Applying for a work permit for foreigners in Vietnam is a mandatory process for foreign workers to be able to work legally. This process is detailed according to the Labor Law and related legal regulations. Below is a detailed DNP Viet Nam Law Firm guide on the conditions, documents, and steps for applying for a work permit.
1. Conditions for applying for a work permit for foreigners
Foreign workers must meet the following conditions to apply for a work permit:
- Legal capacity: The individual must have full legal capacity as defined by Vietnamese law.
- Suitable health: The worker needs a valid health certificate confirming their ability to work.
- Professional qualifications: They must possess the necessary professional certificates or relevant work experience for the position in Vietnam.
- No criminal record: The worker must not be under criminal investigation in Vietnam or any other country.
- Sponsorship by a Vietnamese company: A Vietnamese organization or foreign labor partner must sponsor the foreign worker to work in Vietnam.
2. Documents required to apply for a work permit in Vietnam
The application for a work permit for foreigners includes the following documents:
- Application form for a work permit: Submitted by the employer of the foreign worker.
- Health certificate: Issued within the last 12 months, can be obtained in Vietnam or abroad.
- Criminal record: Issued within the last 6 months by either a foreign or Vietnamese authority (if the worker has resided in Vietnam for more than 6 months).
- Work experience confirmation: Proof of at least 3 years of experience in a similar position.
- Professional qualifications: Including university degrees, college degrees, or vocational certificates relevant to the job.
- Passport: A notarized copy along with the original for comparison.
- Portrait photos: Two 4×6 cm photos with a white background, taken within the last 6 months.
- Approval for the job position: Issued by the Department of Labor, Invalids and Social Affairs.
3. Process for applying for a work permit for foreigners
Certain foreign workers are exempt from a work permit but must still notify the relevant authorities. These cases include:
Step 1: Identifying the need for foreign labor
Before submitting the application, the company must inform the Department of Labor, Invalids and Social Affairs or the Management Board of the industrial zone (if applicable) about their need to employ foreign workers. This must be done 30 days before officially employing the worker.
Step 2: Preparing and submitting the application
The company prepares the required documents and submits them to the Department of Labor, Invalids and Social Affairs where the foreign worker will be employed. All documents must be accurate and complete to avoid rejection.
Step 3: Application processing
The processing time for a work permit application is between 7 to 10 working days from the submission of complete and valid documents.
Step 4: Receiving the work permit
Once the application is approved, a work permit will be issued to the foreign worker. This permit is valid for up to 2 years and can be renewed.
4. Cases exempt from a work permit for foreigners
- Workers entering Vietnam for less than 3 months to provide services.
- Foreign workers acting as chief representatives of non-governmental organizations.
- Foreign experts transferring technology in a short-term capacity.
- Experts or senior managers working for less than 30 days or totaling less than 90 days in a year.
5. Renewal of a work permit for foreigners
Foreign workers may renew their work permits when they are about to expire. The renewal application must be submitted at least 45 days before the permit expires. The renewal procedure is similar to applying for a new permit.
6. Consequences of not having a work permit
If a foreign worker works in Vietnam without a valid work permit, they may face deportation. Furthermore, the employer will face administrative fines and may be forced to stop employing foreign workers.
7. Benefits of obtaining a work permit
- Legal employment: A work permit allows foreign workers to work legally and enjoy full rights according to Vietnamese law.
- Ensuring legal compliance: Helps businesses avoid legal risks and enables them to employ foreign human resources effectively.
However, the above information is for reference only and is provided by our company. For more details, please contact the information below for detailed advice:
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DNP VIETNAM LAW FIRM
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