The ins and outs of getting a Vietnamese work permit

[ASEAN NOW News]

Vietnam work permit is an official certificate issued by the Department of Labor, Invalid and Social Affairs to allow its holder to work in Vietnam legally.

 

According to Vietnam Visa it cannot be applied directly by the workers/foreigners, but with the assistance of their employers or a service center in Vietnam.

 

And Vietnam work permit is an important paper to apply for a temporary residence card or a working visa for Vietnam. It is currently well governed by the Labor Code No. 45/2019/QH14 and the Decree No. 52/2020/ND-CP.

 

Vietnam work permit sample

 

To be eligible for Vietnam work permit application, the foreigners must have employment in a company/entity registered and recognized in Vietnam.

 

Here are the details about the work permit for Vietnam.

 

Vietnam Work Permit Requirements

 

To get a work permit in Vietnam, applicants must meet the following requirements:

 

Over 18 years old.

 

Have a good health condition that satisfies the job’s specific demands and requirements.

 

Free of any criminal record in their country or a national security offense, not currently facing criminal prosecution, or not serving a criminal sentence by the Vietnamese and foreign policemen during the assignment.

 

Meet the requirements for the job positions for Vietnam work permit as follows:For foreign experts:

 

Having a bachelor’s degree or higher or equivalent and a certificate of at least 3 years of experience working in the trained field relevant to the job position the foreign worker is expected to work for in Vietnam; or

Having a certificate of at least 5 years of experience working in the trained field relevant to the job position the foreign worker is expected to work for in Vietnam.

 

Technical workers

 

Having been trained in technical or other fields for at least 01 year and having worked for at least 03 years in that field, or

Having a certificate of at least 05 years of working experience in a job suitable for the position expected to be work in Vietnam,

 

The company where the foreigner is working has a suitable line of business on its business registration certificate.

 

Directors, CEOs …

 

Decision on the appointment, and

Having a certificate of at least 03 years of working experience in the relevant position.

Have documents issued in foreign countries legalized.

 

Vietnam Work Permit Initial Assessment

 

Many foreigners have failed to get their work permits just due to non-matching of their available documents and expected work permit job position.

 

As such, the first step towards a successful Vietnam work permit application is getting an evaluation for your case.

 Fill out our online evaluation form, and we will get back to you within 04 working hours to discuss your eligibility for your expected job position and work permit options.

 

When to Apply for Vietnam Work Permit?

 

According to the Circular No. 23/2017/TT-BLDTBXH guiding the online grant of work permits to foreign workers in Vietnam, the foreigner’s employer or his agent shall, at least 13 working days before  the date the foreigner is expected to start working, fill in the request form and required documents to the Department of Labor, Invalids and Social Affairs to apply for the work permit.

 

How to apply for a Vietnam work permit?

 

Here are the procedures and documents to get a work permit in Vietnam that both employer and foreign employee should follow:

 

Step 1: Apply for Approval of Demand on using foreign workers.

 

At least 30 days before the expected date when the foreign worker starts his/her work at the company, the employer shall submit the application for approval of demand on using foreign workers.

 

In this step, the employer needs to prepare the following documents:

 

Registration form for demand on using foreign workers (Form No. 01/PLI under the Decree No. 152/2020/ND-CP or Form No. 02/PLI in case of changes of demand on using foreign workers);

Certified copy of business registration.

Letter of attorney in case the submitter is not the company’s legal representative.

 

Then, all these documents will be submitted, directly at the Ministry of Labor, War Invalids and Social Affairs or People’s Committee of the province where the foreigner is expected to work; or

online at this site. 

 

Processing time is fifteen working days (for direct submission) and twelve working days (or online submission).

 

Step 2: Prepare documents for work permit:

 

The employer will need to prepare the following documents:

 

Application form for Vietnam work permit (Form No. 11/PLI);

Original health check issued in Vietnam or legalized health check if issued abroad attached with its certified Vietnamese translation. The health check should be issued within the last 12 months.

 

Original Vietnam Police Check or legalized police check if issued abroad attached with its certified Vietnamese translation. The police check should be issued within the last 6 months.

 

Certified copy of valid passport.

 

Approval letter obtained in Step 1.

 

02 4*6cm photos.

 

Legalized copy documents proving the foreigner’s eligibility for applying position attached with their certified Vietnamese translation.

 

Quantity: 01 set

 

Step 3: Submit documents to get work permit in Vietnam.

 

At least 15 days before the expected date when the foreign worker starts his/her work at the company, the employer shall submit the documents prepared to the Ministry of Labor, War Invalids and Social Affairs or the Department of Labor, Invalids and Social Affairs of the province where the foreigner is expected to work. 

 

Step 4: Get the result.

 

The employer shall get the work permit issued in form 12/PLI within 05 working days after submitting full valid documents. In case of getting refused, the employer will get the clarifications.

 

Vietnam work permit processing time and cost

 

The work permit request processing time is totally twenty working days (after receiving full required documents), including:

 

15 days for approval of demand for employing foreigners.

 

05 working days for granting the work permit.

 

But all are highly recommended to carry out the procedure at least 30 days before the expected work start date of the foreigners.

 

The cost for Vietnam work permit varies by the province/city where you submit your application forms.

 

Vietnam Work Permit Validity and Extension

 

As provided for in Decree No. 152/2020/ND-CP, a work permit is valid for up to 02 years, and it can be extended once for further 02 years following this Vietnam work permit extension procedure. Click here.

 

When the extended work permit becomes expired, the employer shall follow the same procedure to obtain a new work permit if he/she wishes to further employ such a foreign employee.

 

Vietnam Work Permit Termination

 

A work permit may be terminated if:

 

The work permit has expired.

 

Labor contract has been terminated.

 

The content of the labor contract is not consistent with the granted work permit.

 

The contracts of business, trade, finance, banking, insurance, science and technology, culture, sports, education, or medicine have been expired or terminated.

 

The foreign employer announced the termination of the foreign employee working in Vietnam.

 

Work permit issued by authorized state agency has been withdrawn.

 

The operation of the company, organization, and partners in Vietnam has been terminated.

 

The validity of the work permit for Vietnam is 2 years.

 

And then, if you wish to work in Vietnam for longer, you can apply for work permit extension. But if you want to return to your home country or move to another country for work, before leaving Vietnam, your Work Permit needs to be canceled with the assistance of the Department of Labor, Invalids and Social Affairs. Foreign employees should return the permit to their employer within fifteen (15) days from the date that their employment ends. It is the employer’s responsibility to submit the permit with a notification letter to the local office of the Labor Department.

 

Applying for work permits in Vietnam can be complicated if you do not have adequate local knowledge or experience as the procedure requires different steps and documents which may be subject to the change of legal regulation.

 

And of course, regulations are changing all the time too.

 

Vietnam-visa’s experts in Hanoi and Ho Chi Minh City may help you with Vietnam work permit service, in which they will:

 

Update you with the latest regulations on Vietnam work permits.

 

Minimize your documents to be submitted for work permit application.

 

Instruct you how to prepare and where to get all the necessary documents.

 

Check for legality as well as logics of your documents.

 

Follow all the procedures with the Vietnam Department of Labor, Invalids and Social Affairs on your behalf,

update your work permit processing status, and

save your time for other businesses.

 

If you need help, you can contact Vietnam-Visa here.

 

Good luck

 

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