A work permit is one of the legal conditions allowing foreign workers to work in Vietnam, issued by a competent state agency. Foreign workers must present their work permit when requested by a competent state agency. Employers who employ foreign workers to work for them without a work permit will be recognized as a violation.
The maximum term of a work permit is 02 years. In case of extension, it can only be extended once for a maximum period of 02 years. The work permit is invalidated at the end of its term, upon termination of the labor contract, because the content of the labor contract is not consistent with the content of the issued work permit, or because the work is not in accordance with the provisions of the work permit, according to the written notice of the foreign party ceasing to send foreign workers to work in Vietnam or when the work permit is revoked.
Applying and issuing work permits for foreign employees in Vietnam shall be strictly complied on laws and regulations on cases, conditions, documentations.
Since 2020, many employers and foreign employees along with the work permit service agencies in Vietnam have been facing with legal troubles, including investigation, criminal prosecution, revocation of work permit and expulsion… due to illegal applications for work permits.
One of the main reasons that the employers and foreign employees did not understand the legal requirements and trusted some agencies who promised can obtain work permit without legal papers.
Therefore, we would like to remind you to review your work permit application, especially in case you obtained this work permit without legal papers. The advance reviewing can help to identify any potential risks and prevent it may happen.
How to identify your lawful papers and applications, please compare to our standard legal requirements and procedures by laws as follow:
AN APPLICATION FOR THE WORK PERMIT CONSISTS OF:
1. The written request for the work permit made by the employer in accordance with regulations of the Ministry of Labor, War Invalids and Social Affairs.
2. The health certificate or report on medical examination which is issued by the foreign or Vietnamese authorized health organizations or agencies and takes effect within 12 months from the signing date of conclusion of health status to the date of application.
3. The criminal record or written certification that the foreign worker is not a criminal or liable to criminal prosecution issued by the foreign competent authority. If the foreign worker is a lawful resident in Vietnam, only the criminal record issued by the Vietnamese competent authority is required.
The criminal record or written certification that the foreign worker is not a criminal or liable to criminal prosecution must be issued within 06 months prior to the submission of the application.
4. The written certification that the worker is a manager, chief executive officer, expert or technician. For some jobs and works, the written certification of the qualification of the foreign worker can be replaced with one of the following papers:
- Certificate of recognition which is issued by the competent authority of the foreign country if the worker is an artist in the traditional professions;
- The documents proving experience of foreign soccer players;
- The pilot license issued by a Vietnamese competent authority to the foreign pilot;
- The license for airplane maintenance issued by a Vietnam’s competent authority to the foreign worker who works in airplane maintenance industry.
5. 02 color pictures (4cm x 6cm, white background, frontal face, bareheaded and no colorful glasses) that are taken within 06 months ahead of the date of application.
6. Certified copy of passport or a substitute for passport or other license for international travel which is unexpired in accordance with the law.
7. Other documents related to the foreign workers include:
- The foreign workers regulated in case of company’s internal reassignments must have papers of the foreign enterprise showing that they are appoint to work at the commercial presence of such foreign enterprise in Vietnam and the papers proving that they have been employed by such foreign enterprise for at least 12 months before they are appointed to work in Vietnam;
- The foreign workers regulated in Point c Clause 1 Article 2 herein must have contracts or agreements sign by the Vietnamese partner and the foreign partner, including the agreements on sending foreign workers to work in Vietnam;
- The foreign workers regulated in enforcing contracts or agreements on business, commerce, finance, banking, insurance, science and technology, culture, sports, education, vocational training and health must have service contracts signed by the Vietnamese partner and the foreign partner and the papers proving that the foreign workers have worked for the foreign enterprise without commercial presence in Vietnam for at least 02 years
- The foreign workers regulated in case providing services under contracts must have the papers made by the service provider proving that the foreign workers are appointed to Vietnam to negotiate the service supply;
- The foreign workers working for foreign non-governmental organizations or international organizations in Vietnam that have been granted with operating licenses in accordance with the Vietnam law must have certificates issued by the foreign non-governmental organization or international organization that has been granted with operating license in accordance with the Vietnam law;
- The foreign workers taking charge of establishing the commercial presence must have the paper made by the service provider who appoints such foreign workers to Vietnam to establish its commercial presence;
- The foreign workers as managers, chief executive officers, experts, technicians, who participate in the operation of the foreign enterprise that has established its commercial presence in Vietnam, must have papers proving the foreign workers’ eligibility to participate in operation of such foreign enterprise.
8. The application for the work permit in a certain special case includes:
- If the foreign worker who is the holder of an unexpired work permit wants to enter into the employment contract with another employer at the job position which is the same with that defined in his work permit in accordance with the law.
- If the foreign worker who is the holder of an unexpired work permit wants to hold another job position which is different from that defined in his work permit in accordance with the law but the employer is unchanged.
- If the foreign worker whose work permit expires as regulated in Article 174 of the Labor Code wants to continue his employment at the job position which is the same with that defined in his work permit in accordance with the law.
CONSULAR LEGALIZATION AND CERTIFICATION OF DOCUMENTS
- Documents regulated in related included 01 photocopy of each kind enclosed with its original for comparison or 01 certified copy of each kind.
- If the above-mentioned documents are issued by foreign authorities, they must be applied for the consular legalization, except for cases of exemption from the consular legalization as regulated in the international treaties to which the Socialist Republic of Vietnam and relevant foreign country are signatories or in the principle of reciprocity or as regulated by the law; must be translated into Vietnamese and authenticated in accordance with the Vietnam law.
Otherwise applying for a work permit in accordance with regulations, you also need to pay attention to managing other compliance procedures on PIT, compulsory insurance for foreigners to avoid risks in the future.
ABOUT VIVA BUSINESS CONSULTING
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Thanks for consistent of practice expertise in Business laws - Employment relations – Tax and accounting – Corporate finance – Corporate services, VIVA has been successfully providing service for thousands of leading companies in such industries: Garment, energy, pharma, advertising, agricultural…
VIVA keeps its signature by offering one-stop business platform with regard to market entry and the mandatory business compliances. We ensure for our client’s good standing, in lawful and optimal manners whenever they are working and doing business in Vietnam.
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