Currently, Vietnam is being chosen as one of the suitable and ideal destinations for settlement, and with its increasing integration into the global economy, opportunities for foreign experts and workers in Vietnam are growing rapidly. However, for foreigners to work legally and long-term in Vietnam, a work permit is essential. Let’s explore with EIV the step-by-step guide to applying for a Vietnam work permit and the conditions for foreigners to work legally in Vietnam through the article below!
Conditions for Issuing Work Permits to Foreign Workers
According to Decree No. 11/2016/NĐ-CP on work permits, to be eligible for a work permit, foreign workers must first meet the following conditions:
- Have full civil capacity according to law
- Have health conditions suitable for job requirements
- Be a manager, executive director, expert, or technical worker
- Not be a person who has committed crimes or is under criminal prosecution according to Vietnamese and foreign laws
- Have written approval from competent state authorities regarding the employment of foreign workers
Who is Eligible for Work Permits in Vietnam?
According to Decree No. 152/2020/NĐ-CP regarding work permits, foreign workers entering Vietnam for the following purposes are eligible to apply for work permits:
- Implementation of labor contracts
- Internal company transfers
- Implementation of various contracts or agreements in economics, trade, finance, banking, insurance, science and technology, culture, sports, education, vocational training, and healthcare
- Service providers under contract
- Service offering
- Working for foreign non-governmental organizations or international organizations in Vietnam permitted to operate under Vietnamese law
- Managers, executive directors, experts, technical workers
- Participating in the implementation of bidding packages and projects in Vietnam
Step-by-step Guide to Applying for Vietnam Work Permit
Step 1: Register Foreign Labor Recruitment Needs
This is the first step in the guide to applying for a Vietnam work permit. At least 30 days before the intended use of foreign workers, employers (except contractors) need to submit documentation to the Ministry of Labor, War Invalids and Social Affairs or the Provincial People’s Committee to explain their need for foreign workers and obtain approval from these authorities.
Step 2: Prepare Work Permit Application Documents
After submitting the foreign labor recruitment needs registration, while waiting for approval, foreign workers must prepare their work permit application documents. The application typically includes:
- Written request for work permit for foreigners
- 02 color photos, size 4×6, white background, no glasses
- Health certificate from abroad or health examination certificate from Vietnam (within 12 months)
- Criminal record certificate issued abroad or Record Card No. 1 issued in Vietnam (issued within 06 months)
- Written notification of approval for the position using foreign workers
- Notarized copy of passport and visa of the foreigner
- Documents proving status as manager, executive director, expert, technical worker, or teacher (University degree, minimum 3 years foreign work experience verification, etc.)
- Documents related to foreign workers (Appointment decision from parent company, labor contract, company charter, etc.)
Note: Documents issued abroad, such as university degrees and experience certificates, must be legalized by consular authorities and translated into Vietnamese with notarization before submission to the Department of Labor, War Invalids and Social Affairs.
Step 3: Submit Work Permit Application
At least 15 working days before the foreign worker’s intended start date, employers must submit the work permit application to the Department of Labor, War Invalids and Social Affairs where the foreign worker intends to work.
You can find some Department of Labor, War Invalids and Social Affairs offices at:
Hanoi:
- 75 Nguyen Chi Thanh, Lang Thuong, Dong Da, Hanoi
Da Nang:
- 20th Floor, City Administrative Center, 24 Tran Phu, Hai Chau District, Da Nang City
Ho Chi Minh City:
- 31 Street 13, Quarter 1, Hiep Binh Chanh Ward, Thu Duc District
Step 4: Receive Work Permit
The processing time for work permit issuance is 5 working days from the date of receiving the complete application.
During these 5 days, the Department of Labor, War Invalids and Social Affairs will issue the work permit for foreign workers according to the template prescribed by the Ministry of Labor, War Invalids and Social Affairs. In case of rejection, a written response will be provided with clear reasons.
Through this article, EIV has provided a step-by-step guide to applying for a Vietnam work permit. We hope this article has brought you useful information and helped you understand how to prepare documents and apply for work permits for foreigners in Vietnam!