EnglishFrom June 30, 2020, when EU-Vietnam Free Trade Agreement (EVFTA) and EU-Vietnam Investment Protection Agreement (EVIPA) were officially signed, the demand for foreign workers has become popular thanks to the increase of foreign investment projects in Vietnam.
This is a condition for organizations and businesses to attract foreign workers and it is necessary to find out the conditions and procedures to apply for a Work Permit for foreigners in Vietnam related to such demand for using foreign worker.
WHAT IS WORK PERMIT IN VIETNAM?
A work permit is a written approval for a foreigner to legally work in Vietnam. On the Work Permit, information about the employee will be stated, including personal information, the address of the organization where the foreign worker works and his position.
Subjects who are granted a work permit in Vietnam:
• Performance of employment contract;
• Investors contribute capital to Vietnamese companies, establish Vietnamese companies but contribute capital less than 3 billion Vietnam dong;
• Foreigners perform various types of contracts or agreements in terms of economics, commercel, finance, banking, insurance, science and technology, culture, sports, education, vocational training and health.
• Foreigners working for foreign non-governmental organizations, international organizations in Vietnam operating in accordance with Vietnamese law;
• Relatives of members of foreign representative offices in Vietnam are allowed to work in Vietnam according to the provisions of international treaties to which Vietnam is a contracting party.
• Service provider under the contract; Service offers;
• Participating in the implementation of bidding packages and projects in Vietnam;
• Managers, executives, experts, technical workers;
• People who are responsible for establishing a commercial presence;
APPLICATION FOR WORK PERMIT
For individual foreign workers:
• The employer's Application form for Vietnam work permit (Form No. 11/PLI Appendix I);
• Certified copy of valid passport;
• 02 4*6cm photos (white background, front view with a solid, a hat or headgear must be kept out, not wearing tinted lenses, taken within the past 06 months);
• The health certificate or health examination certificate issued by a competent foreign or Vietnamese medical agency or organization is valid for a period of 12 months;
• Criminal Record Certificate or written confirmation providing that the applicant is not serving a sentence or has not yet been expunged or is being examined for penal liability by a foreign country;
• Contracts or agreements signed between Vietnamese partners and foreign partners;
• Service supply contract signed between Vietnamese and foreign partners and documents proving that foreign workers have worked for foreign enterprises without commercial presence in Vietnam for at least 02 years;
• Documents proving that the foreign worker has been recruited by that foreign enterprise before working in Vietnam for at least 12 consecutive months;
For agencies and organizations sending foreign workers to work:
• Document of the foreign enterprise sending to work at the commercial presence of such foreign enterprise in the Vietnamese territory;
• Documents proving that the foreign worker has been recruited by that foreign enterprise before working in Vietnam for at least 12 consecutive months;
• Documents and papers proving that they are managers, executives, experts, technical workers and materials as prescribed for some jobs, industries and occupations with special requirements (football players, pilots, aircraft maintenance, crew embers, etc.)
Notes:
- The employer needs to apply for a work permit for the foreign worker of the company at the Department of Labor, Invalids and Social Affairs in the province where the foreign worker will work.
- All the above-mentioned documents of foreigners issued in foreign countries must be consular legalized, translated into Vietnamese and notarized before submission.
CASE OF RE-ISSUE OF WORK PERMIT
Foreign workers who have been issued a work permit and want to be re-issued must meet one of the following conditions:
• Work permit with the valid term is lost;
• Work permit with the valid term is damaged;
• Change of first and last name, nationality, passport number, working location stated in the valid work permit.
Application for re-issuance of a work permit:
• An application form for re-issuance of a work permit, form No. 11/PLI, Appendix I
• 02 4*6cm photos (white background, front view with a solid, a hat or headgear must be kept out, not wearing tinted lenses, taken within the past 06 months);
• The issued valid work permit, in case the work permit is lost, it must be certified by the local police agency;
• An approval letter of demand for using foreign workers;
Mokrica always updates the regulations on procedures related to Work Permit for foreigners, monitors the results and solves problems arising in your application with the reasonable costs and the best commitment!
