PROCEDURES OF WORK PERMIT APPLICATION FOR FOREIGNERS IN VIETNAM IN 2022

In the context of international integration, Vietnam has been signing many international trade agreements, attracting laborers moving from all over the world to Vietnam. At the same time, the demand for foreign workers of domestic enterprises is also increasing. In the following paper, Doanh Tri Law Firm will outlines the conditions and procedures for businesses and organizations that wish to employ foreign workers and wish to apply for a work permit for foreigners in Vietnam.

1. Law basis

- Labor Code 2019

- Decree No.28/2020/NĐ-CP

2. What is work permit for foreigner?

A work permit is an document that allows foreigners to work legally in Vietnam. According to the provisions of Article 31 of Decree No.28/2020/ND-CP, this is an extremely important document.

In order to avoid administrative fines and related consequences, companies that employ foreign workers must definitely complete the procedure for applying for a work permit before foreigners start working.

3. Conditions to granted work permit in Vietnam

For Regular Foreign Workers

Within the enterprise are the managers, executives, experts and technical workers of a foreign enterprise that has established a commercial presence in the Vietnamese territory, temporarily moving within the enterprise. to have a commercial presence in the Vietnamese territory and have been employed by a foreign enterprise for at least 12 months before.

For Volunteer

Foreign workers voluntarily working and without salary to implement international treaties to which The Socialist Republic of Vietnam is a contracting party.

For Professionals

Professionals must have a written certification of being an expert of an agency, organization or enterprise in a foreign country.

Possessing a university degree or higher or equivalent and having at least 03 years of working experience in a specialized training relevant to the job position that the foreign worker is expected to work in Vietnam.

For Managers, Executives

A manager is a person who manages an enterprise or is the head or deputy of the head of an agency or organization.

The Executive Director is the person who heads and directly manages the unit under the agency, organization or enterprise.

For Technical Labor

Persons who have been trained in technical or other majors for at least 1 year and have worked for at least 3 years in the trained specialty.

4. Who will be granted work permit in Vietnam?

A person apply for a new work permit are clearly stated in Decree No.152/2020/ND-CP on work permit for foreign workers entering Vietnam. Those are foreigners who enter Vietnam for the following purposes:

(i) Performance of labor contracts;

(ii) Moving within the enterprise;

(iii) Performing all kinds of contracts or agreements on economic, commerce, finance, banking, insurance, science and technology, culture, sports, education, vocational education and medical;

(iv) Contracted service providers;

(v) Offering services;

(vi) Working for a foreign non-governmental organization or an international organization in Vietnam that is permitted to operate in accordance with Vietnamese law;

(vii) Managers, executives, experts, technical workers;

(viii) Participating in the implementation of bidding packages and projects in Vietnam;

Beside, the law also stipulates those who are qualified to sponsor a work permit for foreign workers, specifically:

(ix) Enterprises operating under the Law on Enterprise, Law on Investment or international treaties to which the Socialist Republic of Vietnam is a signatory;

(x) Representative offices, branches of enterprises, agencies and organizations licensed to be established by competent agencies;

(xi) State agencies, political organizations, socio-political organizations, socio-political-professional organizations, social organizations, socio-professional organizations;

(xii) A foreign non-governmental organization that is granted a registration certificate by a competent Vietnamese agency in accordance with the provisions of Vietnamese law;

(xiii) 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;

(xiv) 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;

(xv)To organize law practice in Vietnam according to the provisions of law;

(xvi) Cooperatives and unions of cooperatives established and operating under the Law on Cooperatives;

(xvii) Business households and individuals are allowed to conduct business in accordance with the law.

5. Dossiers and Procedures of work permit application for foreigners

The application file for a work permit may vary slightly depending on the subject of the work permit application in Vietnam. Activities to apply for a new work permit may often go through the following 4-step procedure:

Step 1: Register the need to recruit foreign workers

Instructions on how to register the need to use foreign workers

Submit an application for registration of the need to employ foreign workers in one of two ways:

Option 1: Directly submit

You submit your application directly at the Department of Labor - Invalids and Social Affairs of the province or city where the company is headquartered or the Management Board of Industrial Parks, Economic Zones, Export Processing Zones, High-Tech Parks if the company has Headquarters are located in the areas mentioned above.

Option 2: Online submit

You should go to the website of the Employment Department http://dvc.vieclamvietnam.gov.vn/ and register according to the instructions.

After submitting, during working time, the Department of Labor - Invalids and Social Affairs will send an email informing about the status of your application. If the application is complete, an appointment letter will be attached to the letter.

Employer should prepare a set of documents as follows:

(i) Report explaining the need to employ foreign workers, made according to Form No.1; or Report explaining the change in demand for foreign workers according to Form No. 2;

(ii) Power of attorney / Letter of introduction of the applicant.

Step 2: Prepare a work permit application

The foreign worker and the employer will prepare the following documents:

(i) The employer's written request for a work permit, made according to Form No. 11/PLI, Appendix I issued together with this Decree.

(ii) The health certificate or medical examination certificate issued by a competent foreign or Vietnamese medical agency or organization is valid for a period of 12 months from the date of signing the health conclusion to the date of submit a dossier or certificate of sufficient health as prescribed by the Minister of Health.

(iii) Judicial record card or document certifying that the foreign worker is not a person who is currently serving a penalty or has not yet had his/her criminal record cleared or is being examined for penal liability by a foreign country. or issued by Vietnam.

A judicial record card or a document certifying that the foreign worker is not a person who is currently serving a sentence or has not yet been expunged or being examined for penal liability, issued within 06 months from the date of issue to the date of application submission.

(iv) Documents and papers proving that they are managers, executive directors, experts, technical workers and a number of occupations and jobs are prescribed as follows:

a) Papers proving that he/she is a manager or executive director as prescribed in Clauses 4 and 5, Article 3 of this Decree;

b) Papers proving that they are experts or technical workers as prescribed in Clauses 3 and 6, Article 3 of this Decree, including: diplomas, certificates, written certifications of agencies, organizations or enterprises in Vietnam. foreign countries about the number of years of experience of experts and technical workers;

c) A document proving the experience of a foreign football player or an international transfer certificate (ITC) issued to a foreign football player or a document from the Vietnam Football Federation confirming temporary registration or officially for players of a club of the Vietnam Football Federation;

d) Pilot license issued by a competent authority of Vietnam or issued by a competent authority of a foreign country and recognized by a competent authority of Vietnam for foreign pilots or a professional certificate subjects permitted to work on board aircraft issued by the Ministry of Transport to flight attendants;

e) Certificate of professional qualifications in the field of aircraft maintenance, issued by a competent authority of Vietnam or issued by a competent authority of a foreign country and recognized by a competent authority of Vietnam. with foreign workers doing aircraft maintenance work;

f) Certificate of professional ability or certificate of professional competence certificate issued by a competent authority of Vietnam to foreign seafarers;

g) Certificate of high achievement in the field of sports and certified by the Ministry of Culture, Sports and Tourism, for sports coaches or having at least one of the following qualifications: B in football coach Asian Football Confederation (AFC) diploma or AFC level 1 goalkeeping qualification or AFC level 1 fitness coach diploma or level 1 domestic soccer (Futsal) coach license of the AFC or any equivalent foreign coaching qualification recognized by the AFC;

h) The diploma granted by a competent authority meets the requirements on qualifications and standard qualifications according to the Law on Education, the Law on Higher Education, the Law on Vocational Education and the Regulation on organization and operation of foreign language centers. , informatics promulgated by the Minister of Education and Training.

(v) 02 color photos (size 4 cm x 6 cm, white background, straight face, bare head, not wearing colored glasses), photos taken within 06 months from the date of application.

(vi) Written approval of the need to employ foreign workers, except for cases where the need to employ foreign workers is not required.

(vii) Certified copy of valid passport as prescribed by law.

(viii) Documents related to foreign workers:

a) For foreign workers specified at Point b, Clause 1, Article 2 of this Decree, there must be a document sent by the foreign enterprise to work at the commercial presence of that foreign enterprise in the Vietnamese territory. Name and documents proving that the foreign worker was recruited by that foreign enterprise before working in Vietnam for at least 12 consecutive months;

b) For foreign workers specified at Point c, Clause 1, Article 2 of this Decree, there must be a contract or agreement signed between the Vietnamese side and the foreign party, which must contain an agreement on employment. foreign workers working in Vietnam;

c) For foreign workers specified at Point d, Clause 1, Article 2 of this Decree, there must be a service supply contract signed between the Vietnamese side and the foreign side and a document proving the employee a foreigner who has worked for a foreign enterprise without a commercial presence in Vietnam for at least 02 years;

d) For foreign workers specified at Point dd, Clause 1, Article 2 of this Decree, there must be a document from the translation supplier service of sending foreign workers into Vietnam to negotiate service provision;

e) For foreign workers specified at Point e, Clause 1, Article 2 of this Decree, there must be a document from the agency or organization that sends the foreign worker to work for the foreign non-governmental organization. international organizations in Vietnam, except for the case specified at Point a, Clause 1, Article 2 of this Decree and the operation licenses of foreign non-governmental organizations and international organizations in Vietnam in accordance with law;

f) For foreign workers specified at Point i, Clause 1, Article 2 of this Decree, there must be a document from the foreign enterprise, agency or organization sending the foreign worker to work in Vietnam. and suitable for the intended working position.

(ix) Dossier of application for a work permit for some special cases:

a) For foreign workers who have been granted a valid work permit and wish to work for another employer at the same job position and the same job title stated in the permit; If the employee is an employee, the application file for a new work permit includes: the previous employer's confirmation that the employee is currently working, the documents specified in Clauses 1, 5, 6, 7, 8 of this Article and a certified copy of the issued work permit;

b) For foreign workers who have been issued with a valid and valid work permit and change their job position or job title or the form of work stated in the work permit in accordance with the law; If the employer does not change, the application file for a new work permit includes the papers specified in Clauses 1, 4, 5, 6, 7 and 8 of this Article and the work permit or a certified copy. certified work permit has been issued.

(x) Consular legalization and authentication of documents:

The papers specified in Clauses 2, 3, 4, 6 and 8 of this Article are 01 originals or certified copies. If they are foreign, they must be consularly legalized, unless they are legally exempted. consularization under international treaties to which the Socialist Republic of Vietnam and related foreign countries are members, or on the principle of reciprocity or as prescribed by law; translated into Vietnamese and authenticated in accordance with Vietnamese law.

Step 3: Submit your application

Usually, the employer will apply for a work permit for the foreign worker of the company at the Department of Labor, Invalids and Social Affairs in the province where the foreign worker will work. Expected to work at least 15 days before the date the foreign worker is expected to start working. If the application is complete and valid, the applicant will pay the work permit fee and receive an appointment letter to return the results

Particularly for foreigners belonging to non-governmental organizations, international organizations, associations, etc. People shall apply for a work permit at the Employment Department - Ministry of Labor - Invalids and Social Affairs.

Step 4. Get a work permit

The Ministry of Labour, War invalids and Social Affairsor the Department of Labor - Invalids and Social Affairs shall issue work permit to foreign workers according to form 12/PLI promulgated together with Decree 152/2020/ND-CP. In case of refusal to give a work permit, the Ministry or Department of Labor, War Invalids and Social Affairs will reply in writing and clearly state the reason.

6. Vietnam work permit duration

The maximum term of a work permit is 2 years. In case of extension, it can only be extended once with a maximum term of 2 years.

7. Cases in which the work permit expires

(i) The work permit has expired.

(ii) Termination of the labor contract.

(iii) The content of the labor contract is not consistent with the content of the issued work permit.

(iv) Working contrary to the contents of the issued work permit.

(v) Contracts in the fields on which the work permit is based has expired or been terminated.

(vi) There is a written notice of the foreign party to stop sending foreign workers to work in Vietnam.

(vii) Enterprises, organizations, partners on the Vietnamese side or foreign organizations in Vietnam that employ foreigners, terminate their operations.

(viii) work permit is revoked.

8. Penalty

Foreign workers who do not have a work permit or do not have a written confirmation that they are not eligible for a work permit as prescribed by law and work in Vietnam will be fined from 15,000,000 VND (646.33 USD) to 25,000,000 VND (1077.21 USD) or expelled according to the provisions of the Law on Labor 2012; at the same time.

Employers who use foreign workers to work in Vietnam without a work permit or without a certificate confirming that they are not eligible for a work permit or employ foreign workers with a work permit. An expired work permit or written confirmation of not being eligible for an expired work permit can result in a fine of up to VND 75,000,000 (3231.64 USD) depending on the number of employees involved.

The above article is our firm's perspective towards procedures of work permit application for foreigners in vietnam in 2022. For more information and advice on this issue, please contact Doanh Tri Law Firm directly via:
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