (2) years. Authorities are becoming more strict regarding work permits. Those who violate the regulations by working in Vietnam without a work permit may be penalized or, if unable to meet work permit requirements, deported back to their home countries.
Normally, all foreigners looking to perform work in Vietnam are required to obtain a work permit. The foreign workers are allowed to work legally in Vietnam during the period for which the work permit is valid. However, there are a number of exemptions from the work permit requirement depending on your work in Vietnam. If you are in one of these cases, you need to have a certificate explaining that you are not required a work permit to apply for Vietnam Work Permit Exemption. Instead of applying for work permits, foreigners in the exemption cases must submit their application dossier to the Department of Labor, Invalid and Social Affairs of the province or city where they are employed for certification. The new procedures must be completed seven working days prior to the commencement of the foreign worker’s work
Foreigner labors having a valid work permit and continue working for a current company, they must renew the work permit before 45 days period to the expiry date of the current work permit. One of the most important conditions allowing you to apply for work permit renewal is that the information of yourself (full name, passport number,…) and of the sponsored company/ organization must be the same as that of the recent work permit. The work permit extension application dossier for foreign nationals must be submitted to the provincial Department of Labor, Invalids and Social Affairs (DoLISA) at least 5 days but less than 45 days before the expiry date of the current work permit. Vietnam Authorities are becoming stricter regarding work permits. Those who violate the regulations by working in Vietnam without a work permit may be penalized or, if unable to meet work permit requirements, deported back to their home countries.
In order to work legally in Vietnam, foreign labors need to apply for a Vietnamese work permit or work permit exemption certificate from the local labour authorities of the province or city where their employer is located before signing an employment contract. Based on regulations of the current Labor Code, specially the Decree No 11/2016/ND-CP issued on 3 February 2016 and new labor code of Vietnam takes effect from 1 January 2021, all of cases the foreign labors wishing to work in Vietnam must apply for work permit exemption certificates. There are cases of foreign workers exempt from Vietnam work permits: a foreign national married to a Vietnamese citizen exempted from a work permit in Vietnam; Capital-contributing members or owners of limited liability companies; Members of the Board of Directors of joint-stock companies; Chiefs of representative offices and directors of projects of international organizations or non-governmental organizations in Vietnam;
Currently, work permits for foreigners are valid for a maximum of two (2) years. Authorities are becoming more strict regarding work permits. Those who violate the regulations by working in Vietnam without a work permit may be penalized or, if unable to meet work permit requirements, deported back to their home countries. Pursuant to the new Decree No 11/2016/ND-CP issued on 3 February 2016 hereby details on the implementation of Labor Code regarding to the foreign labor working in Viet Nam, if foreign workers plan to continue working in Vietnam and their current work permit’s validity is more than 30 days, they must submit the form for explanation of foreign labor usage plan in advance. In certain circumstances, a second extension to the work permit may be allowed. The work permit extension application dossier must be submitted to the local Department of Labour and Social Welfare at least 5 days but less than 45 days before the expiry date of the current work permit.
Foreign nationals working in Vietnam for less than 30 days and for a total cumulative period not exceeding 90 days per year shall be exempted a Work Permit. Furthermore the work permit exemption certificate is not required in this case. if they plan to work longer than 3 months, they need to apply for the work permit from the local labour authorities of the province or city where their employer is located before signing an employment contract, It is also possible to apply for the work permit in advance of arrival in the country, the employer usually helps organise the application on the employee’s behalf. For companies seeking to employ foreign nationals, a recruitment plan by the company must be submitted at least thirty days in advance of the workers arrival to the provincial Department of Labor, Invalids and Social Affairs (DoLISA). Authorities are becoming more strict regarding work permits. Those who violate the regulations by working in Vietnam without a work permit may be penalized or, if unable to meet work permit requirements, deported back to their home countries.
