PROCEDURES FOR ISSUANCE WORK PERMIT FOR FOREIGN WORKERS

Source: ehsdb.com

Foreigners working and living in Vietnam are no longer uncommon in the integration process, extensive development on the international market.

However, to be working in Vietnam, foreign workers must have a work permit (except for some special cases provided for in Article 7 of Decree 11/2016 / ND-CP). Therefore, today we find out the details of the procedure for granting work permits.

Step 1. Ensure conditions for issuing the work permit

Foreign workers must make sure to meet all the conditions as following:

a. The worker is capable of civil acts as prescribed by law.

b. The worker’s health is fit for working.

c. The worker is a manager, chief executive officer, expert or technician.

d. The worker is not a criminal or liable to criminal prosecution in accordance with the Vietnam law and the foreign country’s law.

e. The employment of the foreign worker is approved in writing by a state competent authority.

Step 2: Prepare records:

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 heath 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 an expert is one of the following documents:

a) A certificate of specialist which specifies the name of certificate issuer; specialist information including name, date of birth, nationality and major relevant to job position expected to be taken in Vietnam;

b) Proofs specified in point b clause 3 Article 3 of the Decree No.11/2016/ND-CP.

+ For a technician:

a) Certificates or documents certifying that such foreign worker has been trained for at least 01 year or his/her major is relevant to the job(s)he is expected to taken in Vietnam.

b) Documents certifying that the foreign worker has at least 03 years of experience in relevant majors.

For some jobs and works, the written certification of the qualification of the foreign worker can be replaced with one of the following papers:

a) Certificate of recognition which is issued by the competent authority of the foreign country if the worker is an artist in the traditional professions;

b) The documents proving experience of foreign soccer players;

c) The pilot license issued by a Vietnam’s competent authority to the foreign pilot;

d) 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.

Step 3. Apply for a work permit

Location: the Service of Labor, War Invalids and Social Affairs of the province where the planned working place of the such foreign worker is located..

Step 4. Settlement of work permit dossiers

Within 07 working days from the day on which the sufficient application is received, the Service of Labor, War Invalids and Social Affairs shall issue the work permit to the foreign worker using the form provided by the Ministry of Labor, War Invalids and Social Affairs. A written response and explanation shall be provided if the work permit is not issued.

Step 5. After receiving a work permit.

The employer and the foreign worker shall sign a written labor contract in accordance with the Vietnam law before the intended working day of such foreign worker.

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 such work permit.

Note:

The duration of a work permit shall not exceed 02 years and is equal to one of the following durations:

1. The duration of the labor contract to be signed;

2. The duration of assignment in Vietnam decided by the foreign partner;

3. The duration of the contract or agreement signed by and between the Vietnamese partner and the foreign partner;

4. The duration of the service contract or agreement signed by and between the Vietnam partner and the foreign partner;

5. The duration stated in the paper made by the service provider who sends the foreign worker to Vietnam to negotiate the service supply;

6. The duration stated in the certificate of the foreign non-governmental organization or international organization that has been granted with operating license in accordance with the Vietnam law;

7. The duration stated in the paper made by the service provider who appoints the foreign workers to Vietnam to establish its commercial presence;

8. 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.

For information, please see: http://thuvienphapluat.vn/van-ban/EN/Lao-dong-Tien-luong/Decree-No-11-2016-ND-CP-detailed-Labor-Code-foreign-workers-in-Vietnam-2016/303291/tieng-anh.aspx