Work permit is a type of permit that proves and allows foreigners to work legally in Vietnam. The information in the Vietnam work permit is quite clear with full information about workers such as the name of the business organization where he/she will work, address, position, title, qualification, and term of work permit, etc. The Work permit in Vietnam has a maximum term of 2 years and can be reissued or extended.
Therefore, in case of change of information in the Work permit such as the sponsor, job position, etc., the foreign worker must be responsible for carrying out the procedures for changing Work permit.
Benefits of Work permits for foreigners:
- Giving them the right to stay in Vietnam for 2 years. After 2 years, the Work permit of foreign worker can be extended with the same maximum term, but it does not include the passport replacement.
- To be entitled to the above-mentioned length of stay, the foreigners must apply for a temporary residence card, only a temporary residence card can replace a visa every time they enter and exit Vietnam.
- Legally, the Work permit is a tool to protect foreigners when they work in Vietnam, or in other words, the employment contract will govern and protect the rights of workers.
In fact, some Vietnamese companies have not yet implemented properly the commitments specified in the employment contracts such as dismissing the foreign workers before the employment contract’s expiration, not paying wages as initial commitments, etc. At such times, Work permit will be their savior. However, the workers must carry out the procedures for paying taxes to the State so that the confirmation of employment experience will be made quickly later.
Requirements to obtain a Work permit
- Having full civil act capacity as prescribed by law.
- Being physically fit in accordance with job requirements.
- Being a manager, executive director, expert, or technical worker.
For foreign workers practicing medical examination and treatment, direct giving medical examination and treatment in Vietnam, or working in the fields of education and vocational training, they must fully meet the conditions prescribed by Vietnamese law on medical examination and treatment, education and vocational training.
- Not being a criminal or being prosecuted for criminal liability in accordance with the laws of Vietnam and foreign laws.
- Being approved in writing by a State authorities having jurisdiction over the employment of foreign workers.
- Note: Currently, there are many foreigners working in Vietnam. They must obtain the Work permit to work legally here. But obtaining this permit is not easy at all; so many people still work illegally. And such act of violation, if detected, will be fined seriously by Vietnamese law. Specifically, foreigners working in Vietnam without the Work permit will be deported and the businesses using workers without Work permit will also be penalized with an amount dozens of times higher than the amount for applying for the Work permit for foreigners.
Subjects of Work permit
The workers are the foreign citizens working in Vietnam in the following forms:
- Performing the employment contracts;
- Mobilizing internally within the enterprise;
- Implementing the contracts or agreements on economy, trade, finance, banking, insurance, science and technology, culture, sports, education, vocational education and health;
- Being service providers under the contracts;
- Offering services;
- Working for foreign non-governmental organizations and international organizations in Vietnam that are permitted to operate in accordance with Vietnamese laws;
- Being volunteers;
- Being the person in charge of establishing a commercial presence;
- Being managers, executive directors, experts, and technical workers;
- Participating in the implementation of bidding packages and projects in Vietnam
How many types of work permit are there?
There are 4 types of Work permit:
* Issuing a new Work permit:
- The worker has never had a work permit.
- The worker has a valid work permit, yet working for another employer in the same position.
- The worker has a valid work permit and works for the same employer, yet in a different position.
- The worker has an expired work permit and still wants to continue working in the same position.
* Renewal of work permits:
- The issued work permit has the validity for at least 05 days, but not more than 45 days.
- The demand for foreign workers is approved by the competent authority.
- Documents proving that the foreign worker will continue working for the employer according to the contents of the issued work permit.
* Reissuing the Work permit:
- A valid work permit is lost, damaged or the information in the work permit is changed, except in special cases.
* Not subject to a work permit: According to Article 7 of the Decree No. 152/2020/ND-CP, there are many cases in which a work permit is exempted, but foreign workers are required to do the confirmation procedures with Department of Labor, Invalids and Social Affairs.
An application for a Work permit includes:
- Notice of approval for the foreign worker’s job position.
- Criminal Record Disclosure (a document certifying that the worker has no criminal record).
- Medical Certificate
- Written confirmation of being manager, executive director, expert, or technical worker.
- Photo 4*6cm.
- Certified copy of passport.
- Application form for a work permit
Why shouldn’t you apply the work permit by yourself?
- Work permitis a complicated document.
- The regulations on Work permitmay change constantly, so it is required to have the knowledge of laws to apply for it.
- When submitting the application, you must prepare carefully and have a reasonable explanation to the State officials about your application.
Why Nhi Gia’s services?
The advantages when you choose Nhi Gia’s services
- We have more than 16 years of experiences in preparing Work permit application
- We are trusted by large and reputable customers.
- We always calculate to give customers the best costs.
- Time-saving and effort-saving for customers.
- We supports you upon obtaining Work permit:
- Consulting in applying for temporary residence.
- Notifying when the work permit is going to expire.
- Supporting in making reports, employment contracts, and submitting them to the relevant agencies.
Our company, with practical experience and professional knowledge, a team of lawyers and legal experts having studied thoroughly the provisions of Vietnamese law on the conditions and procedures for issuing a Work permit, will be a trusted place for you to delegate your work.
Based on the information and documents provided by the customers, we will:
- Giving advices on the current law provisions and necessary documents and papers to prepare
- Preparing the documents, forms, and completed application for customers.
- Submitting the application and working with the competent State authorities on behalf of the customers.
- Settling the arising issues during the implementation of the procedures (if any) and support the customers in the relevant works.
During the performance, in case of arising problems, we will give advices to find the most suitable solutions.
In order not to take too much time in determining the conditions and preparing documents as well as carrying out the process of applying for a work permit, please use our services. We are confident to provide the most prestigious and high-quality service to your valued businesses. Using the legal services of our Company, your requirements will be guaranteed on a solid legal basis.
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