REGULATIONS, PROCEDURES, AND CONDITIONS FOR WORKING PERMIT

( 18/03/2023 - Công ty Luật TNHH SLF )

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REGULATIONS, PROCEDURES, AND CONDITIONS FOR WORKING PERMIT

Definition of Work Permit

A work permit is a document that allows a foreigner to work legally in Vietnam. Foreign workers working for more than 3 months at enterprises in Vietnam are required to apply for a work permit and sign a labor contract.

The work permit is issued by the Department of Labor, War Invalids, and Social Affairs. To apply for a Work Permit, a foreigner must meet all the conditions and procedures in accordance with Vietnamese law.

Foreigners who work in Vietnam but do not have a work permit or work permit exemption certificate, or the validity period has expired may be sanctioned according to immigration law in the form of fines. administrative, deported back to the country, …

Who needs to carry out the procedures for applying for a Work Permit for a foreigner?

Employees being foreign citizens come to work in Vietnam (hereinafter referred to as foreign workers) in the following forms:

  • Performance of labor contracts;
  • Moving within the enterprise;
  • Performing all kinds of contracts or agreements on economy, commerce, finance, banking, insurance, science and technology, culture, sports, education, vocational education, and health;
  • Contracted service providers;
  • Offering services;
  • Working for a foreign non-governmental organization or an international organization in Vietnam that is permitted to operate in accordance with Vietnamese law;
  • Volunteers;
  • The person responsible for establishing a commercial presence;
  • Managers, executives, experts, technical workers;
  • Participating in the implementation of bidding packages and projects in Vietnam;
  • Relatives of members of foreign representative missions in Vietnam are allowed to work in Vietnam according to the provisions of international treaties to which the Socialist Republic of Vietnam is a contracting party.

Enterprises and organizations are guaranteed to issue work permits

  • Enterprises operating under the Enterprise Law, Investment Law, or international treaties to which the Socialist Republic of Vietnam is a signatory;
  • Contractors participating in bids and performing contracts;
  • Representative offices, branches of enterprises, agencies, and organizations licensed to be set up by competent agencies;
  • State agencies, political organizations, socio-political organizations, socio-political-professional organizations, social organizations, socio-professional organizations;
  • A foreign non-governmental organization that is granted a registration certificate by a competent Vietnamese agency in accordance with Vietnamese law;
  • Non-business organizations and educational institutions established in accordance with law;
  • International organizations, offices of foreign projects in Vietnam; agencies and organizations permitted to be established and operated by the Government, Prime Minister, ministries, and branches in accordance with law;
  • The operating office of the foreign investor in the business cooperation contract or of the foreign contractor is registered to operate in accordance with the law;
  • To organize law practice in Vietnam according to the provisions of the law;
  • Cooperatives and unions of cooperatives established and operating under the Law on Cooperatives;
  • Business households and individuals are allowed to conduct business in accordance with the law.

Conditions for obtaining a work permit

To apply for a work permit, a foreign worker must meet the following conditions:

  • Foreign workers must have full civil act capacity as prescribed by law.
  • Foreign workers must have health suitable for the job requirements.
  • Foreign workers must not be criminals or be examined for penal liability in accordance with Vietnamese and foreign laws.
  • The foreign worker must be a manager, executive director, specialist or foreign worker technical documents, have all the proofs as prescribed in Article 3 of Decree 152 as follows:
  • For specialist positions:
  • University degree or higher and verification of at least 3 years of working experience in the training major suitable to the job position in which the foreign worker is expected to work in Vietnam.Consular authentication; or
  • Verify the experience of at least 5 years and the practice certificate suitable to the job position that the foreign worker is expected to work in Vietnam, which is consular legalized;

Technical labor:

  • Certificate of training in technical or other majors for at least 1 year and certification of at least 3 years experience in the consular legalized or trained major;
  • Verify that the experience of at least 5 years at the job position is suitable for the position that the foreign worker is expected to work in Vietnam.

Executives, Managers:

  • Decision appoint,
  • Verify that the experience of at least 3 years at the job position is suitable for the job position that the foreign worker is expected to work in Vietnam

Dossier of application for a license

  • A certified true copy of the original Passport with a validity of more than 2 years.
  • 02 new photos 4x6cm with white background, taken within 3 months, without glasses.
  • The employer’s written request for a work permit
  •  A health certificate or medical examination certificate issued by a competent foreign or Vietnamese medical agency or organization is valid for a period of 12 months from the date of signing the health conclusion to the date of submission of the application. profile or certificate of health as prescribed by the Minister of Health.
  • The University degree has been notarized for translation & consular legalization. The degree must be relevant to the position you are applying for at the company or enterprise.
  • Documents and papers certifying experience have been consular legalized.
  • Vietnamese judicial record or foreign criminal record has been notarized in translation.
  • Written approval of the People’s Committee of the Province/City for the enterprise to use foreign workers to work at the Vietnamese company or enterprise.

Service of applying for a work permit at SLF

  • Consult the application for a work permit for each case such as investors, experts, managers, skilled workers, etc.
  • Support urgent cases, urgent handling
  • Sign a specific service contract with the customer
  • Quick advice, professional and experienced consultants in the field of applying for work permits.
  • High rate of applications for work permits

Services related to Work permits for foreigners

  • Service of applying for a new work permit for foreigners
  • Service of applying for replacement of a work permit in case the old work permit is damaged or lost
  • Service of applying for a work permit exemption certificate
  • Work permit extension service

Above is detailed information about consulting services to carry out procedures for applying for a work permit for foreigners SLF sent to customers. If you have any questions or need service advice, please contact SLF for advice and support.

  • Location:

Office: L3.10.06 Landmark 3, Vinhomes Central Park, 208 Nguyen Huu Canh, Ward 22, Binh Thanh District, HCMC. Ho Chi Minh.

  • Mail: slflaw.vn@gmail.com
  • Hotline: (+84) 943 699 456

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