Work permit for foreigners in technical positions

Work permit for foreigners in technical positions

What is technical labor?

Technical labor is a job position specified in Decree 152/2020/ND-CP when working on a work permit. In the position of Technical Labor will require much simpler proofs than Experts.

Through this article, ABA Law – ABA VISA will clearly state what documents need to be prepared when doing Work Permit for Foreign Technical Workers.

Legal grounds:

• Labor Code 2019 No. 45/2019/QH14 promulgated on November 20, 2019 takes effect from January 1, 2021.
• Decree No. 152/2020/ND-CP issued on December 30, 2020 takes effect from February 15, 2021.
• Resolution No. 105/NQ-CP issued on September 9, 2021, guiding and amending a number of articles in Decree 152/2020/ND-CP.

1. Conditions for foreign technical workers to be granted Work Permit

Technical workers are foreigners who come to work at enterprises in Vietnam and satisfy one of the following specific conditions:

🔹 Having been trained in a technical or other discipline for at least 1 year and working for at least 3 years in the trained specialty.

🔹 Having at least 5 years of working experience in a job suitable to the position that the foreign worker is expected to work in Vietnam.

In addition, foreign workers working in Vietnam must meet the following basic conditions:

🔹 Be 18 years or older and have full civil act capacity.

🔹 Having professional qualifications, techniques, skills and working experience; be healthy as prescribed by the Minister of Health.;

🔹 Not being a person who is currently serving a sentence or has not yet had his/her criminal record cleared or is being examined for penal liability in accordance with foreign or Vietnamese laws.

🔹 Having a work permit issued by a competent Vietnamese state agency, except for the case specified in Article 154 of the 2019 Labor Code.

2. Experience in preparing Work Permit documents for foreign technical workers

For the following documents issued in foreign countries or issued by diplomatic missions of foreign countries in Vietnam must be Consular legalization and notarized translation into Vietnamese.

🔹 Health certificate must be valid for less than 12 months from the date of application submission.

Note: The list of hospitals eligible for medical examination to apply for a work permit is found in Circular 14/2013/TT-BYT of the Ministry of Health.

🔹 Criminal record of foreigners, issued in foreign countries or issued in Vietnam (issued within 06 months).

• For judicial record cards issued abroad: A judicial record card issued or a document certifying that the foreign worker is not a person who is serving a sentence or has not yet been expunged or is being examined for penal liability.
•  For Criminal Record Certificates issued in Vietnam: If the employee has a confirmation of temporary residence in Vietnam and is currently residing in Vietnam, he/she can apply for a criminal record card at the Department of Justice where the foreigner is residing in Vietnam.

Refer:

Feast making serviceThe judicial calendar in Vietnam is quick - neat - fast, without the need to present to the Judiciary Authority Here. 

🔹 Documents proving the qualifications to meet the job demands are Technical Laborers. Specifically:

• Having been trained in a technical or other discipline for at least 1 year and working for at least 3 years in the trained specialty.
• Having at least 5 years of working experience in a job suitable to the position that the foreign worker is expected to work in Vietnam.
• Or, if you have had an old work permit, you can prove it instead of your overseas experience.

Refer: Consular legalization service and notarized translation into Vietnamese. 

Certificate of work experience for foreigners to apply for a work permit

3. Process and procedures for making Work Permit for foreign technical workers

The procedure for obtaining a Work Permit for a foreign technical worker is similar to the position of a Specialist, and must also go through 2 steps as follows:

Step 1: Application for registration Explanation of demand for labor

Time to submit application: At least 30 days before the expected date of employment of foreign workers, the employer (except for the contractor) needs to submit this dossier to the competent authority.

Preparation profile:

• Form 01/PLI of Decree 152/2020/ND-CP on explanation for registration of the need to use foreigners.

Receiving Agency:

• Ministry of Labor - Invalids and Social Affairs or.
• Department of Labor - Invalids and Social Affairs under the province/city or.
• In case the workplace is located in an industrial park, the organization shall submit the payment to the management board of the industrial park.

Processing time: The competent authority shall handle it within 10 working days from the date of receipt of a complete dossier.

Step 2: Apply for a work permit for foreign technical workers

Time to submit application: at least 10 days in advance from the date the foreign worker starts working.

An application file for a work permit includes:

• Form No. 11/PLI Appendix I issued together with Decree 152/2020/ND-CP.
• Documents mentioned in Section 2.
• 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.
• Certified copy of valid passport as prescribed by law.
• Authenticated copy of the written approval of the need to employ foreign workers for the cases requiring explanation (result of Step 1).

Receiving Agency

The agency receives and approves the employment demand in Step 1.

Processing time: 05 working days and the result is a Work Permit. In case of non-confirmation, there will be a written reply clearly stating the reason.

Service of making work permits for foreigners in prestigious technical positions

🤝 ABA VISA is one of the units in Ho Chi Minh City specializing in supporting procedures for foreigners working in Vietnam.

🤝 With many years of experience in carrying out procedures for applying for a Work Permit for foreigners, we support customers full service:

• Advice on a case-by-case basis.
• No-show service to apply for criminal records.
• Assist customers with health checks at qualified hospitals.
• Support to apply for consular legalization stamp.
• Notarized translation of foreign documents.
• Carry out procedures with the competent authority to issue a work permit.