PROCEDURE FOR APPLICANT OF WORK PERMIT FOR FOREIGN EMPLOYEE

PROCEDURE FOR APPLICANT OF WORK PERMIT FOR FOREIGN EMPLOYEE
PROCEDURE FOR APPLICANT OF WORK PERMIT FOR FOREIGN EMPLOYEE

In order for foreign employees to work at enterprises in Vietnam legally, enterprises and foreign employees should note and complete corresponding applicant procedure for applicant of work permit for foreign employee.

Then, what is work permit and mhich documents are required to obtain work permit?

Below are a few guidelines from Lincon Law Firm for your reference.

1.         What is a work permit?

A work permit is a document of allowance for a foreigner to work legally in Vietnam. The work permit must clearly state information about the employee, including full name, passport number, date of birth, nationality, passport number; the name and address of the organization where the work is done, the position of work.

2.         Requirements and conditions for applicants for work permit

         Being 18 years or older with 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 remitted or is being examined for penal liability in accordance with foreign or laws of Vietnam.

         Completing the procedures to obtain ritten approval of the need to employ foreign employees, except for cases where the need to employ foreign workers is not required.

3.         Competent authority to receive documents

Department of Labor, War Invalids and Social Affairs of the province/city where the foreign employee is expected to work.

4.         The order of execution

         Step 1: The employer must submit an application for approval of the need to employ foreign workers 30 days in advance to obtain the approval result and at least 15 working days before the date of the foreign employee intends to start working for the employer, that employer must submit an application for a work permit.

         Step 2: Within 05 working days from the date of receiving the complete application for a work permit, the Department of Labor, War Invalids and Social Affairs shall issue a work permit to the foreign employee. In case of refusal to issue a work permit, a written reply must be given clearly stating the reason.

5.         The dossier for issuance of work permit

The dossier for a work permit for a foreigner includes:

         The employer’s written request for a work permit

         A health certificate or medical examination certificate issued by a competent health agency or organization is valid for 12 months from the date of signing the health conclusion to the date of submission of the application file or the certificate of good health

         A judicial card or a document certifying that the foreign employee is not serving a penalty or has not yet been expunged or being examined for penal liability by a foreign country or Vietnam, which is issued within 06 months from the date of issuance to the date of application submission.

         Documents and papers proving that they are managers, executive directors, experts, technical workers…

         02 color photos taken within 06 months to the date of application;

         Written approval of the need to employ foreign employees, except for cases where the need for employment is not required;

         Certified copy of valid passport;

         Documents related to foreign employees.

6.         Results of procedure

Work permit.

Legal basis:

  • Labor Code No. 45/2019/QH14 dated November 20, 2019;
  • Law on entry, exit, transit and residence of foreigners in Vietnam No. 47/2014/QH13 dated June 16, 2014;
  • Decree 152/2020/ND-CP dated December 30, 2020 regulating foreign workers working in Vietnam and recruiting and managing Vietnamese employees working for organizations and individuals foreigners in Vietnam.

𝐋𝐈𝐍𝐂𝐎𝐍 𝐋𝐀𝐖 𝐅𝐈𝐑𝐌 – 𝐒𝐮𝐬𝐭𝐚𝐢𝐧𝐚𝐛𝐥𝐞 𝐜𝐨𝐨𝐩𝐞𝐫𝐚𝐭𝐢𝐨𝐧

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