Regulations On Work Permits For Foreign Workers

Vietnam has emerged as a popular destination for foreign workers seeking new opportunities and experiences in Southeast Asia. As the economy continues to grow, the demand for skilled labor from overseas has increased. However, to legally work in Vietnam, foreign nationals must obtain a work permit in compliance with regulations. In this article, we explore the essential aspects of the work permit process for foreigners in Vietnam. If you have any questions, please feel free to contact Apolo Lawyers Law Firm via email contact@apolo.com.vn or hotline 0903.419.479.

1. Procedure for applying for a work permit for foreign workers working in Vietnam

1.1. Conditions for foreign workers to work in Vietnam

Conditions for foreign workers to work in Vietnam are specified in Clause 1, Article 151 of the Labor Code 2019 as follows:

• Being 18 years or older and having full civil act capacity;
• Having professional qualifications, techniques, skills and working experience; be healthy as prescribed by the Minister of Health;
• Not being a person who is currently serving a penalty or has not yet had his/her criminal record cleared or is being examined for penal liability in accordance with foreign or Vietnamese laws;
• Having a work permit issued by a competent Vietnamese state agency, except for the case specified in Article 154 of the Labor Code 2019.

Accordingly, we see that having a work permit is one of the conditions for foreign workers to work in Vietnam.

Regulations On Work Permits For Foreign Workers

1.2. Dossier to apply for a work permit for foreign workers in Vietnam

Dossier to apply for a work permit for foreign workers specified in Article 9 of Decree 152/2020/ND-CP includes:

• The request for a work permit.

• A health certificate or medical examination certificate.

• A criminal record card or a document certifying that the foreign worker is not a person who is currently serving a sentence or has not yet had his criminal record cleared or is being examined for criminal liability by a foreign country or issued by Vietnam, within 06 months from the date of issuance to submission of the application.

• Documents and papers proving that they are managers, executive directors, experts, technical workers and a number of professions and jobs as prescribed by law.

• 02 color photos, photos taken within 06 months from the date of application submission.

• Written approval of the need to employ foreign workers, except for cases where the need to employ foreign workers is not required.

• Certified copy of valid passport as prescribed by law.

• Some documents related to foreign workers as prescribed by law.

• Consular legalization and authentication of documents in accordance with Vietnamese law.

1.3. The order of issuance of a work permit

The order of issuance of a work permit is specified in Article 11 of Decree 152/2020/ND-CP as follows:

• At least 15 days before the date the foreign worker is expected to start working in Vietnam, the applicant shall submit an application for a work permit to the Ministry of Labor, War Invalids and Social Affairs or the Department of Labor. - Invalids and Social Affairs where the foreign worker is expected to work.

• Within 05 working days from the day on which the complete application for a work permit is received, the Ministry of Labor, War Invalids and Social Affairs or the Department of Labor, War Invalids and Social Affairs where the employee is expected to work shall issue a work permit to the foreign worker according to Form No. 12/PLI Appendix I issued together with Decree 152/2020/ND- CP. In case of refusal to issue a work permit, a written reply clearly stating the reason.

• For foreign workers specified at Point a, Clause 1, Article 2 of Decree 152/2020/ND-CP, after the foreign worker is granted a work permit, the employer and the employee Foreign workers must sign a written labor contract in accordance with Vietnamese labor laws before the expected date of employment for the employer.

The employer must send the signed labor contract upon request to the competent authority that issued the work permit. The employment contract is the original or a certified copy. Thus, foreign workers working in Vietnam must obtain a work permit, and carry out procedures for applying for a work permit in accordance with Vietnamese law.

2. Validity of the work permit

According to Article 10 of Decree 152/2020/ND-CP, the term of a work permit is granted according to the term of one of the following cases, but not exceeding 02 years:

• The term of the labor contract expected to be signed.
• The duration of the foreign party sending foreign workers to work in Vietnam.
• The duration of the contract or agreement signed between the Vietnamese and foreign partners.
• The duration of the contract or service provision agreement signed between the Vietnamese and foreign partners.
• The time limit stated in the document of the service provider sending foreign workers into Vietnam to negotiate service provision.
• The term has been determined in the operation license of the agency, organization or enterprise.
• The time limit in the document of the service provider sending the foreign worker to Vietnam to establish the commercial presence of that service provider.
• The time limit in the document proving that the foreign worker is allowed to participate in the operation of a foreign enterprise that has established a commercial presence in Vietnam.
• The time limit in the written approval to employ foreign workers, except for the case where a report explaining the need to employ foreign workers is not required as prescribed at Point b, Clause 1, Article 4 of Decree 152/2020 /ND-CP.

3. In which case a foreigner is not required to apply for a work permit?

Cases where foreigners are not subject to work permits as prescribed in Article 7 of Decree 152/2020/ND-CP include:

• Being the head of a representative office or project or taking main responsibility for the operation of international organizations, foreign non-governmental organizations in Vietnam.
• Entering Vietnam with a term of less than 3 months to make a service offering.
• Entering Vietnam for less than 3 months to handle problems, technical situations, complex technologies that arise, affecting or potentially affecting production and business that Vietnamese experts and foreign experts currently in Vietnam cannot handle.
• Being a foreign lawyer who has been granted a license to practice law in Vietnam in accordance with the Law on Lawyers.
• Cases according to the provisions of international treaties to which the Socialist Republic of Vietnam is a contracting party.
• Foreigners marrying Vietnamese and living in Vietnamese territory.
• Being the owner or capital contributing member of a limited liability company with a capital contribution value of 3 billion VND or more.
• Being the Chairman of the Board of Directors or a member of the Board of Directors of a joint-stock company with a capital contribution value of 3 billion VND or more.
• Moving within enterprises within 11 service industries in service commitment schedule with the World Trade Organization, including: business, information, construction, distribution, education, environment, finance, health, tourism, culture, entertainment and transport.
• Entering Vietnam to provide professional and technical consulting services or perform other tasks in service of research, construction, appraisal, monitoring and evaluation, management and implementation of programs and projects using official development assistance (ODA) sources according to regulations or agreements in international treaties on ODA signed between competent Vietnamese and foreign agencies.
• Licensed by the Ministry of Foreign Affairs to operate information and press in Vietnam in accordance with the law.
• Being sent to Vietnam by a competent foreign agency or organization to teach or conduct research at an international school under the management of a foreign diplomatic mission or the United Nations; establishments and organizations established under agreements that Vietnam has signed or joined.
• Volunteers specified in Clause 2, Article 3 of Decree 152/2020/ND-CP.
• Entering Vietnam to work as a manager, executive director, expert or technical worker with a working period of less than 30 days and not more than 3 times in a year.
• Entering Vietnam to implement international agreements signed by central and provincial agencies and organizations in accordance with law.
• Students who are studying at overseas schools and training institutions that have an internship agreement in agencies, organizations and enterprises in Vietnam; trainees and trainees on Vietnamese ships.
• Relatives of members of foreign representative missions in Vietnam specified at Point l, Clause 1, Article 2 of Decree 152/2020/ND-CP.
• Have an official passport to work for state agencies, political organizations, socio-political organizations.
• Person responsible for establishing commercial presence.
• Being certified by the Ministry of Education and Training for foreign workers to enter Vietnam for teaching and research purposes.

Thus, foreign workers who want to work in Vietnam, one of the conditions that must be met is to have a valid work permit as prescribed, unless the foreign worker is not eligible for a work permit.

Regulations On Work Permits For Foreign Workers

If you have any questions, please feel free to contact Apolo Lawyers Law Firm via email contact@apolo.com.vn or hotline 0903.419.479.

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