Advice on procedures to apply for a work permit for foreigners in Vietnam

Conditions and procedures for foreigners to work in Vietnam

Work permit for foreigners working in Vietnam

Foreigners who want to work in Vietnam need to meet the prescribed conditions. At the same time, the employer must follow the correct procedures for foreign workers.

Conditions for allowing foreigners to work in Vietnam

Regulations on conditions for allowing foreigners to work in Vietnam are included in Article 169 of the 2012 Labor Code. Specifically, foreigners who want to work in Vietnam must fully meet the following conditions:

• Foreign citizens who fully meet the following conditions:
• Full capacity for civil acts.
• Health, professional qualifications and skills to meet job requirements.
• Not committing a crime or being examined for penal liability in accordance with Vietnamese and foreign laws.
• Holders of a work permit issued by a competent Vietnamese state agency. Except for cases not in the scope of being granted a work permit under the provisions of the Labor Code.
• Foreign workers in Vietnam must comply with Vietnam's labor law, international treaties to which Vietnam is a member, and are protected by Vietnamese law.

Procedures for foreigners to work in Vietnam

Procedures for applying for a work permit for foreigners in Vietnam

Currently, the procedure to apply for a work permit for foreigners in Vietnam needs to follow 3 steps below.

Apply for a written approval of the need to employ foreign workers

At least 30 days before the time of using foreign workers, the employer (except for contractors) must submit a report explaining the need to employ foreign workers. The report shall be sent to the Ministry of Labor, War Invalids and Social Affairs or the Chairman of the provincial People's Committee.

Upon approval, the employer directly submits or mails the original application to the approval agency. Dossier according to the form of Circular 40/2016/TT-BLDTBXH. Within 8 hours, the agency receiving the original dossier will return the original approval result to the employer.

• Note: In the new regulation of Circular 23/2017/TT-BLDTBXH (effective from October 2, 2017), employers can apply via the portal.
• The procedure is as follows:
• Employers register for a portal account. Then submit the application, at least 20 days before the time of using foreign workers.
• Within 12 days of receiving the application, the approval agency will email the results to the employer. In case the dossier is not valid, the approving agency will notify the correction.

Receive approval letter, make application for work permit for foreigners

Dossier to apply for a Work Permit for a foreigner:

• Official letter approving the use of foreign workers.
• Application for a Work Permit.
• Health certificate / medical examination certificate issued by an authorized medical organization in Vietnam. Valid for less than 12 months from the date of application.
• Criminal record is issued no more than 6 months from the date of filing.
• Documents proving qualifications suitable for the job as managers, executives, experts or technical workers. For example, a degree, confirmation of experience from another company….
• Documents related to foreign workers.
• Particularly for occupations with special requirements (pilots, football players, aircraft maintenance...) or in the case of foreign workers providing services / performing contracts, offering services... in Vietnam, Ho Chi Minh City Profile includes: other documents as prescribed by law.

Employers can apply directly to the approval agency / submit via the portal. Time to issue work permits for foreigners in Vietnam:

• Submit directly to the competent authority: 7 working days from the date of receipt of a valid application.
• Submit application via electronic portal: 5 working days. If valid, the agency will issue a work permit. On the contrary, the agency notifies the correction of the profile. As soon as the Work Permit is received by email, the employer must submit the original dossier to the licensing agency. Also receive the original work permit.

Note: The documents of foreigners must be consular legalized. Then translate in Vietnamese, then notarize and authenticate before submitting.

Pay Work Permit

A sample work permit for foreigners

After following the above 2 steps, if the application is valid, the work permit will be returned by the agency. Otherwise, the agency will notify the request for correction until the dossier is valid.

What is Vinh Ha's consulting service on applying for a work permit for foreigners in Vietnam?

Vinh Ha Company is currently providing consultancy services on applying for work permits for foreigners in Vietnam. Specific work is as follows:

• Apply for a position approval letter for foreign workers working at the enterprise.
• Apply for a new/renewal/re-issue of a work permit.
• Assist in making annual reports on the use of foreign workers in the enterprise.

Through consulting services, the company is committed to bringing the highest efficiency to the business. At the same time, helping businesses optimize costs and save time.

Above is the procedure for applying for a work permit for foreigners in Vietnam. Vinh Ha's service is committed to reasonable costs, fast time, absolute confidentiality of information. Contact us now for detailed information and to use the company's services.