20 Jul WORK PERMIT IN VIETNAM – REGULATIONS AND GUIDANCES
Foreigners working in Vietnam shall comply with the local regulations properly. There are regulations on the issuance of work permits in Vietnam and cases of expulsion, we hope our following guidances will be useful information for both employers and employees.
REGULATED ENTITIES ON REGULATIONS
Workers who are foreign citizens moving to Vietnam for employment for the purpose of:
- Executing the labor contracts.
- Internal reassignments (Foreign workers internally reassigned in the company are the managers, chief executive officers, experts, and technicians of a foreign enterprise that has established a commercial presence in Vietnam, are temporarily reassigned within the same enterprise to its commercial presence in Vietnam and have been employed by the foreign enterprise for at least 12 months)
- Enforcing contracts or agreements on business, commerce.
- Providing services under contracts.
- Offering services.
- Working for foreign non-governmental organizations or international organizations in Vietnam.
- Taking charge of establishing the commercial presence.
- Working as managers, chief executive officers, experts, technicians (An expert means a foreign worker who has a document certifying that he/she is an expert of an overseas agency, organization or enterprise or has a bachelor’s degree or equivalent or higher qualifications provided that he/she has worked at least 03 years in his/her training field in corresponding with the job position that he/she shall be appointed in Vietnam; Enterprise managers who is either an owner of a sole proprietorship, a general partner, the Chairpersons of the Board of members, a member of the Board of members, the company’s President, the Chairperson of the Board of Directors, a member of the Board of Directors, the Director/General Director, or a person holding another managerial position who is entitled to enter into the company’s transactions on behalf of the company according to the company’s charter; Chief executive officers are the heads who directly manage subordinate units of agencies, organizations or enterprises)
- Participating in the execution of bid contracts and projects in Vietnam.
Employers of foreign workers include:
- Enterprises operating in accordance with the Enterprise Law.
- Foreign or Vietnamese contractors participating in the bidding or executing contracts.
- Representative offices, branches of enterprises, agencies, or organizations licensed by the competent authorities.
- Foreign non-governmental organizations or international organizations in Vietnam.
- Offices of foreign projects or international organizations in Vietnam.
- Executive offices of foreign investors in business cooperation contracts or those of foreign contractors awarded operating licenses by the law.
- Business households or individuals licensed to do business in accordance with the law.
CONDITIONS FOR ISSUING THE WORK PERMIT IN VIETNAM FOR FOREIGNER
- The worker is a manager, chief executive officer, expert, or technician.
- The employment of the foreign worker is approved in writing by a state competent authority.
- The worker’s health is fit for working and the worker is not a criminal or liable to criminal prosecution in accordance with the Vietnam law and the foreign country’s law.
REQUIRED PAPERS AND APPLICATION FOR THE WORK PERMIT IN VIETNAM
An application for the work permit in Vietnam consists of:
- Certified copy of passport or a substitute for passport or another license for international travel which is unexpired in accordance with the law.
- 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.
- The health certificate or report on medical examination issued by the foreign or Vietnamese authorized health organizations or agencies and takes effect within 12 months from the signing date of conclusion of heath status to the date of application.
- 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.
- The written certification that the worker is a manager, chief executive officer, expert, or technician.
- And documents related to the foreign workers include:
- The foreign workers who working as internal reassignments must have papers of the foreign enterprise showing that they are appointed 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 working as managers, chief executive officers, experts, technicians, or 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 the operation of such foreign enterprise.
DURATION OF THE WORK PERMIT IN VIETNAM
The duration of a work permit in Vietnam shall not exceed 02 years and is equal to one of the following durations:
- The duration of the labor contract to be signed.
- The duration of the assignment in Vietnam is decided by the foreign partner.
- The duration of the contract or agreement signed by and between the Vietnamese partner and the foreign partner.
- The duration of the service contract or agreement signed by and between the Vietnam partner and the foreign partner.
- The duration stated in the paper is made by the service provider who sends the foreign worker to Vietnam to negotiate the service supply.
- The duration stated in the paper proving the foreign worker’s eligibility to participate in the operation of a foreign enterprise that has established its commercial presence in Vietnam.
CASES IN WHICH THE WORK PERMIT IS REISSUED
- The unexpired work permit is lost, damaged or the contents stated in the issued work permit are changed.
- The work permit is still valid from 05 to 45 days.
CASES IN WHICH FOREIGN WORKER’S WORK PERMIT IN VIETNAM IS REVOKED
- The work permit expires as regulated by the Labor Code.
- The work permit is revoked because the employer or the foreign worker fails in the compliance with regulations.
- Order for revoking the work permit
- As for the cases The work permit expires as regulated, the employee shall revoke the work permit of the foreign worker and submit it to the Service of Labor, War Invalids and Social Affairs where such work permit is issued.
- As for the cases, The work permit is revoked because the employer or the foreign worker fails in the compliance with regulations, the Director of the Service of Labor, War Invalids, and Social Affairs where such work permit is issued shall decide on revocation and send notice to the employer who shall revoke the work permit of the foreign worker and submit to the Service of Labor, War Invalids and Social Affairs.
The competent state agency shall send a certificate of having the work permit revoked to the employer.
CASES OF EXPELLING THE FOREIGN IN VIETNAM
- The foreigner who works in Vietnam without the work permit or certificate of eligibility for exemption from the work permit as regulated (the foreign worker working in Vietnam without the work permit) shall be expelled in accordance with the Vietnam law.
- The Service of Labor, War Invalids and Social Affairs shall request the police agency to expel the foreign worker working in Vietnam without the work permit.
- If the organizations and individuals discover any foreign worker working in Vietnam without a work permit, it should be reported to the Service of Labor, War Invalids and Social Affairs where the working place of such worker is located.
- Within 15 working days from the day on which the foreign worker is pronounced working in Vietnam without the work permit, the Service of Labor, War Invalids and Social Affairs shall request the police agency to expel such foreign worker.
PENALTIES FOR ADMINISTRATIVE VIOLATIONS AGAINST REGULATIONS ON WORK PERMIT
- Any foreign worker in Vietnam that commits any of the following violations shall be expelled:
- Working without a work permit as prescribed by law, except for those exempt from work permits.
- Using an expired work permit.
- A fine of from VND 1,000,000 to VND 2,000,000 shall be imposed upon any employer that fails to submit a report on employment of foreigners to the labor authority, or submits an insufficient report, or submits a report behind schedule.
- Fines imposed upon employers who employ foreign workers in Vietnam without work permits or certificates of exemption from work permits, or employ foreign workers using expired work permits:
- From VND 30,000,000 to VND 45,000,000 if the violation involves 01 – 10 workers.
- From VND 45,000,000 to VND 60,000,000 if the violation involves 11 – 20 workers.
- From VND 60,000,000 to VND 75,000,000 if the violation involves more than 20 workers.
- Additional penalty: The employer who commits the violation mentioned shall have its operation suspended for 1 – 3 months.
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