This document outlines the conditions, procedures, and steps required to apply for a work permit for foreigners wishing to work in Vietnam. It provides detailed information on eligibility criteria, required documents, and the application process, ensuring compliance with Vietnamese labor laws.
1. Conditions for Issuing a Work Permit for Foreigners
To be eligible for a work permit in Vietnam, foreigners must meet the following conditions:
- Full Civil Capacity: The foreign individual must possess full civil capacity as prescribed by law.
- Health Requirements: Foreigners must meet the health requirements for the job they will perform, as evidenced by a medical examination report included in the application dossier.
- Work Position: The foreigner must work in one of the following roles: manager, executive director, expert, or technical worker, and must satisfy the specific requirements for each position.
- Specialized Fields: For certain specialized fields, such as healthcare, education, training, or vocational instruction, foreigners must meet additional requirements stipulated by relevant legal documents. For example:
- Foreign healthcare workers practicing or directly providing medical treatment in Vietnam must comply with Vietnamese laws on medical practice.
- Foreigners working in education, training, or vocational instruction must fulfill conditions under Vietnamese laws governing these fields.
- Criminal Background: The foreigner must not have a criminal record or be under criminal investigation in Vietnam or any other country.
- Employer Approval: The employer must have prior approval from the relevant authority to hire foreign workers.
2. Required Documents for Work Permit Application
As stipulated in Article 9 of Decree No. 152/2020/ND-CP, the application dossier for a work permit for foreigners in Vietnam includes the following documents:
- Application Form: An official request form for a work permit for a foreign worker.
- Health Certificate: A health certificate issued by an authorized medical institution in Vietnam or abroad, valid for 12 months from the date of issuance to the submission date (original or certified copy).
- Criminal Record/Certificate: A criminal record or document certifying that the foreign worker has no criminal convictions or is not under criminal investigation, issued by an authorized foreign or Vietnamese agency. This document must be issued within 6 months prior to submission.
- Approval of Foreign Worker Usage: A certified copy of the document approving the employer’s need to hire foreign workers.
- Proof of Work Role:
- For managers or executive directors: Business registration certificate, company charter, or appointment decision.
- For experts and technical workers: University diploma, certificates, or documents verifying work experience.
- Documents issued abroad must be legalized and translated into Vietnamese.
- Photos: Two recent (taken within the last 6 months) color photos (4×6 cm) with a white background, front-facing, no hat, and no tinted glasses.
- Passport Copy: A certified copy of the foreigner’s passport or equivalent travel document valid at the time of application.
3. Procedures for Applying for a Work Permit for Foreigners
Step 1: Register the Need to Employ Foreign Workers
Employers must register their need to employ foreign workers and obtain approval before applying for a work permit. This step requires:
- Timeline: At least 30 days before the expected start date of the foreign worker.
- Required Document: A written explanation of the need to employ foreign workers.
Use Form 01/PLI (for first-time registration) or Form 02/PLI (if there are changes to previously approved needs), as issued under Decree No. 152/2020/ND-CP.
- Authorized Personnel: The person submitting the application must have a power of attorney or introduction letter if they are not the legal representative of the organization.
- Submitting Authority: The Department of Labor, Invalids, and Social Affairs (DoLISA) or the Management Board of industrial parks, export processing zones, or economic zones where the employer is headquartered.
- Processing Time: Approximately 12–15 working days.
Step 2: Apply for the Work Permit
Upon receiving approval for employing foreign workers, the employer must submit the work permit application dossier:
- Timeline: At least 15 working days before the foreign worker’s expected start date.
- Submitting Authority: The Department of Labor, Invalids, and Social Affairs (DoLISA) or the Management Board of industrial parks, export processing zones, or economic zones where the employer is headquartered.
- Processing Time: Approximately 7–10 working days.
In conclusion, foreigners wishing to work in Vietnam must meet specific conditions and submit a comprehensive application dossier to obtain a work permit. Employers are responsible for completing the necessary registration and application procedures within the prescribed timelines. By adhering to these requirements, both employers and foreign workers can ensure legal compliance and successful integration into Vietnam’s workforce.
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1. Lawyer Vu Thi Phuong Thanh, Manager of TLA Law LLC, Ha Noi Bar Association
Email: vtpthanh@tlalaw.vn
2. Lawyer Tran My Le, Chairman of the Members’ Council, Ha Noi Bar Association
Email: tmle@tlalaw.vn.
Dinh Phuong Thao