Work permit issuance is a mandatory procedure for foreign workers working in Vietnam, except for some cases exempted by laws. Compliance with the procedure helps ensure the legality of workers’ working processes, while protecting their rights as well as businesses using foreign workers. However, the time to carry out work permit procedures can be prolonged if current regulations are not fully grasped, including some timelines that need special attention corresponding to each implementation phase below.
1. Application for approval on demand for foreign workers
15 days before the expected date of employment, is the minimum period for the Enterprise to determine and report explaining the demand for foreign workers. At least 15 days prior to the expected date for foreign workers, employers (except contractors) are responsible for determining the need to use foreign workers for each job position not yet responded by Vietnamese workers, and reporting to the competent state agencies.
If there are any changes in the demand for foreign workers in terms of position, job title, form of work, quantity, location, the Enterprise must implement it within the similar period.
10 working days from the date of receiving valid documents, the competent state agency will issue a written approval or disapproval of the use of foreign workers for each job position.
2. Application for Work Permit
At least 15 days before the expected date when employee starts working, Enterprise submits an application for a work permit.
05 working days from the date of receipt of complete and valid documents, the competent authority will issue a Work Permit if eligible.
>> WHAT IS GENERAL PERSONAL DATA? RESPONSIBILITIES OF THE DATA CONTROLLER? https://linconlaw.vn/what-is-general-personal-data-responsibilities-of-the-data-controller/
>> VIOLATIONS OF FOREIGN WORKERS IN VIETNAM, SOME COMMON ACTS https://linconlaw.vn/violations-of-foreign-workers-in-vietnam-some-common-acts/
3. Labor contract submission
After being issued Work Permit and before the foreign worker is expected to work, the Enterprise and the employee must complete and sign a written labor contract according to regulations.
Enterprises submit the original or certified copy of the signed labor contract upon request to the competent authority that issued the work permit.
- Labor Code 2019;
- Decree 152/2020/ND-CP on foreign workers working in Vietnam and recruitment and management of Vietnamese workers working for foreign organizations and individuals in Vietnam promulgated on January 30 December 2020;
- Decree 70/2023/ND-CP amending Decree 152/2020/ND-CP regulating foreign workers working in Vietnam and recruiting and managing Vietnamese workers working for organizations , foreign individuals in Vietnam promulgated on September 18, 2023.
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