Conditions, documents and procedures for applying for a work permit in 2023

1. What is a work permit?

- According to current regulations, although there is no specific legal document defining the concept of a work permit, however, a work permit is simply understood as a type of legal document that allows foreign workers to Foreigners are legally allowed to work in Vietnam. For a work permit to be legally valid, it must be issued by the State management agency on labor in Vietnam.

- According to the provisions of Article 11 of Decree 152/2020/ND-CP and implementation instructions in Decision 526/QD-LDTBXH in 2021, the agency competent to issue work permits includes the Department of Employment under the Ministry Labor - Invalids and Social Affairs and the Department of Labor - Invalids and Social Affairs where foreign workers are expected to work, assign tasks to issue work permits to foreign workers at agencies , organizations and businesses are regulated.

- Specifically, the Department of Employment under the Ministry of Labor, War Invalids and Social Affairs has the authority to issue work permits to foreign workers working at international organizations and offices of foreign projects in Vietnam. , agencies and organizations permitted to establish and operate by the Government, Prime Minister, ministries and branches, non-business organizations, educational establishments permitted to be established and operated by the Government, Prime Minister, ministries and branches, enterprises has its headquarters in one province or city but has a representative office or branch in another province or city, and the foreign non-governmental organization is granted a registration certificate. Meanwhile, the Department of Labor and War Invalids and The society where the foreign worker is expected to work has the authority to issue work permits to foreign workers working at the remaining agencies, organizations, and enterprises, including enterprises with headquarters main office in one province or city but has a representative office or branch in another province or city.

2. Who needs to apply for a work permit

According to Article 151 of the 2019 Labor Code, a work permit is one of the mandatory conditions for most foreign workers when working legally in Vietnam. Except for exempt cases, foreign workers must apply for a work permit when performing the following forms:
- Implement labor contracts, move within the enterprise, implement all types of contracts or agreements on economics, trade, finance, banking, insurance, science and technology, culture, and sports. sports, education, vocational education and health.
- Being a service provider under contract, offering services, working for foreign non-governmental organizations operating in Vietnam
- As a volunteer, the person responsible for establishing a commercial presence.
- As a manager, CEO, expert, technical worker, participating in implementing bidding packages and projects in Vietnam.
- Be a relative of a member of a foreign representative agency in Vietnam who is allowed to work in Vietnam according to international treaties to which Vietnam is a member (based on Clause 1, Article 2 of Decree 152/2020/ND- CP).

3. Cases where work permits are exempted

Pursuant to Article 154 of the 2019 Labor Code and Article 7 of Decree 152/2020/ND-CP, there are 20 cases of work permit exemption for foreign workers when entering Vietnam to work:
- Head of representative office, project or main responsibility for operations of international organizations and foreign non-governmental organizations in Vietnam.
- Enter Vietnam to offer services for a period of less than 3 months.
- Entering Vietnam to handle incidents or complex technical or technological situations that affect or threaten to affect production and business in which Vietnamese and foreign experts are staying. Vietnam cannot handle it within a time limit of less than 3 months
- Be a foreign lawyer who has been granted a license to practice law in Vietnam.
- Cases specified in international treaties to which Vietnam is a member.
- In case of marrying a Vietnamese person and living in Vietnam.
- Be an owner or capital contributing member of a limited liability company with capital contribution value of 03 billion VND or more.
- Be the Chairman or member of the board of directors of a joint stock company with capital contribution value of 03 billion VND or more. Moving within enterprises in 11 service industries in Vietnam's service commitments with the World Trade Organization.
- Entering Vietnam to provide professional and technical consulting services or perform other tasks serving research, development, appraisal, monitoring, evaluation, management and program implementation , ODA capital project.
- Licensed by the Ministry of Foreign Affairs to operate information and press activities in Vietnam.
- Being sent to Vietnam by a foreign agency or organization to teach and research at an international school under the management of a foreign diplomatic representative agency or the United Nations.
- Establishments and organizations established under agreements that Vietnam has signed and participated in.
- Volunteers come to work in Vietnam voluntarily and without salary to implement international treaties of which Vietnam is a member and have confirmation from foreign diplomatic missions or international organizations in Vietnam. Vietnam.
- Enter Vietnam to work as a manager, executive director, expert or technical worker for less than 30 days and no more than 03 times in 01 year.
- Enter Vietnam to implement international agreements signed by agencies and organizations at the central and provincial levels.
- Pupils and students studying at schools and training facilities abroad with internship agreements in agencies, organizations, and businesses in Vietnam; interns and trainees on Vietnamese ships.
- Relatives of members of foreign representative agencies in Vietnam are allowed to work in Vietnam according to international treaties.
- Have an official passport to work for a state agency, political organization, or socio-political organization.
- Person responsible for establishing commercial presence.
- Confirmed by the Ministry of Education and Training to enter Vietnam to teach and research

Instead of applying for a work permit, the above cases must carry out confirmation procedures or report on cases where foreign workers are not eligible for a work permit.

4. What are the conditions for issuing a work permit?

Conditions for granting work permits to foreign workers in Vietnam are specifically stipulated in the Labor Code, including:
- Be 18 years old or older and have full civil capacity
- Have professional qualifications, techniques, skills, work experience and good health according to regulations of the Ministry of Health; Not convicted or currently serving a sentence
- Have a written approval of the need to use foreign workers from a competent authority, except for exceptional cases that do not require determining the need to use foreign workers.

5. Procedures for applying for a work permit

5.1. What documents are included in the application for a work permit?

According to Decree 152/2020/ND-CP and Decision No. 526/QD-LDTBXH in 2021, to apply for a work permit for foreigners, the following documents need to be prepared:
1. Written request for a work permit according to the form
2. Original or certified copy of health certificate valid for 12 months.
3. Original or certified copy of a criminal record card or document certifying that you are not serving a sentence, have not had your criminal record erased, or are being prosecuted for criminal liability.
4. Original or certified copy of documents or documents proving position such as manager, executive director, expert, technical worker or certain professions and jobs.
5. 2 color photos, size 4x6cm, white background, taken within 6 months.
6. Original or certified copy of the document approving the need to use foreign workers, unless there is no need to use workers.
7. Certified copy of valid passport.
8. Original or certified copies of other documents related to foreign workers, proving eligibility for internal transfer within the enterprise, performance of economic and trade contracts or agreements, finance, banking, insurance, working for foreign non-governmental organizations, international organizations, managers, executives, experts, technical workers.

Note: Documents issued by foreign agencies, organizations, and businesses need to be consular legalized (except in exempt cases) and translated into Vietnamese with authentication.

5.2. What are the procedures for applying for a work permit?

According to the provisions of Decree 152/2020/ND-CP, before a unit employing foreign workers submits an application for a work permit for foreigners, this unit must request written approval from the Ministry of Labor. Labor - Invalids and Social Affairs or Provincial People's Committee on the use of foreign workers.
After receiving the written approval, the foreign worker or the foreign employer must carry out the procedures for applying for a work permit as follows:
Step 1: Prepare complete documents for work permit application.
Step 2: Submit application to the Ministry of Labor, War Invalids and Social Affairs or the Department of Labor, War Invalids and Social Affairs where the foreign worker plans to work.
The application deadline is at least 15 days before the expected start date of work in Vietnam. The applicant can be a foreign worker or an agency, organization or enterprise employing foreign workers, depending on the case.
Step 3: Come get your work permit.
Processing time is within 05 working days from the date of receiving complete and valid documents. The Ministry of Labor, War Invalids and Social Affairs or the Department of Labor, War Invalids and Social Affairs will issue a work permit to the foreign worker. outside.
If a work permit is not granted, the Ministry of Labor, War Invalids and Social Affairs or the Department of Labor, War Invalids and Social Affairs will respond in writing and clearly state the reason.

5.3. How much is the work permit fee?

According to Decision No. 526/QD-LDTBXH 2021, if foreigners are granted a work permit by the Ministry of Labor, War Invalids and Social Affairs, they will not have to pay any fees. However, if the license is issued by the Department of Labor, War Invalids and Social Affairs, the person doing the procedure will have to pay a certain fee.
According to Article 3 of Circular No. 85/2019/TT-BTC, fees for issuing work permits for foreign workers working in Vietnam will be decided by the Provincial People's Council. Therefore, fee levels may vary depending on each locality.
Currently, the fee usually ranges from about 400,000 VND - 1 million VND.

6. What are the penalties for not having a work permit?

In case of using foreign workers without a license, both the employer and the foreign worker will be punished according to the provisions of Article 32 of Decree No. 12/2022/ND-CP.
Specifically, foreign workers will be fined from 15 million VND to 25 million VND and forced to exit or deported from Vietnam (according to point a, clause 3 and clause 5, Article 32Decree 12/2022/ND-CP).
Foreign employers will be fined from 30 million VND to 75 million VND, depending on the number of foreigners they employ without a work permit. Specifically, if employing from 01 to 10 foreigners, the fine will be 30 - 45 million VND; If employing 11 to 20 foreigners, the fine will be 45 - 60 million VND; If employing 21 or more foreigners, the fine will be 60 - 75 million VND.