Applying New Work Permit Consulting

Vietnamworkpermit.vn provides consulting service, supports to the procedures for applying new work permit for foreigners who are working in Vietnam on a permanent basic for a Vietnamese company, organization or individual or a company with foreign investment in Vietnam.

For foreign workers to work legally in Vietnam, Vietnamworkpermit.vn would like to send customers, enterprises and organizations the following information customers need to know about work permits in Vietnam:

• Cases required for Vietnam work permit

• Why do foreigners need Vietnam work permits?

• Which agency can issue work permit in Vietnam?

• What are necessary documents required for Vietnam work permit application?

• Process of issuing work permits for foreign workers in Vietnam

• How long is the validity term of Vietnam work permit?

• State fees when granting Vietnam work permit

Now, we will go into details:

Cases required for Vietnam work permit.

The granting of foreign work permit is applicable to foreigners working in Vietnam, are set clear in Article 2, Decree No.152/2020/ND-CP, including those:

• Execute the labor contracts.
• Perform intra – company transfer program.
• Execute contracts or agreements on business, commerce, finance, banking, insurance, science and technology, culture, sports, education, vocational training, and health.
• Provide services under contracts.
• Offer services.
• Work for foreign non – governmental organizations or international organizations in Vietnam that have been granted with operating licenses in accordance with the Vietnam law.
• Work as volunteers
• Take charge of establishing the commercial presence.
• Work as managers, chief executive officers, experts, technicians
• Participate in the execution of bid contracts and projects in Vietnam.

A relative of members of foreign representative missions in Vietnam are permitted to work in Vietnam in accordance with provisions in international treaties to which the Socialist Republic of Vietnam is a member.

Why do foreigners need Vietnam work permits?

Because the foreigners working in Vietnam without work permit will be deported and enterprises which have workers without permits will also be heavily fined, according to Article 31 the Decree No.28/2020/ND-CP

• The foreign worker without Vietnam work permit or without Vietnam work permit exemption certificate will be fined from 15.000.000 to 25.000.000 or deported in accordance with the Vietnam law in 2012.

Enterprises which have workers without Vietnam work permit or without work permit exemption certificate or expiration work permit will be fined up to 75.000.000 depending on the number of employees.

Which agency can issue work permit in Vietnam?

• The Department of Labor, Invalids and Social Affairs is the place to grant Vietnam work permit to foreigners working in enterprises or organizations with headquarters or addresses outside the industrial zones, processing, and export area.
• The Management Board of Industrial Zone, processing and export area, the Management Board of Economic Zone of provinces or cities directly under the central government are the places to grant Vietnam work permit for foreigners working in enterprises or organizations with headquarters or addresses inside the industrial zones, processing and export area.

Vietnam work permit is issued by the Employment bureau of Ministry of Labor - Invalids and Social Affairs for foreigner working for non – governmental organizations, international organizations, associations, government agencies.

What are necessary documents required for the work permit application?

According to the list in Article 9, the Decree No.152/2020/ND-CP, documents required to apply for Vietnam work permit includes:

1. Request for issuance of work permit from the employer in accordance with regulations of the Ministry of Labor – Invalids and Social Affairs.

1. Health certificate or medical certificate issued by a competent foreign or Vietnamese health care agency or organization valid for 12 months from the date of signing to the application date.
2. Judicial record or written document confirming the foreign worker is not an offender or being prosecuted for criminal liability issued by the foreign country. If the foreign worker resides in Viet Nam, only judicial record issued Viet Nam is required.

The judicial record or written document confirming the foreign worker is not an offender or being prosecuted for criminal liability must be issued within 6 months from the issuance date to the application date.

1. Proof showing, he/she as a manager, executive, expert, or technician. For some occupations and jobs, proof of professional qualifications and skills of foreign workers shall be replaced by one of the following documents:
2. Documents confirm that the foreign worker is a manager (a manager enterprise or the head or deputy head of an agency of organization), an executive (a person who directly administers affiliated entities of an agency, organization, or enterprise)
3. Documents confirm that the foreign worker is an expert and technical worker including diplomas, certificates, certification of foreign agency, organization, enterprise in respect of number of years’ experience of the expert or technical worker.
4. Proof of experience of foreign football player or an international transfer certificate (ITC) issued to the foreign football player or a document of the Vietnam Football Federation which certifies temporary or official registration of a player of club affiliated to Vietnam Football Federation.
5. Aircraft pilot license by the competent authorities of Viet Nam for foreign pilots, or a certificate of eligibility for working on aircraft issued by the Ministry of Transport, in case of a flight attendant.
6. Aircraft maintenance license by the competent authorities of Viet Nam for foreign workers working as aircraft maintenance.
7. Seafarer certificate by the competent authorities of Viet Nam for foreign workers working as seafarer.
8. Documents confirm that the foreign worker has a certificate of high achievement in sports which is certified by the Ministry of Culture, Sports and Tourism, in case of a sports coach or at least one of the following certificates: AFC (Asian Football Federation) football coaching level B certificate or AFC goalkeeping coaching level 1 certificate or AFC fitness coaching level 1 certificate or AFC futsal coaching level 1 certificate or any equivalent foreign certificate accredited by AFC.
9. Documents confirm that the foreign worker has a diploma issued by the competent authority in accordance with qualifications or standard qualifications in the Law on Education, the Law on Higher Education, the Law on Vocational Education and Regulation on organization and operation of foreign language and computer training centers issued by the Minister of Education and Training.
10. 02 color photos (size 4cm x 6cm, white background, front, bareheaded, without sunglasses), taken within 06 months prior to the application date.
11. Approval letter from Provincial People’s Committee Chairman to permit the company/ organization where you work to employ foreign labor for suitable job position.
12. A certified copy of passport in accordance with the law.
13. Documents relating to the foreign worker:

• For a foreign worker performing intra – company transfer program, he/she must provide an appointment letter of the foreign enterprise assigning the foreign worker to work in the commercial presence of the foreign enterprise within the territory Viet Nam and proof of employment for the enterprise for at least 12 months prior to working in Vietnam.
• For a foreign worker executing contracts or agreements on business, commerce, finance, banking, insurance, science and technology, culture, sports, education, vocational training, and health, he/she must provide a contract or agreement between Vietnamese and foreign partners, which must include an agreement on the foreign worker working in Vietnam.
• For a foreign worker providing services under contracts, he/she must provide a service contract between Vietnamese and foreign partners and proof of employment for the foreign enterprise which does not have a commercial presence in Viet Nam for least 2 years.
• For a foreign worker doing offer services, he/she must provide an appointment letter of the service provider assigning the foreign worker to come to Viet Nam to negotiate on service provision.
• For a foreign worker working for foreign non-governmental organizations or international organizations in Vietnam that have been granted with operating licenses in accordance with the Vietnam law, he/she must provide a certificate of the foreign non – governmental organization and international organization permitted to operate in accordance with Vietnam law.
• For a foreign worker working as managers, chief executive officers, experts, technicians, he/she must provide document issued by the foreign enterprise, agency or organization sending him/her to work in Vietnam that is comfortable with the expected job position.
• Legalization and translate into Vietnamese.

If documents are issued in foreign country, it will be required to get consular legalization and translated into Vietnamese and notarized according to Vietnam law, except exemption from consular legalization according to international treaty which Vietnam and related foreign countries are members or on the principle of reciprocity.

Submit the dossier.

1. At least 15 days from the date of the foreign worker is excepted to start working in Vietnam, the applicant shall submit the dossier to the Ministry of Labor – Invalids and Social Affairs or the Department of Labor – Invalids and Social Affairs where the foreign worker is planning to work.
2. Time to process: 05 working days to get a work permit. In case of not issuing work permit, there shall be a reply in writing and clearly state the reason.
3. After the foreign worker is granted work permit, the employer shall carry out signing labor contract with the person who is granted work permit in accordance with Vietnam law.

Enterprise must report on the use of foreign worker to the Department of Labor – Invalids and Social Affairs. Work permit is the original or the certified copy.

How long is the validity term of work permit?

Vietnam work permit offers the duration of 2 years in maximum, according to Article 10, Decree No.152/2020/ND-CP, become effective as from 15/2/2021:

1. The duration of labor contract is anticipated to be signed.
2. The duration of foreign company sending foreign worker to work in Vietnam.
3. The duration of contract between Vietnam and foreign partners
4. The duration of contract to supply services between Vietnam and foreign partners.
5. The time- limit in document of service provider appointing foreign worker to negotiate service provision to Vietnam.
6. The time – limit in business permit of agency, organization, and enterprise
7. The time – limit in document of service provider appointing foreign worker to Vietnam to establish the commercial presence of that service provider.
8. The time – limit in document proving that foreign worker can join in the operation of foreign enterprise that has established commercial presence in Vietnam.

The time – limit in document approving on the use of foreign worker, except from the case need not to implement report on the use of foreign worker.

State Fees when granting Vietnam work permit.

State Fees when granting Vietnam work permit depending on geographical and mode of application. Fees can be 400.000 VND or 600.000 VND.

Why choose Vietnamworkpermit.vn’s work permit service?

• Helping enterprise, organization, or foreign worker to determine cases in which work permit is exempted or had to issue new work permit.
• Consulting in preparing to submit dossier at agencies where have the jurisdiction.
• Representation of enterprise, organization and employees submit and receive result at agencies where have the jurisdiction.

With many years of experience in this field, Vietnamworkpermit.vn can find out and give solution for all problems in your application. We are confident that Vietnamworkpermit.vn is your trust partner in Vietnam Work Permit Consulting.