Work permits for foreigners in Vietnam

Xinvisaquocte has received many requests for advice on documents and steps to apply for a work permits for foreigners in Vietnam. We would like to send you information about the procedure and process of applying for a work permits for foreigners in accordance with current laws.

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I. Legal documents regulating the application for a work permits for foreigners.

– Labor Code No. 10/2012 / QH13 passed by the National Assembly of the Socialist Republic of Vietnam on June 18, 2012 and takes effect from May 1, 2013.

– Decree No. 11/2016 / ND-CP detailing the implementation of a number of articles of the labor code regarding foreign workers working in Vietnam.

– Circular No. 40/2016 / TT-BLDTBXH guiding the implementation of Decree No. 11/2016 / ND-CP dated February 3, 2016 and forms related to applying for work permits for foreigners.

– Decree 140/2018 / ND-CP regulating and amending a number of articles of the Labor Code and Decree 11/2016 / ND-CP on procedures for issuance of work permits, work permit dossiers and the The time to carry out the procedures for issuing the revised work permit is shorter than the previous regulation.

– Circular No. 23/2017 / TT-BLDTBXH dated August 15, 2017 of the Ministry of Labor, Invalids and Social Affairs guiding the implementation of issuing work permits for foreign workers working in Vietnam via electronic network .

– List No. 143 / KCB-PHCN & GĐ dated February 5, 2015 of the Ministry of Health on updating and supplementing the list of hospitals and clinics that are eligible under the authority to perform medical examination for foreigners. work permit.

II. Conditions for granting work permits to foreigners working in Vietnam are under new regulations.

1. Having full civil act capacity in accordance with the law.

2. Having suitable health for the job requirements.

3. Is a manager, chief executive officer, expert or technical worker.

4. Not being a criminal or prosecuted for criminal liability under the provisions of Vietnamese law and foreign law.

III. The cases in which foreigners are granted work permits in accordance with Vietnamese law.

1. Foreigners come to perform labor contracts;

2. Foreigners moving within enterprises;

3. People entering to perform various types of contracts or agreements on economic, commercial, financial, banking, insurance, science and technology, culture, sports, education, vocational education and health;

4. Contractual service provider;

5. People entering Vietnam offer services for sale;

6. Foreigners working for foreign non-governmental organizations and international organizations in Vietnam are permitted to operate in accordance with Vietnamese law;

7. Foreign volunteers;

8. The person responsible for establishing a commercial presence;

9. Foreigners are managers, executive directors, experts, technical workers;

10. People participating in the implementation of bidding packages and projects in Vietnam.

IV. Procedures and processes for applying for work permits for foreigners.

Step 1: Enterprises and organizations applying for the approval of the need to use foreign laborers.

At least 30 days before the intended date of employment of the foreign worker, the employer (except contractors) shall send a report explaining the need to employ foreign workers to the Ministry of Labor – Invalids and Social or Chairman of the provincial People’s Committee.

Under the new regulation from Circular 23/2017 / TT-BLDTBXH effective from October 2, 2017, employers can also submit this declaration and report through the website according to the following procedure:

– The employer registers an account at the above web portal and submits the application with the established account, within at least 20 days before the expected date of employment of the foreign worker;

– Within 12 days from the date of receipt of the valid declaration and report explaining the need to use foreign workers, the approving agency will send the results via email to the employer. If the submitted dossier is not valid, the approving agency will issue a correction notice.

– After obtaining the approval of the employment of a foreign worker, the employer shall submit the original application directly or by post to the approving agency. Within 08 hours, the agency receives the original of the dossier, the approving agency will return the original of the approval results to the employer.

– Sample report explaining the need to use foreign workers (according to the form of Circular 40/2106 / TT-BLDTBXH). Details of forms are here

Step 2: Submit application for new work permits for foreigners working in Vietnam under the new regulations including:

1. An application form for a work permits for foreigners, made according to form No. 7

2. Health certificate for overseas examination or medical examination in Vietnam at hospitals, clinics, and health departments that are eligible as prescribed by the Ministry of Health (Within 12 months)

3. Judicial record of the foreigner issued in a foreign country or the record number 1 issued in Vietnam (Issued within 06 months)

4. Written notice of approval for the job position employing foreign workers (See detailed procedures here)

5. Authenticated copy of passport and visa of the foreigner.

6. Documents that prove to be managers, executives, experts, technical workers, teachers (University degree, certificate of at least 03 years’ foreign work experience, …)

7. 02 color photos, size 4 × 6, white background, no glasses.

8. Documents related to foreign workers (depending on each case according to regulations: Appointment decision of parent company, labor contract, company charter …)

Note: Documents issued in a foreign country or issued by a foreign diplomatic mission in Vietnam must be consular legalized and notarized translated into Vietnamese.

V. Place to apply for a work permits for foreigners.

If the employer submits the application online, the deadline for returning the result is 05 days. The approving agency will issue a work permit if the dossier is valid or issue a notice to correct the dossier if there is an error. After receiving the work permit via email, the employer will submit the original application file to the licensing agency and receive the original work permit.

– In case the enterprise is located in an industrial park, it shall apply for a work permit at the Management Board of industrial zones of the province (city) where the enterprise has its headquarters

– In case the enterprise has a normal office, it must submit it at the Department of Labor, War Invalids and Social Affairs of the province (city).

– In case of non-governmental organizations, international organizations, associations … as prescribed in Clause 1, Article 3 of Circular 40/2016 / TT-BLDTBXH, they shall submit work permits for foreigners application dossiers to foreigners at the Department. Employment – Ministry of Labor – Invalids and Social Affairs.

Trả lời

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