Refer to the detailed conditions, procedures for applying for a work permit for foreign workers, and the cases where a work permit is required in this article by Anpha.
A work permit (or more precisely work permit for foreigners working in Viet Nam) is an official document that allows foreign individuals to work in Vietnam. With the increasing demand for foreign labor in Vietnam, Anpha has compiled and provided some important information regarding the procedures for applying for a work permit for foreigners in the article below.
Five conditions for granting a work permit to foreigners in Vietnam
According to current legal regulations, foreigners wishing to apply for a work permit in Vietnam must be of foreign nationality and meet the following conditions:
- At least 18 years old;
- Have full legal capacity;
- Possess professional qualifications and work experience, and meet health requirements set by the Minister of Health in Vietnam;
- Not be serving a sentence, have not had their criminal record expunged, or be under criminal investigation;
- Be granted a written approval for the need to employ foreign workers.
The procedure for applying for a work permit for foreign nationals in Vietnam includes the following two steps:
➨ Step 1: Procedure for requesting approval for the need to employ foreign workers
The application file for registering the need to employ foreign workers is detailed in the table below:
For businesses submitting their application for the first time to request approval for the need to employ foreign workers:
- A report explaining the need to employ foreign workers (Form 01/PLI, Appendix I, issued with Decree No. 152/2020/ND-CP);
- A notarized copy of the business registration certificate.
For businesses that have already been approved to employ foreign workers:
- A report explaining the change in the need to employ foreign workers (Form 02/PLI, Appendix I, issued with Decree No. 152/2020/ND-CP);
- A notarized copy of the business registration certificate.
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At least 15 days before the intended employment of foreign workers, the employer must submit the application to the The Ministry of Labour - Invalids and Social Affairs or to the Chairman of the provincial People's Committee.
Within 10 working days from the date of receiving the application from the business, the competent authority will issue a written response regarding the approval or denial of the request.
➨ Step 2: Procedure for applying for a work permit for foreign workers
Employers must submit the application for a work permit for foreign workers to the The Ministry of Labour - Invalids and Social Affairs at least 15 working days before the worker is expected to start working in Vietnam.
The application file for a work permit for foreign workers in Vietnam is as follows:
For the employer, the following documents must be prepared:
- Application form for a work permit (Form 11/PLI - Appendix 11 of Decree No. 152/2020/ND-CP);
- Written approval for the need to employ foreign workers (issued in Step 1);
- Notarized copy of the business registration certificate.
For the foreign worker, the following documents must be prepared:
- Health certificate issued in either the foreign country or Vietnam, in accordance with the Vietnam Ministry of Health's regulations;
- Judicial record card issued in the foreign country or Vietnam;
- Notarized copy of the passport;
- 2 ID photos (4x6 cm) with a white background;
- Document proving the position of a Manager, CEO, Expert, or Technical Worker (*).
(*) The document proving the position will vary depending on the case, specifically:
>> In the case of a worker being a manager or CEO: A document confirming that the worker has held a management or CEO position for at least 3 years.
>> In the case of a worker being an expert: A university degree and at least 3 years of work experience in the field relevant to the position the worker is expected to hold in Vietnam.
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Within 5 working days from the date of receiving a complete and valid application, the competent authority is responsible for issuing the work permit if the application is valid, or issuing a notice requesting corrections or adjustments if there are any errors.
The work permit fee: The fee for issuing a work permit may vary depending on the locality and is determined by the Provincial People's Council.
Note:
- Documents issued by foreign countries (such as university degrees, work experience verification, health certificates, etc.) must be consular legalized and translated with notarization before submission.
- The work permit for foreign workers in Vietnam has a maximum validity of 2 years. When the work permit expires, if the employer wishes to continue employing foreign workers, they must apply for an extension of the work permit. The work permit can only be extended once, with a maximum extension period of 2 years.
>> See more: Vietnam visa and temporary residence card
Foreign individuals who need to apply for a work permit
According to the provisions of Decree 152/2020/ND-CP, foreign nationals, except for the following cases, must apply for a work permit when working in Vietnam:
- Performing a labor contract;
- A foreign worker employed by a foreign company for at least 12 months, transferred to work at the company's commercial presence in Vietnam;
- A foreign worker performing contracts or agreements in economics, commerce, finance, banking, science and technology, culture, education, vocational education, sports, insurance, and healthcare;
- A foreign worker with at least 2 years of experience in a foreign company without a commercial presence in Vietnam and meeting the expert category conditions;
- A foreign worker involved in activities related to negotiating or marketing services for service providers in Vietnam (but not directly selling or providing services);
- A foreign worker working for international organizations or foreign non-governmental organizations allowed to operate in Vietnam according to Vietnamese law;
- A foreign worker volunteering without receiving salary;
- A person responsible for establishing a commercial presence of a foreign enterprise in Vietnam;
- A foreign worker in managerial, executive, expert, or technical roles;
- A foreign worker participating in projects or bidding packages in Vietnam;
- A foreign worker who is a family member of a foreign diplomatic representative in Vietnam is allowed to work in Vietnam under international agreements to which Vietnam is a party.
However, currently, the most common cases for foreign workers applying for a work permit in Vietnam are positions such as managers, experts, technical workers, or executives.
Note:
- When a labor contract is terminated or in certain other cases, the issued work permit will be revoked.
- If a foreign worker is working in Vietnam without a work permit, both the worker and the employer will face penalties. The forms and levels of penalties are specified in Decree 28/2020/ND-CP.
- There are some cases in which foreign workers in Vietnam are exempt from needing a work permit. However, to work in Vietnam, these workers must still apply for a work permit exemption.
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Above are the insights shared by Anpha regarding the procedure for applying for a work permit for foreign workers. If your business needs to apply for a work permit for foreign labor, experts, technical staff, etc., you can refer to the following:
Work permit service for foreigners at Anpha:
- All-in-one service only from 6.000.000 VND;
- Completion of procedures within 20 - 25 days;
- Support for issuing new work permits, extensions, and reissuances of work permits.
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Frequently asked questions about applying for a work permit for foreigners
1. What are the conditions for issuing a work permit for foreign workers?
Foreigners wishing to apply for a work permit to work in Vietnam must meet the following conditions: they must be foreign nationals, at least 18 years old, have full legal capacity, meet health conditions, and possess the necessary qualifications and degrees relevant to the job requirements in Vietnam.
2. What is the procedure for applying for a work permit for foreign workers?
Employers hiring foreign workers must follow these steps to apply for a work permit:
- Step 1: Request approval for the need to employ foreign workers.
- Step 2: Apply for the work permit at the Department of Labor, Invalids, and Social Affairs.
3. What are the required documents for applying for a work permit?
The application for a work permit for foreign workers in Vietnam includes the following:
- For the employer: Application form for a work permit; written approval for the need to employ foreign workers; a notarized copy of the business registration certificate.
- For the foreign worker: Health certificate; criminal record certificate; notarized copy of the passport; 2 passport-sized photos (4x6 cm) with a white background; a document proving the position is that of a manager, executive, expert, or technical worker.
>> For detailed reference: Application for a work permit for foreign workers.
4. What is the validity period of a work permit?
The work permit for foreign workers in Vietnam is valid for a maximum of 2 years. The work permit can be extended, but only once, with a maximum extension period of 2 years.
5. What is the state fee for a work permit?
The fee for issuing a work permit may vary depending on the locality, as determined by the Provincial People's Council.
6. What should be done if a work permit exemption applies?
Foreign workers who are exempt from a work permit must complete the procedure to determine the need for employing foreign workers, followed by applying for an exemption confirmation for the work permit.
Call us now 0984 477 711 (Northern) - 0903 003 779 (Central) - 0908 742 789 (Southern) for assistance!