The dossiers and procedures for implementing these tasks are relatively complex as well as time-consuming and laborious for enterprises employing foreign workers. Minh Khue Law Firm, whose main functions are legal consultancy and implementation of legal services in the fields of investment consultancy, intellectual property, ... are introduced to clients Our work permit application service. 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.
Consultation on the issuance of work permits for foreigners in Vietnam
Firstly, on condition:
Foreigners wishing to work in Vietnam must satisfy the following conditions:
- Having full civil act capacity as prescribed by law.
- Have good health in accordance with work requirements.
- Be a manager, executive director, expert or technical worker.
- Not being the offender or being examined for penal liability according to the provisions of Vietnamese law and foreign law.
- To be approved in writing by the competent State agency on the employment of foreign laborers.
Secondly, on the procedures for issuing work permits:
a. For companies receiving labor:
- Legal documents of your company: 01 copy of business registration certificate and investment registration certificate (if any);
- A written request for the issuance of a work permit from the employer according to the regulations of the labor laws.
b. For foreign employees:
- 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.
Third, about the processing Time:
The time to be granted a work permit is 5 working days from the date of submitting complete and valid dossiers (the working day is the date the State agency in charge of the work permit is opened);
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.
Translated from: Tư vấn cấp giấy phép lao động cho người nước ngoài tại Việt Nam
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>> See also: Registration Service for work permit in Vietnam