WORK PERMIT 2021

The Labor Code 2019 takes effect from January 1, 2021. So has the Work Permit procedure for foreign employees changed?

 

I. WHO IS GRANTED WORK PERMIT IN VIETNAM

Foreign citizens who come to work in Vietnam in the following forms shall be granted work permits:

1. Performing employment contracts;

2. Performing intra-company transfer program;

3. Performing agreements on business, trade, finance, banking, insurance, science and technology, culture, sports, education, vocational training and health;

4. Providing services under contracts;

5. Offering services;

6. Working for foreign non-governmental organizations or international organizations in Vietnam that have been granted with operating licenses in accordance with the Vietnam law;

7. Working as volunteers;

8. Taking charge of establishing the commercial presence;

9. Working as managers, CEO, experts, technical workers;

10. Performing bidding packages or projects in Vietnam;

11. Accompanying members of foreign representative office in Vietnam who are authorized to work in Vietnam under an international treaty to which the Socialist Republic of Vietnam is a signatory as their relatives.

 

II. PROCESS OF ISSUING WORK PERMITS FOR FOREIGN EMPLOYEES

Step 1: Register the demand to recruit foreign employees

At least 30 days before the intended date of employment of the foreign employees, the employer is responsible for determining the demand for using foreign employees for each job position that the employer expected to use foreign employees.

Dossier includes:

1) The application form

2) POA

Processing time: 15 working days

Step 2: Submit application for work permit

After receiving the approval result in Step 1, at least 15 days before the date the foreign employee is expected to start working in Vietnam, the employer proceeds to submit the application for the Work Permit.

Dossier includes:

1) An application form for a Work Permit.

2) The health certificate

3) Judicial record

4) Documents prove that they are the manager, the CEO, the expert, the technical worker.

 * Documents prove that they are the manager, the CEO:

  • A manager is a manager of an enterprise as prescribed in Clause 24 Article 4 of the Law on Enterprises or is a head or deputy head of an organization.
  • The CEO is the head and directly operates a unit directly under an organization or enterprise.

* Documents prove that they are experts:

  • Have a university degree or equivalent and have at least 3 years of experience working relating to the position that the foreign employee is going to work in Vietnam;
  • Have at least 5 years of experience and have the certificate suitable for the position that the foreign employee is going to work in Vietnam;
  • The special case is decided by the Prime Minister at the request of the Ministry of Labor, War Invalids and Social Affairs.

 * Documents prove that they ar technical labor:

  • Have been trained in technical for at least 01 year and have worked for at least 03 years in the trained discipline;
  • Have at least 5 years of experience in the job appropriate to the position that the foreign employee is going to work in Vietnam;

5) Photos

6) Approval of demand for foreign workers

7) A certified copy of the passport.

8) Other documents relating to the foreign employee

Handling time: 05 working days