Details of requirements for applying for a Vietnam work permit for foreigners

Vietnam Work Permit

The Vietnam work permit is a document that allows foreigners to work legally in Vietnam. The work permit contains information about the worker, including full name, passport number, date of birth, nationality, passport number; name and address of the employing organization, and the position of work.

Therefore, the work permit for foreigners can be understood as a type of license in which the competent state agency in Vietnam assesses the basic conditions of Vietnamese law for each case of foreign workers who wish to work or work in Vietnam, in accordance with the Labor Law and relevant guidance documents. In this article, Quan Lieu Service would like to provide readers with useful information detailing the requirements for applying for a Vietnamese work permit for foreigners.

1. Forms of work for foreign workers when applying for a Vietnam work permit

The forms of work when applying for a new work permit are clearly defined in Decree No. 152/2020/NĐ-CP on work permits for foreign workers in Vietnam, as follows:

  • Performing labor contracts;
  • Moving within the internal business system;
  • Performing contracts or agreements in economics, trade, finance, banking, insurance, science and technology, culture, sports, education, vocational education and healthcare;
  • Providing services under the contract;
  • Offering services for sale;
  • Working for non-governmental foreign organizations, international organizations operating in Vietnam as regulated by Vietnamese law;
  • Managers, executive directors, experts, technical workers;
  • Participating in the implementation of bidding packages and projects in Vietnam.

2. Conditions for foreign workers when applying for a work permit in Vietnam

According to regulations, in order to apply for a work permit, foreign workers must meet all general and specific conditions for each position as follows:

  • Foreign workers must have full civil act capacity according to the law.
  • Foreign workers must have a health check as prescribed. See the list of health examination facilities that meet the standards for foreigners here (https://quanlieu.com/kham-suc-khoe-xin-giay-phep-lao-dong-work-permit-2023/)
  • Foreign workers must not be criminals or be pursued for criminal liability under the laws of Vietnam and foreign laws.
  • For the case of foreign workers as managers, executive directors, experts or technical workers, they must have all the required documents as follows:
    • For the position of an expert:
      • Have a university degree or equivalent and verify at least 3 years of experience in the field of training that is suitable for the job position that the foreign worker is expected to work in Vietnam, legalized by the consular and translated by notarization as prescribed; or
      • Verify at least 5 years of experience and have a professional certificate suitable for the job position that the foreign worker is expected to work in Vietnam, legalized by the consular and translated by notarization as prescribed; or
      • Or in special cases, as decided by the Prime Minister upon the proposal of the Ministry of Labor, War Invalids, and Social Affairs.
    • For technical workers:
        • Have a certificate of specialized technical training or another field for at least 01 year and confirm at least 03 years of experience in the field of training, legalized by the consular and translated by notarization as prescribed;
        • Verify at least 5 years of experience in the appropriate job position for the job position that the foreign worker is expected to work in Vietnam.
    • For executive directors and managers:
      • Appointment decision,
      • Verify at least 3 years of experience in the appropriate job position for the job position that the foreign worker is expected to work in Vietnam.
      • Documents proving that they are the executive directors or managers of the enterprise (business registration certificate, company charter, etc.)

3. Process and procedures for obtaining a Vietnam work permit for foreign nationals.

The process and procedures for obtaining a Vietnamese work permit for foreign nationals include two steps:

  • Step 1: Submission of an application for approval of the demand for foreign labor
    • At least 30 days prior to the expected start date of employing foreign labor, the enterprise using foreign labor is responsible for submitting an explanatory request for the demand for foreign labor to the Department of Labor, Invalids, and Social Affairs of the province where the enterprise is registered or to the Ministry of Labor, Invalids, and Social Affairs.
    • After 10 working days, the competent authority will issue a letter of approval or disapproval for the use of foreign workers.

approval(Document of approval of demand for labor when applying for a Vietnam work permit)

  • Step 2: Submission of an application for a work permit
  • In this step, the enterprise using foreign labor must submit an application at least 15 days prior to the expected start date of the foreign worker’s employment in Vietnam. The enterprise should prepare a dossier requesting a work permit to be sent to the Department of Labor, Invalids, and Social Affairs of the province where the enterprise is registered or to the Ministry of Labor, Invalids, and Social Affairs.

vietnam workpermit( Giấy phép lao động Việt Nam)

  • The required documents for the dossier include:
    • A letter requesting a work permit from the employer using foreign labor using Form No. 11.
    • Two color photos (size 4cm x 6cm, white background, front view, head uncovered, no colored glasses) taken no more than 6 months prior to the application submission date.
    • A health certificate or a medical examination certificate issued by a competent foreign or Vietnamese health organization, valid for 12 months from the date of health examination to the submission date.
    • A criminal record or a document confirming that the foreign worker is not currently serving a sentence has no criminal record or is not currently under criminal investigation in foreign countries or in Vietnam.
    • Documents proving that the foreign worker is a manager, executive director, specialist, or technical worker.
    • A letter of approval for the demand for foreign labor (copy or original).
    • A copy of a valid passport authenticated according to the legal provisions.

Note: For documents issued by foreign countries, foreign nationals must follow the procedures for legalizing and translating the documents into Vietnamese in accordance with Vietnamese law in order to use them in Vietnam.

4. Applying for a visa or temporary residence card after obtaining a Vietnam work permit for foreign nationals.

  • After obtaining a work permit, foreign nationals must apply for a visa or temporary residence card for labor purposes in accordance with Vietnamese law.
  • In the case of a work permit, foreign nationals are granted a visa or temporary residence card marked as LĐ2 and valid for the same duration as the issued work permit.

The above are legal issues related to applying for a Vietnam work permit for foreign nationals. If you need more in-depth consultation on this matter, please contact Quan Lieu Service to receive fast and efficient advice at the most cost-effective price! You can contact us via hotline: 0966 222 840 or chat with our consultants on our website.

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