Application for the work permit for foreigners working in Vietnam, Applying for a work permit for foreigners working in Vietnam is a senior service of Minh Khue Law Firm. We will consult and apply for work permit, the extension of work permit for foreigners and foreign experts working in Vietnam.
We would like to discuss the application for the work permit for foreigners in Vietnam as follows:
1. Conditions for granting work permits to foreigners working in Vietnam:
- 18 years of age or older;
- Have good health in accordance with job requirements;
- As a manager, executive director, expert or technical worker;
For foreigners applying for private medical or pharmaceutical practice, directly conducting medical examination and treatment in Vietnam or working in the field of education and job training, they must satisfy all the conditions prescribed by the Vietnamese law on the practice. private or private pharmacy or education and vocational training.
- No criminal convictions for national security offenses; Not being subject to criminal prosecution, serving criminal penalties in accordance with the provisions of Vietnamese law and foreign law.
- Having a work permit granted by a competent Vietnamese state agency, except for cases where work permits are not required under Section 4 below.
2. A dossier of application for a work permit includes:
- The employer's written request for work permit.
- A health certificate or health examination result issued by a competent foreign or Vietnamese health agency or organization shall be valid for 12 months from the date of signing the health conclusion to date of submission.
- Judicial record card or written certification to confirm that the foreign employer is not a criminal offender or examined for criminal liability issued by the foreign agency. In case the foreigner resides in Vietnam, only the judicial record issued by Vietnam shall be required. Judicial record card or written certification to confirm that the foreign employer is not a criminal offender or examined for criminal liability shall be granted no more than 6 months, counting from the date of issue to the date of submission of dossiers.
- Documents proving that the manager, executive director, specialist or technical worker. For a number of occupations, jobs, documents proving the professional qualifications and technical qualifications of foreign laborers, they shall be replaced by one of the following papers:
+ A certificate of artisan craftsmanship for traditional crafts and crafts granted by foreign competent agencies;
+ Documents proving the experience of foreign football players;
+ Airfreight driver's licenses granted by competent Vietnamese agencies to foreign pilots;
+ An aircraft maintenance permit issued by a competent Vietnamese agency for foreign employees doing aircraft maintenance work.
- Two color photos (size 4cm x 6cm, white background, straight face, bare head, no colored glasses), photo not more than 6 months up to the date of application.
- A copy of passport or valid paper that equal to a valid passport or valid international travel document as prescribed by law
- For foreign laborers moving within the enterprise, there must be a document of the foreign enterprise sent to work at the commercial presence of the foreign enterprise in the territory of Vietnam and the document evidencing the person Foreigners have been recruited by foreign enterprises before working in Vietnam for at least 12 months;
- For foreign laborers entering Vietnam to carry out various types of contract or agreement on economic, trade, finance, banking, insurance, science and technology, culture, sports, Professional and medical education, there must be contracts or agreements signed between Vietnamese and foreign partners, including agreements on foreign laborers working in Vietnam;
- For foreign laborers being contractual service providers; there must be a written document from the service supplier appointing foreign workers to enter Vietnam to negotiate the provision of services;
- For foreign laborers offering services, there must be documents of service providers appointing foreign laborers to enter Vietnam to negotiate the provision of services;
- For foreign laborers working for foreign non-governmental organizations and international organizations in Vietnam, there must be a certificate of foreign non-governmental organizations and international organizations permitted to operate under regulations law of Vietnam;
- For foreign laborers who are responsible for setting up commercial presence; there must be a document from the service provider appointing a foreign worker to enter Vietnam to establish the commercial presence of the service provider;
- For foreign laborers being managers, executives, experts and technical laborers who are involved in the operation of foreign enterprises which have established a commercial presence in Vietnam, there must be documents to prove that the foreign worker is involved in the operation of the foreign enterprise.
3. The duration of the granted work permit
The duration of the work permit is the duration of the intended labor contract or the time limit for the foreign party to appoint a foreigner to work in Vietnam, if the foreigner works in Vietnam. Unless under the labor contract, the duration of the work permit shall be granted under the contract signed between the Vietnamese party and the foreign party. For foreigners representing foreign non-governmental organizations permitted to operate under Vietnamese law, the duration of a work permit shall be granted within the time limit specified in the organization certificate. Foreign non-governmental organizations are permitted to operate in accordance with the laws of Vietnam.
The duration of the work permit in the above cases shall not exceed 2 (two) years.
4. Cases without having to issue work permits:
- Being a capital-contributing member or owner of a limited liability company.
- Being a member of the board of management of a shareholding company.
- Being head of representative offices and projects of international organizations and non-governmental organizations in Vietnam.
- Entering Vietnam for a period of less than 3 months for offering services.
- Entering Vietnam with a time limit of less than 3 months to handle complicated technical incidents or situations, thus affecting or threatening to affect production and business, which Vietnamese specialists and foreign experts currently in Vietnam can not handle it.
- Being a foreign lawyer licensed to practice law in Vietnam according to the provisions of the Law on Lawyers.
- According to the provisions of treaties to which the Socialist Republic of Vietnam is a contracting party.
- Being students studying in Vietnam working in Vietnam but the employers must give 7 days' notice to the provincial-level state management agencies in charge of labor.
- Other cases according to the Article 7 Decree No. 11/2016/ND-CP Detail regulations on implementing a number of articles of labor code regarding foreign workers in Vietnam.
Translated from: Dịch vụ xin giấy phép lao động cho người nước ngoài
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