Work permits are documents that permit foreigners to legally work in Vietnam. So, how is the procedure of granting work licenses to foreigners in Vietnam? Hong Bang Law Firm having a team of experienced lawyers in this industry would like to consult as follows:

Legal basis

• Labor Code No. 45/2019/QH14 of the Government issued on November 20, 2019;
• Decree No. 152/2020/ND-CP dated November 20, 2019 on foreign workers working in Vietnam and recruitment and management of Vietnamese workers working for foreign employers in Vietnam;
• Circular No. 23/2017/TT-BLDTBXH dated August 15, 2017 of the Ministry of Labor, guidance on online issuance of work permit to foreign workers in Vietnam.

Procedure

Step 1: Register for demand for employment of foreign workers

Except for contractors, all employers wishing to employ foreign workers need to prepare a dossier explaining about his/her demand for employment of foreign workers to submit to the Ministry of Labor, Invalids and Social Affairs or the Provincial People’s Committee for approval from this authority at least 30 days before the scheduled date of use of foreign workers.

Dossier

• Copy of enterprise registration certificate
• The declaration or explanation about demand for employment of foreign workers, which may be:
• Form 01/PLI explanation letter issued together with Decree 152/2020/ND-CP if this is the first time the employer has registered and received approval to employ foreign workers, OR
• The written explanation according to form 02/PLI issued together with Decree No. 152/2020/ND-CP if the employer has been approved to employ foreign workers but has changed the demand for use.
• A referral/authorization documents (if the applicant is not a legal representative of the enterprise).

Competent authority: The Ministry of Labor, War Invalids and Social Affairs or the People’s Committee of the province or municipality where foreigners will work.

The time for approval is 10 working days.

Step 2: Prepare work permit application

In the process of waiting for approval in Step 1, foreign workers and employers will prepare the following documents:

• The application form for issuance of work permit for foreign worker according to form No. 11/PLI ;
• Consular legalization and Vietnamese translation of health certificates examined abroad or original health examination results in Vietnam at hospitals, clinics, with qualified health departments as prescribed by the Ministry of Health (within 12 months)
• Consular legalization and Vietnamese translation of judicial records of foreigners issued abroad or original judicial records issued in Vietnam, issued within 6 months;
• Notarized copies of passports and visas of foreigners.
• Documents proving to be managers, executives, experts, technical workers, teachers (University degree, certificate of foreign work experience of at least 03 years, etc.). These documents need to be consular legalized and translated into Vietnamese.
• 02 color photos, size 4×6, white background, no glasses.
• Documents related to foreign workers (decision on appointment of the parent company, labor contract, company charter …)

Then, when there is a written notification of approval for the position of employment of foreign workers issued as step 1, the employer will extra submit the original text of it to the work permit dossier.

Step 3: Apply for a work permit

Applications for work permits should be submitted to the Ministry of Labor, Invalids and Social Affairs or the Department of Labor, Invalids and Social Affairs in the province where the foreign worker is expected to work at least 15 days before the date the foreign worker start working. If the application is sufficient and valid, the applicant will pay the fee for making work permit and receive results as scheduled. Otherwise, the applicant will be instructed to supplement the application.

Step 4. Get a work permit

Within 05 days from the date of valid application for issuance of work permits to foreign workers.

Services of Hong Bang Law Firm

• Advise clients to prepare dossiers;
• Support clients to notarized and certify documents of foreign countries (if any);
• Draft, prepare and check the validity of the dossier;
• Represent clients to carry out procedures with competent authority;
• Hand over the results to the clients.

If you need more detailed advice and answers as well as how to access this service, please contact directly our Lawyer Nhat Nam via hotline: 0912.35.65.75, 0912.35.53.53 or call the toll free legal consultation hotline 1900.6575 or send a service request via email: lienheluathongbang@gmail.com

Wishing you and your family good health, peace and success!

Best regards!