ISSUANCE OF WORK PERMITS FOR KOREAN WORKER, DIFFICULTY IN IMPLEMENTATION?

Currently, the number of foreign workers entering Vietnam is on the rise, especially Koreans. Therefore, the need to apply for a work permit is increasing. However, the procedure for applying for a work permit in our country is quite complicated, leading to Korean individuals as well as businesses facing many difficulties in this procedure. The following article will outline some common difficulties in the process of applying for a work permit for Koreans.

1. Outline of the procedure for applying for a work permit for Koreans

a. Determination of demand for Korean workers for each job position

At least 30 days in advance from the expected date of employment In Korea, the employer (excluding the contractor) must submit a report explaining the demand for foreign workers according to the Ministry of Labor – Invalids and Social Affairs. 

Within 15 days after receiving a valid explanation letter, the enterprise or organization will receive a written approval for the job position that employs Korean workers.

b. Prepare documents applying for a work permit for Koreans

The application file for a work permit includes the following basic documents:

– The written request for a work permit by the employer according to the regulations of the Ministry of Labor – Invalids and Communes. festival;

– The health certificate or health certificate is valid for 12 months from the date of signing the health conclusion to the date the application is submitted;

– Judicial record cards are issued within 6 months from the date of issue to the date of filing;

– Proof of identity as manager, executive director, expert or technical worker;

– 02 color photos (4cm x 6cm, white background, face straight, bareheaded, no colored glasses), taken within 06 months from the date of application;

– A copy of passport or a valid document replacing a passport or another valid international travel document in accordance with the law;

-Power of attorney for the person performing the procedure.

c. Submit application applying for a work permit for Koreans

Application documents must be submitted to the Department of Labor, War Invalids and Social Affairs where the Korean employee is expected to work at least 15 working days in advance, from the date the person is expected to start working.

Within 05 working days from the day on which the application for a work permit is received, the Department of Labor, War Invalids and Social Affairs shall issue a work permit to the Korean worker. In case of refusal to issue a work permit, it shall reply in writing, clearly stating the reason.

Within 05 working days from the date of signing the labor contract, the employer must send a copy of the signed labor contract to the Department of Labor, War Invalids and Social Affairs that issued the work permit.

>> DRAFTING NOTICE ON TERMINATION OF HOUSE RENTAL CONTRACT FOR FOREIGNERS https://linconlaw.vn/drafting-notice-on-termination-of-house-rental-contract-for-foreigners/

>> PROCEDURES FOR REGISTRATION OF INDUSTRIAL DESIGNS https://linconlaw.vn/procedures-for-registration-of-industrial-designs/

2. Possible difficulties in applying for a work permit for Koreans

a. Difficulty in the requirements for a working position

For some positions, the requirements for years of experience as well as degrees and certificates are quite strict.

In fact, the documents issued by the foreign agency where the worker is a national may have a form and content that do not match 100% of the requirements in the legal procedures for the issuance of a work permit.

b. Difficulty in preparing the application

In the application for a Health Certificate and a Juridical Record, these are two documents that will take a lot of time and need to be very careful during the implementation process to avoid wasting time editing the records many times.

The procedure for granting Juridical Record to foreigners in Vietnam according to regulations is within 20 days, but in reality, it may take longer due to specific information requirements. In addition, the background declaration is quite complicated, so the time for employees to add a criminal record card to the application file is often long.

Similar to the Juridical Record, the Health certificate is also an obstacle in the work permit application process. Although the way to obtain a Health certificate is simpler than a Juridical Record, not fully grasping the regulations on competent medical examination and treatment facilities can be a problem.

c. Complicated application procedure 

According to the preliminary content presented above, the procedure for granting a work permit needs to go through many steps with many strict requirements on conditions, information provided, and a lengthy process. Incorrect and incomplete understanding and grasping can become a big difficulty when applying for a work permit for Koreans in particular and foreigners in general.

The above are some of the basic difficulties that businesses may encounter when applying for a work permit for their Korean workers. Lincon Law Firm is an experienced company in applying for work permits for Koreans in particular and foreigners in general. For any demand on advice and legal service, please contact the information below.