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.
THE NECESSARY DOCUMENTS FOR FOREIGN WORKERS IN VIETNAM
When foreigners working in Vietnam, there are a number of procedures and legal frameworks that must be understood. In this article, we discuss the documents necessary for a foreign worker in Vietnam, including:
- Short-term Business Visas
- Work Permits
- Temporary Residence Cards
CONDITIONS FOR ISSUANCE OF A WORK PERMIT
- There is capacity for civil acts fully in accordance with the law;
- There is health fit with the job requirements;
- Being a manager, executive director, expert or technician;
- Not offenders or being prosecuted for criminal liability in accordance with the law of Viet Nam and foreign law;
- Being approved in writing by the competent State agencies on the use of foreign workers.
THE TERM OF VIETNAM WORK PERMIT
The validity period of a work permit is equal to the duration of one of the following cases as far as those periods are less than 02 years:
- Duration of the labor contract to be signed;
- Duration of assignment in Viet Nam decided by foreign parties;
- Duration of the contract or agreement between Vietnamese and foreign partners;
- Duration of the service contract or agreement between Vietnamese and foreign partners;
- Duration specified in documents of the service provider appointing the foreign worker to come to Viet Nam to negotiate on service provision;
- Duration specified in certificates of foreign non-governmental organizations and international organizations permitted to operate in accordance with the law of Viet Nam;
- Duration specified in documents of the service provider appointing the foreign worker to come to Viet Nam to establish a commercial presence of the service provider;
- Duration specified in documents proving that the foreign worker is permitted to engage in activities of the foreign enterprise which has established a commercial presence in Viet Nam.
PROCEDURE FOR ISSUANCE OF A WORK PERMIT
- At least 30 working days before the date the foreign worker is expected to begin working for the employer, the employer must file an application for issuance of a work permit to the Department Labor - Invalids and Social Affairs where the foreign worker is expected to work.
- Within 07 working days from the date of receipt of an application for issuance of a work permit, the Department of Labor - Invalids and Social Affairs must issue a work permit for the foreign worker using forms the prescribed by the Ministry of Labor - Invalids and Social Affairs. In case a work permit is not granted, it must issue a written reply clearly stating the reason.
- For foreign workers stipulated in Point a, Clause 1 of Article 2 of this Decree, after issuance of a work permit, the employer and the foreign worker must sign a written labor contract in accordance with the labor law of Viet Nam before the expected date he or she starts working 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 Department of Labor - Invalids and Social Affairs which has issued the work permit.
REQUIRED DOCUMENTS FOR APPLYING WORK PERMIT IN VIETNAM
Before at least 30 days since the day foreign labors anticipated to work for employer units (companies, contractors, representative offices,..), these units shall submit documents as requested to grant work permit to Department of Labour, Invalids and Social Welfares at where foreign labor expected to work.
- Request for issuance of a work permit from the employer in accordance with regulations of the Ministry of Labor - Invalids and Social Affairs;
- Health certificate or medical certificate issued by a competent foreign or Vietnamese health care agency or organization valid for 12 months from the date of signing to the application date;
- Foreign Police Clearance Certificate or Vietnam Criminal Record confirming the foreign worker is not an offender or being prosecuted for criminal liability, this document must be issued within 06 months from the issuance date to the application date.
- The written approval of Department of Labor, War Invalids and Social Welfare.
- 2 recent color photos with size 4x6cm (white background, front, bareheaded, without sunglasses), taken within 06 months prior to the application date.
- 2 notarized copies with full pages (the notarization procedure can be made in Vietnam by public notary office within 3 months before the submission date)
- Proof showing he/she as a manager, executive, expert or technician
Foreign managers and executive directors in one of the following cases
- Managers of an enterprise such as the manager of the company or manager of private company, who is either an owner of a private company, a general partner, the Chairpersons of the Board of members, a member of the Board of members, the company's President, the Chairperson of the Board of Directors, a member of the Board of Directors, the Director/General Director, or a person holding another managerial position who is entitled to enter into the company’s transactions on behalf of the company according to the company’s charter, or heads and deputy heads of an agency or a organization;
- Chief Executive Officers who lead and directly operate subsidiary units under agencies, organizations and enterprises.
Foreign experts and Technical workers in one of the following cases
- Having a written document proving him/her as an expert of a foreign agency, organization or enterprise;
- Having a college degree or equivalent or higher qualifications and have at least three-year working experience in the field consistent with the position that the foreign workers are expected to work in Viet Nam; special cases shall be considered and decided by the Prime Minister.
Technical workers: Technical workers who had received technical or other specialized training for least 01 year and worked at least 03 years in the sector of specialized training.
The foreign documents including the Foreign Police Clearance Certificate, health certificates, and certificate of working experiences in foreign languages must be legalized and translated into Vietnamese and certified in accordance with regulations of Vietnam.
WORK PERMIT – EXEMPTED CASES FOR FOREIGNERS
Foreigners enter Vietnam to work are required a work permit, except these following cases:
- Foreigners work in Vietnam shorter than 03 months;
- Foreigners are the members of a limited liability company with two members or more;
- Foreigner who owned a limited liability company with a member (except an authorized representative);
- Foreigners who are the Board of Directors members of the joint-stock company;
- Foreign workers entering Viet Nam to provide services;
- Foreigners enter Vietnam for 03 months to handle emergency problems such as incidents, technical situations, arising complex technologies that affect or likely to affect production, business that Vietnamese experts or foreign experts currently in Vietnam cannot handle. If the time for the said matters is more than 03 months, they have to apply for a work permit.
REVOCATION OF WORK PERMITS, EXPULSION OF FOREIGN WORKERS
Revocation of a work permit
- Work permits lapse.
- Work permits revoked because the employer or the foreign worker does not comply with this Decree.
- Procedure for revocation of a work permit
- For cases of work permits lapse, the employer shall revoke the work permit of the foreign worker to return to the Department of Labor - Invalids and Social Affairs which has issued the work permit;
- For cases break the law, the Director of the Department of Labor - Invalids and Social Affairs which has issued the work permit shall issue a revocation decision and notify the employer to revoke the work permit of the foreign worker and return to the Department of Labor - Invalids and Social Affairs;
- The Department of Labor - Invalids and Social Affairs shall issue a written document confirming revocation of work permit to the employer.
Expulsion of foreign workers
- Foreign workers in Viet Nam without a work permit or written document confirming exemption from work permit as stipulated shall be deported under the Viet Nam law.
- Within 15 working days from the date confirming the foreigner working in Viet Nam without a work permit, the Department of Labor - Invalids and Social Affairs shall request the police department to deport that foreign worker.
OTHER INFORMATION RELATED TO VIETNAM'S WORK PERMIT, VISAS AND TEMPORARY RESIDENCE CARD
For further information please contact:
Discovery Indochina Travel Co., Ltd
5th Floor | Avenis Building | 145 Dien Bien Phu Street, District 1 | Ho Chi Minh City | Vietnam
Tel: 028 39102358 | 028 39102359 Mobile: 0938228856 | 0906640505
www.visa5s.com | www.ditravel.vn | Email: Visa@ditravel.vn