Vietnamese law stipulates that any foreigner coming to this country to work must have a work permit in accordance with his or her entry case.
Due to today's globalization, there are many job opportunities available to expats traveling all over the world. In Vietnam, an open legal system for foreigners, a unique culture and a developing economy, is an ideal environment to work and travel for any foreign citizen. Let's learn about work permits in Vietnam in the article below.
Work permit or work permit is a document issued by the Ministry of Labor, War Invalids and Social Affairs at the Central Government to foreigners working legally in Vietnam. The term of a foreigner's work permit in Vietnam is not more than 2 years, and the work permit can be renewed when it expires. Both foreigners and employers are interested in this document because it is the highest legal basis for foreigners to work and stay legally, so there are many questions. Work permit of foreigners? What cases can be exempted from work permit? Procedures and order to apply for a work permit in Vietnam?
Foreigners entering Vietnam to work under labor contracts with foreign companies, enterprises, contractors, foreign representative offices in Vietnam... Companies and enterprises employing foreign workers Foreign workers must apply for a job or clearly state the need to use the job of a foreigner at the Ministry of Labor, War Invalids and Social Affairs where they intend to work. After receiving the written approval, the new enterprise will apply for a work permit for the foreigner.
Work permit is an indispensable procedure for foreigners working in Vietnam
A work permit or an exempt work permit is a document issued to the employer by the Ministry of Labor, War Invalids and Social Affairs or the Management Board of the industrial park or export processing zone where the enterprise is headquartered.
The content displayed on the work permit includes the name of the employer and the working address, position and title of the foreigner. Foreign workers must work exactly as confirmed on the work permit or it will be considered illegal.
A definite foreign work permit has been issued. The term of the work permit is stated on the permit and the maximum term of the work permit is not more than 02 years.
If a foreigner wants to change his/her professional title, workplace, etc., he/she must apply for a new work permit. However, in some cases, the work permit is still valid despite the changes in issuance.
University degree or higher, with at least 3 years of professional training experience, suitable for job positions suitable for foreign workers working in Vietnam, lawful consulates; or
Verify that the foreign worker has at least 5 years of working experience and a practicing certificate suitable to the foreign worker's working position in Vietnam and has been consular legalized;
Depending on the purpose of labor entry, the conditions will be different
Have at least 1 year of training certificate in technical or other profession and at least 3 years of experience in consular legal or professional training;
Verify that there is at least 5 years of work experience relevant to the job position in which the foreign worker is expected to work in Vietnam.
Verify that there is at least 3 years of work experience relevant to the position in which the foreign worker is expected to work in Vietnam.
According to regulations, in order to be granted a work permit, foreign workers must meet a number of general conditions, including:
Foreign workers must have full civil act capacity as prescribed by law.
Foreign workers must have health conditions suitable to the job requirements.
According to Vietnamese and foreign laws, foreign workers are not allowed to commit crimes or be examined for penal liability.
In case the enterprise has all the required documents to submit to the state agency, the time to process the application and return the results is:
Direct submission of documents: within 7 working days from the date of receipt of complete documents
Documents submitted online: 05 working days for documents submitted online.
The time for state agencies to process work permit applications is relatively fast
In case the enterprise does not have any documents to submit to the state agency when applying for a work permit, the time may be many times longer.
Work permits under the current Law Work permits are valid for a maximum of 2 years. Businesses and organizations can apply for a period of time that suits their workforce needs. The validity of the work permit does not depend on the validity of the passport.
Enterprises employing foreign workers are responsible for obtaining written approval of hiring foreign workers from the Ministry of Labor, War Invalids and Social Affairs or the People's Committee of the province before applying for a work permit. for foreigners.
After obtaining a written consent to hire a foreign worker, the foreign worker or the employer applies for a work permit according to the following procedures:
Step 1: Prepare required documents.
Step 2: Submit your application.
- Place of application: Ministry of Labor - Invalids and Social Affairs or Ministry of Labor - Invalids and Social Affairs where the foreign worker is expected to work.
- Time frame: At least 15 days before the expected date of starting work in Vietnam.
- Applicant: Depending on the case, the applicant can be a foreign worker or an agency, organization or enterprise employing foreign workers:
Steps to apply for a work permit in Vietnam
Step 3: Apply for a work permit.
Time limit for settlement: Within 05 working days from the date of receipt of complete and valid dossiers, the Ministry of Labor - Invalids and Social Affairs or the Ministry of Labor - Invalids and Social Affairs shall issue a work permit to the employee. foreign movement.
In order for foreign workers to get a work permit in Vietnam, the employer has to go through different procedures that require a lot of time:
- Dossier for consideration and approval of demand for foreign workers: 10 working days (Article 4 of Decree No. 152/2020/ND-CP);
- Application for criminal record: 10 days, maximum 15 days for verification (section 48 (1) Law on Criminal Records 2009);
- Dossier to apply for a work permit: 05 working days (Article 11 Clause 2 of Decree No. 152/2020/ND-CP).
The total time to complete the dossier and apply for a work permit as prescribed is 25 to 30 days. However, the actual processing time will be longer (for various reasons), usually around 45-60 days.
Some difficulties that foreign workers face when applying for a work permit in Vietnam
Currently, according to regulations, only some hospitals in big cities are eligible to conduct medical examinations for foreigners who need a work permit. But in reality, doctors in some hospitals cannot communicate with foreigners directly, so they need the assistance of translators. The health certificate of one or more designated hospitals is only valid for 3 months from the date of issuance. In addition, due to the large number of patients, the information on the medical examination paper is also scarce.
According to the previous regulations, the maximum duration of a work permit for foreigners was 3 years, while the current term of a work permit is only 2 years, this job will face many obstacles organizations and foreign workers.
With the trend of globalization, it is not surprising that foreign workers come to work in Vietnam, and at the same time, Vietnam has also created favorable conditions for Vietnamese businesses to use foreign workers. Have a work permit.
The work permit will prove that the foreign worker is qualified to work legally in Vietnam. This will certify that the licensee is protected by Vietnamese law under Vietnamese labor law and that their legal rights are reasonably protected. It is worth noting that without a work permit, foreigners entering Vietnam to work will be expelled from the Vietnamese territory according to the Government's regulations.
Therefore, in order to apply for a work permit for foreigners, organizations, companies or individuals can directly guarantee to do it, or can refer to the jobs that service companies can do, which is very fast, an experienced team of lawyers, professional legal experts, many reputable services, and can provide the best support for foreign businesses and workers.
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