Navigating the process of applying for a Vietnam work permit can be complex for both foreign workers and employers. This guide provides comprehensive instructions on the updated regulations and procedures. On September 18, 2023, the Government issued Decree No. 70/2023/ND-CP, which revises Decree No. 152, addressing the employment of foreign workers in Vietnam and the management of Vietnamese employees hired by foreign entities.
A work permit is an official document allowing a foreigner to work in Vietnam, ensuring legal employment and the protection of labor rights. Meeting specific legal criteria is essential for obtaining a work permit in Vietnam.
Conditions for Applying for a Vietnam Work Permit
As per Article 151.1 of the Labor Code 2019, the following conditions must be met for legal employment in Vietnam:
- Age and Legal Capacity: Must be at least 18 years old and possess full legal capacity.
- Qualifications and Health Standards: Should have the necessary technical, professional, or occupational qualifications and meet the health standards set by the Minister of Health.
- Criminal Record: Must not have a criminal record or be under criminal prosecution in Vietnam or abroad.
- Work Permit: Must hold a valid work permit issued by a competent Vietnamese authority, except in specific exempted cases.
Eligibility for a Work Permit
Under Decree 152/2020/ND-CP, foreigners in Vietnam for the following purposes are eligible for a work permit:
- Executing labor contracts.
- Participating in intra-company transfers.
- Engaging in business, commerce, finance, banking, insurance, science, technology, culture, sports, education, and health contracts.
- Providing independent services.
- Working for licensed foreign NGOs or international organizations.
- Serving as managers, executives, experts, or technicians.
- Participating in bid contracts or projects.
Application Process: Key Timelines and Documentation
When to Apply
According to the Labor Code 2019 and Decrees No. 152/2020/ND-CP and 70/2023/ND-CP, the employer or their representative must submit the work permit application to the Department of Labor, Invalids, and Social Affairs (DOLISA) at least 13 working days before the foreigner’s start date.
Application Procedure
Step 1: Approval for Hiring Foreign Workers
Submit an application for approval of the demand for foreign workers at least 15 days before the foreign employee’s start date, including:
- Registration form for foreign worker demand (Form No. 01/PLI).
- Certified copy of business registration.
- Letter of attorney if not submitted by the company’s legal representative.
These documents can be submitted to DOLISA either in person or online at the National Public Service Portal.
Step 2: Prepare Documents for the Work Permit
Required documents include:
- Application form (Form No. 11/PLI).
- Health check certificate issued in Vietnam or legalized if issued abroad, with a certified translation.
- Police check certificate issued within the last six months.
- Certified copy of a valid passport.
- Approval letter from Step 1.
- Two passport-sized photos.
- Legalized documents proving the applicant’s eligibility, with certified translations.
Step 3: Submit Documents to Obtain the Work Permit
Submit the documents online to MOLISA or DOLISA at least 15 days before the start date. Upon notification, bring the original documents for comparison and receive the official approval letter.
Processing Time and Costs
The processing time for a work permit application is approximately 1.5 to 2 months. Costs vary by location:
- Issuance: VND 600,000 per permit.
- Re-issuance: VND 450,000 per permit.
- Extension: VND 450,000 per permit.
Work Permit Validity and Renewal
Initially valid for up to 2 years, a work permit can be renewed once for another 2 years. After expiration, the employer must reapply if the foreign employee is to continue working in Vietnam.
Amendments to Foreign Employment Regulations
Decree No. 70/2023/ND-CP aims to streamline the process and reduce bureaucracy, prioritizing Vietnamese workers. MOLISA now handles work permits and oversees foreign worker affairs. Companies must inform authorities of foreign hires 15 days before employment and advertise job vacancies to Vietnamese nationals for at least 15 days before considering foreign candidates.
Work Permit Criteria for Experts and Technicians
The decree simplifies the criteria for experts and technicians by focusing on practical experience rather than strict educational requirements.
Expert Criteria:
- University degree and at least 3 years of relevant experience, or
- Minimum of 5 years of relevant experience, or
- Special cases approved by the Prime Minister.
Technician Criteria:
- Professional training of at least one year and 3 years of relevant experience, or
- At least 5 years of relevant experience.
Work Permit Eligibility for Business Managers and CEOs
Documentation required for business managers includes the enterprise’s charter, registration certificate, and appointment decision. CEOs must lead a branch, representative office, or oversee a department.
Exemptions and Special Cases
Some foreign workers may be exempt from obtaining a work permit by obtaining an exemption certificate, valid for up to 2 years, facilitating temporary residence card applications.
In summary, understanding and complying with Vietnam’s work permit regulations is essential for foreign workers and their employers. This guide provides the necessary information to navigate the process effectively.
Work Permit Services for Foreign Workers with Warren B.
A Vietnam work permit allows foreign workers to legally work and engage in profit-generating business activities in Vietnam. Choosing Warren B. for your work permit needs ensures a seamless and professional experience. Here’s why:
1. Extensive Experience: With years of expertise, Warren B. specializes in navigating the intricacies of work permits in collaboration with the Department of Labor, Invalids, and Social Affairs.
2. Transparent Pricing: Our service fees are clearly communicated upfront, ensuring no hidden costs. We guarantee transparency with no additional charges after the initial agreement.
3. Commitment and Responsibility: We enter into a formal agreement outlining the rights and obligations of each party, providing assurance and accountability throughout the work permit application process.
4. Nationwide Support: No matter where you are in Vietnam, we offer comprehensive support to help you apply for your work permit efficiently.
5. Exceptional Customer Service: Enjoy 24/7 support through chat, phone, and email. Our dedicated team prioritizes customer satisfaction and is always ready to assist you.
At Warren B., customer satisfaction and benefits are our top priorities. Contact us with your details, and we will promptly provide you with all the necessary updates and assistance to secure your Vietnam work permit.