Foreigners working in Vietnam for more than 3 months, without a work permit, will be expelled and enterprises employing workers without work permits will also be fined from VND 1,000,000 to VND 2,000,000 (according to Article 22 – Decree No. 95/2013/ND-CP).
Conditions for granting work permit
Conditions for foreigners to apply for a work permit include:
- Must be at least 18 years old and have full civil act capacity in accordance with Vietnamese laws.
- Being healthy according to the regulations of Minister of Health.
- Having the qualifications, skills, experience and techniques to do the relevant work.
- Having not committed a crime or been prosecuted for criminal liability in accordance with Vietnamese and foreign laws.
- Must be approved in writing by the state agency for the need to employ foreign workers.
Cases subject to application for work permit
According to Article 2 of Decree No. 152/2020/ND-CP, workers who are foreign citizens working in Vietnam must have a work permit. Except for a few cases, the work permit will be exempted according to the laws.
- Performance of employment contracts;
- Intra-company transfer;
- Performing all types of contracts or agreements on economics, commerce, finance, banking, insurance, science and technology, culture, sports, education, vocational training and health;
- Service providers under contracts;
- Offering services;
- Working for a foreign non-governmental organization or an international organization in Vietnam that is permitted to operate in accordance with Vietnamese laws;
- Person responsible for establishing a commercial presence;
- Managers, executive directors, experts, technical workers;
- Participating in the implementation of bidding packages and projects in Vietnam.
Subjects eligible and capable to sponsor foreign citizens to work in Vietnam
- Enterprises operating under the Enterprise Law, Investment Law or international treaties to which the Socialist Republic of Vietnam is a member;
- Contractors participating in bids and performing contracts;
- Representative offices, branches of enterprises, agencies and organizations permitted to be established by competent authorities;
- State agencies, political organizations, socio-political organizations, socio-political-vocational organizations, social organizations, socio-vocational organizations;
- Foreign non-governmental organizations that are granted registration certificates by Vietnamese competent agencies in accordance with Vietnamese laws;
- Non-business organizations and educational institutions established in accordance with laws;
- International organizations, offices of foreign projects in Vietnam; agencies and organizations that are permitted by the Government, the Prime Minister, ministries and departments to establish and operate in accordance with laws;
- Operation offices of foreign investors in business cooperation contracts or foreign contractors that are registered to operate in accordance with laws;
- Law organizations in Vietnam in accordance with the laws;
- Cooperatives and unions of cooperatives established and operating under the Law on Cooperatives;
- Business households and individuals allowed to do business in accordance with the laws.
Procedures and documents to apply for work permits for foreigners
To apply for work permits, enterprises need to follow 2 important steps sequentially: Registering the needs to employ foreign workers with the competent authorities and Submitting applications for work permits at the state competent authorities.
Registering the needs to employ foreign workers
Registering for approval to employ foreign workers is the first important procedure that needs to be done to apply for work permits for foreigners to work legally in Vietnam.
At least 30 days before the expected date of employment of foreign workers, the employer (except for the contractor) is responsible for determining the need to employ foreign workers for each job position for which Vietnamese workers have not met its requirements and report to the Ministry of Labor, Invalids and Social Affairs or the People’s Committees of the provinces and municipalities where the foreign workers are expected to work.
During the performance process, if there are any changes in the need for employing foreign workers, the employer must report to the Ministry of Labor, Invalids and Social Affairs or the provincial People’s Committees at least 30 days in advance from the expected date of employment of foreign workers.
Documents of application for approval to employ foreign workers include:
- True copy of Business Registration Certificate
- Registration letter of recruitment need according to the form.
- Letter of introduction/authorization letter (if the person submitting the application is not the legal representative of the enterprise).
The processing time for approval is 10 working days, excluding Saturdays, Sundays and public holidays.
Documents of application for work permit in Vietnam
At least 15 days before the date the foreign worker is expected to start working in Vietnam. The application for work permit shall be submitted to the Ministry of Labor, Invalids and Social Affairs or the Department of Labor, Invalids and Social Affairs where the foreign worker is expected to work.
The set of documents of application for work permit for foreigners must include the following basic documents:
- Valid passport as prescribed (notarized copy).
- Criminal record certificate No. 1 (written certificate of no criminal record).
- Medical examination certificate or health certificate issued by foreign or Vietnamese medical agencies or organizations.
- Documents and papers proving that the applicant is a manager, executive director, expert or technical worker.
- 4*6cm photo, white background and taken not over 6 months ago.
- Documents related to foreign workers.
- Application form for work permit.
- Written approval for the need to employ foreigners (stated above).
You can call 1900 6654 or 0906 736 788 for more information about the service of granting new work permits for foreigners.
Notes when applying for work permit
According to regulations, if the above documents are foreign, they must be consularly legalized (except for cases exempted from consular legalization under international treaties to which the Socialist Republic of Vietnam and the foreign countries concerned are members or according to the principle of reciprocity or in accordance with regulations);
And must be translated into Vietnamese and certified according to the provisions of Vietnamese laws.
Where to submit the application for work permit?
If the enterprise is located in an industrial park, an economic-technical zone, etc., the application shall be submitted to the Management Board of the industrial park, export processing zone, etc., where the enterprise’s head office is located.
If the enterprise is located outside the industrial park or export processing zone, the application shall be submitted to the provincial Department of Labor, Invalids and Social Affairs.
Particularly, for cases of foreigners working for non-governmental organizations, international organizations, associations, etc., according to the provisions of Clause 1, Article 3 of the Circular No. 40/2016/TT-BLDTBXH, the applications for work permits must be submitted to the Department of Employment - Ministry of Labor, Invalids and Social Affairs.
Classification of work permits
Vietnam work permits for foreign citizens include 4 types: granting of new work permits, renewal of work permits, re-granting of work permits and exemption of work permits.
Granting of new work permits:
- The workers have never had work permits.
- The workers have valid work permits and work for another employer and in the same job position.
- The workers have valid work permits and work for the previous employer but in different job position.
- The workers have expired work permits and want to continue working in the same position.
- Foreign workers have been granted work permits but the remaining term of the granted work permits is at least 05 days but not more than 45 days, the work permits are required to be renewed for the foreign workers to continue working legally in Vietnam.
- According to the latest regulations, renewal of work permits can only be done once with a maximum extension period of 2 years. After 05 working days after submission of the work permit renewal applications, the employer will receive the renewed work permits.
Re-granting of work permits:
The valid work permits are lost, damaged or the contents of the work permits are changed, except for special cases. The remaining term of the work permits is at least 5 days but not more than 45 days.
The work permit is re-granted with the term equal to the term of the granted work permit minus the time the foreign worker has worked up to the time of application for re-granting of the work permit.
The employer will receive a re-granted work permit or a written re-granting refusal with reasons within 03 working days from the date of receipt of a complete application for a work permit re-granting.
Exemption of work permits:
Not subject to work permit granting: According to Article 7 of Decree No. 152/2020/ND-CP, there are many cases where work permits are exempted, but the foreign workers are required to carry out certification procedures with the Department of Labor, Invalids and Social Affairs.
Within 05 working days from the date of submission of complete application, the employer will receive a certificate of work permit exemption for foreign workers.
Why shouldn’t you apply for work permit yourself?
Many enterprises use work permit services because they have difficulties and problems related to work permit procedures and documents for foreigners.
- Work permit is a complicated document, requiring many complicated documents and papers.
- Regulations on work permits change frequently, requiring a thorough understanding of the laws.
- When submitting your application, you must prepare carefully and have a reasonable explanation with the state officials about your application.
Work permit service in Nhi Gia?
To help customers and enterprises reduce complicated administrative procedures, Nhi Gia offers a full package of work permit services with the commitment:
- Highest approval rate with more than 15 years of work permit application experience.
- Trusted by large and reputable domestic and foreign customers and enterprises.
- Always calculating the costs to save maximum for customers.
- Issuing VAT invoices for the right services and keeping all businesses and foreigners’ information confidential.
- Simple working process, saving customers’ time and effort.
- Supporting businesses after they obtain work permits:
- Consulting on temporary residence.
- Notifying when the work permits are about to expire.
- Supporting in making reports, employment contracts and submitting them to relevant agencies.
Frequently asked questions about work permits
Nhi Gia would like to summarize some frequently asked questions from customers when they apply for work permits.
Question – How long is the period of the granted work permits?
Answer – The granted work permits have a period of not over 2 years. However, depending on the agreement between the foreign worker and the foreign employer, the period of the work permits will vary from case to case.
Question – How long does it take to obtain work permits?
Answer - In about 05 working days (excluding holidays and leave days) there will be results of work permit application.
Question – How much is the work permit application fee?
Answer – Depending on the locality where foreigners apply for work permits, the fee for making work permits will be different.
For example, the state fee for applying for a new work permit in Hanoi is VND 400,000; while in Ho Chi Minh City, the fee for applying for a new work permit is VND 600,000/work permit. State fees may vary according to specific regulations. Currently, the highest state fee for applying for a new permit is VND 1,000,000 in Lam Dong.
However, foreigners will not have to pay the work permit application fee. This fee and the procedures for applying for work permits will be paid and prepared by the foreign enterprises or employers.
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For more information on work permits and related procedures, please call Nhi Gia directly at hotline: 1900 6654 for the fastest advice and support.