When foreigners are living and working in Vietnam: When you apply for a job
The following conditions must be met before you can apply for a job in
a Vietnamese company:
- Having full civil act capacity (i.e. when you are at least 18 years
old and capable of establishing and exercising your civil rights and
obligations)
- Having professional skills and qualifications and health in
accordance with job requirements.
- Not a criminal or subject to criminal proceedings in accordance with
Vietnamese and foreign laws.
- Having a work permit granted by a competent authority, except if:
+ You are a capital-contributing member or owner of a limited liability
company.
+ You are accepted as a member of the Management Board of a joint-stock
company.
+ You are appointed as the Head of the representative office and
project of international organizations or non-governmental organizations in
Vietnam.
+ You are permitted to enter into Vietnam for under 3 months to offer
your services.
+ You are permitted to enter into Vietnam for under 3 months in order
to deal with complicated technical and technological problems or situations
that affect or threaten the production
and business activities which Vietnamese specialists and foreign experts
currently living in Vietnam can not handle.
+ You are a foreign lawyer granted the lawyer’s practicing certificate
in accordance with the Law on Lawyers.
+ Otherwise prescribed by an International Agreement to which Vietnam
is a signatory.
+ You are studying and working in Vietnam. In this case, the employer
must inform the provincial-level state authority over labor 7 days in advance.
+ Otherwise prescribed by the Government’s regulations.
Note: The enterprise can employ foreigners to hold the positions of
managers, managing directors, experts and technical workers only if Vietnamese
employees are still unable to fulfill production and business requirements.
Before employing foreigners, the enterprise must explain their labor
demands and obtain a written approval from competent state agencies.
Guidance on the procedure for issuance of work permit for foreign
worker
Step 1: Prepare the documents below:
- The written request for the work permit made by the employer.
- The health certificate 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 heath status to the date of application.
You are required to bring a duplicate copy and an original for verification
purpose or a certified copy thereof. In cases of foreign heath certificates,
they must be consularly legalized, except the cases specified in International Treaties to which
both Vietnam and the foreign party are signatories or on the principle of reciprocity
in accordance with the law, and translated into Vietnamese and authenticated
according to regulations of Vietnam
- The criminal record or written certification that the foreign worker
is not a criminal or subject to criminal prosecution must be issued within 06
months prior to the submission of the application. You are required to bring a
duplicate copy and an original for verification purpose or a certified copy
thereof. In cases of foreign heath certificates, they must be consularly
legalized, except the cases specified in
International Treaties to which both Vietnam and the foreign party are signatories
or on the principle of reciprocity in accordance with the law, and translated
into Vietnamese and authenticated according to regulations of Vietnam
If the foreign worker is a lawful resident in Vietnam, only the
criminal record issued by the Vietnamese competent authority is required.
- The written certification that the worker is a manager, chief
executive officer, expert or technician, may be one of the following papers: You
are required to bring a duplicate copy and an original for verification purpose
or a certified copy thereof. In cases of foreign heath certificates, they must
be consularly legalized, except the cases
specified in International Treaties to which both Vietnam and the
foreign party are signatories or on the principle of reciprocity in accordance
with the law, and translated into Vietnamese and authenticated according to
regulations of Vietnam.
+ 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 Vietnam’s 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 the airplane maintenance industry.
- 02 color pictures (4cm x 6cm size, white background, frontal face,
bareheaded and no colorful glasses) that are taken within 06 months ahead of
the date of application submission.
- Certified copy of passport or
a substitute for passport or other international travel documents which remains
valid in accordance with the law.
- Documents related to the foreign workers include: You are required to
bring a duplicate copy and an original for verification purpose or a certified
copy thereof. In cases of foreign heath certificates, they must be consularly
legalized, except the cases specified in
International Treaties to which both Vietnam and the foreign party are
signatories or on the principle of reciprocity in accordance with the law, and
translated into Vietnamese and authenticated according to regulations of
Vietnam.
+ In case of intracompany transferees: 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.
+ In case the employee enforces contracts or agreements on business,
commerce, finance, banking, insurance, science and technology, culture, sports,
education, vocational training and health: contracts or agreements sign by the
Vietnamese partner and the foreign partner, including the agreements on sending
foreign workers to work in Vietnam.
+ In case the employee provides services under contracts: 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.
+ In case the employee offers services: papers made by the service
provider proving that the foreign workers are sent to Vietnam to negotiate the
service supply.
+ In case the employee works for foreign non-governmental organizations
or international organizations in Vietnam that have been granted operating
licenses in accordance with the Vietnam law: certificates issued by the foreign
non-governmental organization or international organization that has been
granted operating license in accordance with the Vietnam law.
+ In case the employee takes charge of establishing the commercial
presence: paper made by the service provider who appoints such foreign workers
to Vietnam to establish its commercial presence.
+ In case the employee is the manager, chief executive officer, expert
or technician participating in the operation of a foreign enterprise which has
established a commercial presence in Vietnam: papers proving the foreign
workers’ eligibility to participate in operation of such foreign enterprise.
Step 2: Submit the dossier to the Department of Labor, War Invalids and
Social Affairs of the province where the planned working place of the foreign
worker is located.
Note that the dossier must be submitted at least 15 days before the day
on which the foreign worker intends to start his employment.
Step 3: Receive the work permit
Within 07 working days from the day on which the sufficient
documentation is received, the Department of Labor, War Invalids and Social
Affairs shall issue the work permit to the foreign worker in accordance with
the given form.
A written response and explanation shall be provided in case of refusal
to grant the work permit.
Note that, for the foreign worker executing the labor contract, After
he is issued with the work permit, the employer and the foreign worker shall
sign a written employment contract in accordance with the Vietnam law before
the intended working day and within 05 working days from the day on which the
labor contract is signed, the employer shall send a copy of the signed labor
contract to the Service of Labor, War Invalids and Social Affairs that issued
the work permit.
Legal grounds:
- the Labor Code 2012
- Circular 40/2016/TT-BLDTBXH
Below are the attached forms:
1. Written explanation about demand for utilization of foreign workers
2. Document on recuitment of Vietnamese workers into specific job
vacancies intended for foreign workers
3. Document on the utilization of foreign workers for job vacancies
that fail to hire Vietnamese workers
4. The written request for the work permit
5. Form of the work permit
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