PROCEDURES FOR GRANTING WORK PERMITS TO FOREIGNERS IN HANOI
A work permit is a document that allows a foreigner to work legally in Vietnam. The work permit must clearly state information about the employee, including full name, passport number, date of birth, nationality, passport number; the name and address of the organization where you work, and your position of work. And Work Permit is an important document for foreign workers to apply for a 2-year temporary residence card in Vietnam.
This is an extremely important document for foreigners who want to work in Vietnam. The following article is about the conditions, documents and procedures for applying for a work permit for foreigners in Vietnam.
1. Subjects granted a work permit in Ha Noi
Subjects to apply for a new work permit are specified in Decree No. 152/2020/ND-CP stipulating work permits for foreign workers entering Vietnam. Those are foreigners who enter Vietnam for the following purposes:
- Performance of labor contracts;
- Moving within the enterprise;
- Performing all kinds of contracts or agreements on economic, commerce, finance, banking, insurance, science and technology, culture, sports, education, vocational education and health;
- Contracted service providers;
- Offering services;
- Working for a foreign non-governmental organization or an international organization in Vietnam that is permitted to operate in accordance with Vietnamese law;
- Managers, executives, experts, technical workers;
- Participating in the implementation of bidding packages and projects in Vietnam;
In addition, the law also stipulates those who are qualified to sponsor a work permit for foreign workers, specifically:
- Enterprises operating under the Enterprise Law, Investment Law or international treaties to which the Socialist Republic of Vietnam is a signatory;
- Contractors participating in bids and performing contracts;
- Representative offices, branches of enterprises, agencies, and organizations licensed to be established by competent agencies;
- State agencies, political organizations, socio-political organizations, socio-political-professional organizations, social organizations, socio-professional organizations;
- A foreign non-governmental organization that is granted a registration certificate by a competent Vietnamese agency in accordance with the provisions of Vietnamese law;
- Non-business organizations and educational institutions established in accordance with law;
- International organizations, offices of foreign projects in Vietnam; agencies and organizations that are permitted by the Government, the Prime Minister, ministries and branches to establish and operate in accordance with law;
- The operating office of the foreign investor in the business cooperation contract or of the foreign contractor is registered to operate in accordance with the law;
- To organize law practice in Vietnam according to the provisions of law;
- Cooperatives and unions of cooperatives established and operating under the Law on Cooperatives;
- Business households and individuals are allowed to do business in accordance with the law.
2. Conditions to be granted a work permit in Ha Noi
According to regulations, in order to apply for a work permit, a foreign worker must fully meet the following conditions:
- Foreign workers must have full civil act capacity as prescribed by law.
- Foreign workers must have health suitable for the job requirements.
- Foreign workers must not be criminals or be examined for penal liability in accordance with Vietnamese and foreign laws.
- The foreign worker must be a manager, executive director, expert or technical worker, with all the supporting documents specified in Article 3 of Decree 152 as follows:
- For specialist positions:
- A university degree or higher and the verification of at least 3 years' working experience in the specialized training that is suitable for the job position that the foreign worker is expected to work in Vietnam, legalized consul; or
- Verify that the foreign worker's experience is at least 5 years and the practice certificate is suitable for the job position in which the foreign worker is expected to work in Vietnam and is consularly legalized;
- Technical labor:
- Certificate of training in technical or other majors for at least 1 year and certification of at least 3 years experience in the consular legalized or trained major;
- Verify that the experience of at least 5 years at the job position is suitable for the job position that the foreign worker is expected to work in Vietnam.
- Executives and Managers:
- Decision appoint,
- Verify that the experience of at least 3 years at the job position is suitable for the position that the foreign worker is expected to work in Vietnam.
3. Dossier, procedures for applying for a work permit for foreigners
- A written request for a work permit for a foreigner, made according to Form No. 11/PLI;
- Consular legalization copy and Vietnamese translation Health certificate medical examination abroad or the original medical examination in Vietnam at hospitals, clinics, and qualified health departments according to regulations of the Government. Ministry of Health (within 12 months)
- The consular legalization copy and the Vietnamese translation of the criminal record of the foreigner issued in foreign countries or the original of the criminal record of the foreigner issued in Vietnam, issued within 6 months;
- Notarized copy of the passport and visa of the foreigner.
- Documents proving that you are a manager, executive director, expert, technical worker, teacher (University degree, certificate of at least 03 years' foreign work experience, etc.). These documents need to be consular legalized and translated into Vietnamese.
- 02 color photos, size 4×6, white background, no glasses.
- Documents related to foreign workers (appointment decision of the parent company, labor contract, company charter, etc.)
The above information is about the “Procedures for granting work permits to foreigners in Hanoi”. For more information and advice on this issue, please contact Doanh Tri Law Firm directly via:
Hotline: (+84) 911.233.955 - (024) 6293 8326
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