At present, because some domestic workers are not qualified to perform certain jobs, many businesses have to hire and employ foreign workers. So, what is the procedure?
CONDITIONS of APPLICATION FOR WORK PERMITS FOR FOREIGN WORKERS IN VIETNAM
According to Vietnamese law, foreign workers who wish to work in Vietnam must apply for work permits, except in certain cases where they are exempted from work permits in accordance with Article 172 of the Labor Code 2012. If foreign workers wish to carry out the procedures for applying for work permits for foreign workers in Vietnam, they must satisfy the following conditions:
- Having full civil act capacity in accordance with the law;
- Have good health in accordance with the requirements of the job;
- Being managers, executive directors, experts, or technical workers;
- Not being criminals and not being prosecuted for criminal liability in accordance with Vietnam and foreign laws;
- Approved in writing by a competent state agency on the use of foreign workers.
APPLICATION FOR WORK PERMITs FOR FOREIGN WORKERS IN VIETNAM
- A written request for a work permit, made according to the form set by the Ministry of Labor, Invalids and Social Affairs;
- A health certificate issued by a competent authority or health organization in a foreign country or in Vietnam must be valid for a period of 12 months from the date of health checking to the date of submission of the application;
- A judicial record or a document certifying that the foreign worker is not a criminal or prosecuted for criminal liability abroad. If the employee has already resided in Vietnam, judicial record issued by Vietnam (not more than 06 months from the date of issuance to the date of submission of the application) shall be required;
- A document proving that the laborer is a manager, a chief executive, an expert or a technical worker;
- Two 4×6 photos;
- A certified copy of passport or other valid papers in lieu of a passport or international travel document in accordance with the law;
- A written approval from the People’s Committee on the employment of foreign workers.
A small note for foreign workers who wish to apply for work permits in Vietnam: all the documents issued by foreign agencies must be consularly legalized, except cases exempted from consular legalization according to international treaties to which Vietnam and the foreign countries concerned are members or on the principle of reciprocity.
EXECUTION DURATION OF PROCEDURES FOR APPLICATION FOR WORK PERMITs FOR FOREIGN WORKERS IN VIETNAM
At least 15 days before a foreign employee works, an application for work permit for foreign workers in Vietnam must be submitted to the Department of Labor, Invalids and Social Affairs where the foreign worker is expected to work. Within seven working days from the date of receipt of a complete and valid application form, the Department of Labor, Invalids and Social Affairs shall issue a work permit to the foreigner in the prescribed form.
In cases where it is not possible to grant work permits for foreign workers in Vietnam, the competent agency must reply in writing and clearly state the reasons. Therefore, it is not too difficult to apply for a work permit for foreign workers in Vietnam if the employer and the worker have good reasons and prepare the above documents.
PHAN LAW VIETNAM
Hotline: 1900.599.995 – 0794.80.88888
Email: info@phan.vn
