Tiếng Việt
中文 (中国)
Foreign workers need a work permit in order to legitimately work in Vietnam. Thus, how do you obtain a work permit? How much does it cost to apply for a work permit?
What are the conditions for being granted a work permit in Vietnam?
The Labor Code 2019 and related documents do not specifically stipulate the conditions for granting work permits, but according to Clause 1, Article 151 of the Labor Code 2019, and Article 9 of Decree 152/2020/ND-CP, Foreign workers are granted a work permit when fully meeting the following conditions:
- Being 18 years or older and having 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 sentence or has not yet had his/her criminal record cleared or being examined for penal liability in accordance with foreign or Vietnamese laws;
- Having a written approval of the need to use foreign workers from a competent authority, except for cases where the need to employ foreign workers is not required.
Who is eligible for a work permit?
According to the provisions of Clause 1, Article 2 of Decree 152/2020/ND-CP, foreign workers working in Vietnam in the following forms will be eligible for a work permit:
- Execution of labor contract.
- Moving within the enterprise.
- Performing all kinds of contracts or agreements on economy, commerce, finance, banking, insurance, science and technology, culture, sports, education, vocational education, and health.
- Contracted service provider.
- Offering services.
- Working for foreign non-governmental organizations, international organizations in Vietnam are allowed to operate.
- Volunteers.
- A person is responsible for establishing a commercial presence.
- Managers, executives, experts, and technical workers.
- Participating in the implementation of bidding packages and projects in Vietnam.
- Relatives of members of foreign representative missions in Vietnam are allowed to work in Vietnam under international treaties to which Vietnam is a signatory.
What documents are required to apply for a work permit in Vietnam?
Pursuant to Article 9 of Decree 152/2020/ND-CP and Decision No. 526/QD-LDTBXH in 2021, an application for a work permit for a foreigner includes the following documents:
- A written request for a work permit is made according to the form.
- The health certificate is valid for 12 months.
- Judicial record card or written certification that he is not serving a penalty or has not had his criminal record cleared or is being examined for penal liability.
- Documents and papers prove that they are managers, executives, experts, technical workers, and a number of occupations and jobs.
- 02 color photos 4×6 cm, white background, photos were taken not older than 06 months.
- Written approval of the need to employ foreign workers, except for cases where the need for employment of foreign workers is not required.
- Certified copy of valid passport.
- Other documents related to foreign workers.
Procedures for issuance of work permits in Vietnam
Before submitting an application for a work permit for a foreigner, the enterprise employing foreign workers is responsible for applying for written approval of the use of foreign workers at the Ministry of Labor, Invalids and Social Affairs or the People’s Committee of the province.
After obtaining written approval of the need to employ foreign workers, the foreign worker or the employer shall carry out the procedures for applying for a work permit as follows:
Step 1: Fully prepare the required documents.
Step 2: Submit your dossiers.
Place of application: Ministry of Labor – Invalids and Social Affairs or Department of Labor – Invalids and Social Affairs where the foreign worker is expected to work.
Time limit: At least 15 days before the expected date of starting working in Vietnam.
Submitter: Depending on the case, the person submitting the application can be a foreign worker or an agency, organization, or enterprise employing foreign workers:
Agencies, organizations, and enterprises shall submit dossiers if they accept foreigners to work in the following forms:
- Labor contract.
- Moving within the enterprise.
- Working for foreign NGOs and international organizations in Vietnam.
- Volunteers.
- Managers, executives, experts, and technical workers.
- Performing all kinds of contracts or agreements on economic, commercial, financial, banking, insurance, scientific and technical, cultural, sports, education, vocational education, and health sectors.
- Contracted service provider.
The foreign workers can submit the application by themselves if:
- entering Vietnam to offer services.
- A person is responsible for establishing a commercial presence.
Processing time: Within 05 working days from the date of receiving complete and valid dossiers, the Ministry of Labor – Invalids and Social Affairs or the Department of Labor – Invalids and Social Affairs will issue work permits to foreign workers.
In case of refusal to issue a work permit: Answer in writing and clearly state the reason.
What is the cost of the work permit in Vietnam?
According to the guidance in Decision No. 526/QD-LDTBXH in 2021, if a foreigner falls into the case of a work permit issued by the Ministry of Labor, Invalids, and Social Affairs, there is no charge.
Meanwhile, in the case of a work permit issued by the Department of Labor, Invalids, and Social Affairs, the person applying for a work permit for a foreigner will have to pay a certain fee.
Pursuant to Article 3 of Circular No. 85/2019/TT-BTC, the fee for granting work permits to foreign workers working in Vietnam will be decided by the Provincial People’s Council. Therefore, depending on the locality, the fee for granting a work permit will be different.
Fees usually range from about 400,000 VND to 1 million VND.
How long is the work permit valid?
According to Article 10 of Decree 152/2020/ND-CP, the duration of a newly issued work permit is determined in one of the following cases:
- By the term of the labor contract expected to be signed.
- Equal to the duration of the foreign party sending foreign workers to work in Vietnam.
- By contract term or agreement between Vietnamese and foreign partners.
- By the contract term or service provision agreement between Vietnamese and foreign partners.
- By the time limit specified in the document of the service provider sending the foreigner to Vietnam for negotiation.
- Equal to the duration specified in the operation license of the agency, organization, or enterprise.
- By the time limit specified in the document of the service provider sending a foreigner to Vietnam to establish a commercial presence.
- By the time limit specified in the document proving that he/she can participate in the operation of a foreign enterprise that has established a commercial presence.
- By the time limit specified in the written approval to employ foreign workers, unless a report explaining the need to employ foreign workers is not required.
Maximum term of work permit: 02 years.
Can an expired work permit be extended?
Article 16 of Decree 152/2020/ND-CP lists the conditions for the extension of a work permit as follows:
Article 16. Conditions for extension of work permits
- The issued work permit is still valid for at least 05 days but not more than 45 days.
- Get approval from the competent authority for the need to employ foreign workers specified in Article 4 or Article 5 of this Decree.
- Documents prove that the foreign worker continues to work for the employer according to the contents of the issued work permit.
With the above provisions, in case the work permit expires but does not exceed 45 days, it is still allowed to apply for an extension but must be approved by the competent authority and have documents proving that the foreign worker is employed. This will continue to work for the user according to the content of the issued work permit.
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