Procedures for applying for a Work Permit for a foreigner
What is a work permit?
Work permit is a type of permit issued to allow foreigners to work legally in Vietnam. When foreigners work in companies, factories or any specific industry in Vietnam, they need this type of permit.
On the work permit, information about the employee is clearly written, including: Full name; Passport; Date of birth; Nationality; Passport; Name and address of the workplace organization; Position – Job title.
ABA VISA Together with you, we will learn about the procedure for applying for a work permit for foreigners as well as some other things to note!
Procedures for applying for a Work Permit for a foreigner (licensing)
Regarding foreign workers who want to be granted a work permit, you need to follow a number of procedures including the following 2 steps:
Step 1: Apply for written approval of the need to employ foreign workers
1. Subjects who need to carry out the procedures for explaining the need for labor use
According to Article 4 of Decree 152/2020/ND-CP, In order to employ foreign workers, economic organizations need to explain Registration of demand for foreign workers with the competent authority. Except for the cases specified in Clauses 3, 4 and 5, Article 154 of the Labor Code and Clauses 1, 2, 8, 9, 10, 11, 12 and 13, Article 7 of Decree 152/2020/ND- CP does not need to determine the need for labor, specific:
- To be the head of a representative office or project or to be primarily responsible for the operation of an international organization or a foreign non-governmental organization in Vietnam.
- Entering Vietnam with a term of less than 3 months to make a service offering.
- Entering Vietnam for less than 3 months to handle problems, technical situations, complex technologies that affect or threaten to affect production and business that experts.
- Vietnam and foreign experts currently in Vietnam cannot handle it.
- Being the owner or capital contributor of a limited liability company with a capital contribution value of 3 billion VND or more.
- Being the Chairman of the Board of Directors or a member of the Board of Directors of a joint-stock company with a capital contribution value of 3 billion VND or more.
- Entering Vietnam to work as a manager, executive director, expert or technical worker with a working period of less than 30 days and no more than 3 times in a year.
- Enter Vietnam to implement international agreements signed by central and provincial agencies and organizations in accordance with law.
- Pupils and students studying at overseas schools and training institutions that have agreements on internships in agencies, organizations and enterprises in Vietnam; Trainees and trainees on Vietnamese ships.
- Relatives of members of foreign representative missions in Vietnam specified at Point l, Clause 1, Article 2 of this Decree.
- Having an official passport to work for state agencies, political organizations, socio-political organizations.
- Person responsible for establishing a commercial presence.
2. Dossier to prepare (Procedure for applying for a work permit for foreigners)
- Form 01/PLI issued under Decree 152/2020/ND-CP.
- Letter of recommendation or personal power of attorney to submit the application.
- License for establishment/operation in conditional business lines (in case of recruiting laborers to work in conditional business lines).
Before at least 30 days From the expected date of employing foreign workers, the employer (except the contractor) needs to submit this dossier to the competent authority.
3. Authority to receive and time limit for settlement
Based on the location where the foreign worker is expected to work, the organization submits the application to one of the following places:
✅ Ministry of Labor, War Invalids and Social Affairs.
✅ Department of Labor - Invalids and Social Affairs under the province/city.
✅ In case the workplace is located in an industrial park, the organization shall submit it to the management board of the industrial park.
Processing time: 10 working days.
Step 2: Prepare documents to apply for a work permit
1. Documents to be prepared to apply for a work permit for a foreigner include:
| No | DOCUMENTS NEED TO PREPARE |
| 1 | The employer's written request for a work permit. |
| 2 | Health certificate or medical examination certificate, valid for 12 months, valid until the date of application. |
| 3 | Judicial record cards No. 1 & 2 shall be issued within 06 months from the date of issue to the date of application submission. |
| 4 | Documents and documents proving: 🔰 Manager, CEO: Proof. 🔰 Experts, Technical Labor: Diplomas, certificates, written certifications of agencies, organizations and enterprises abroad about the number of years of experience. |
| 5 | 02 color photos (4×6) of international form, taken within 06 months. |
| 6 | Written approval of the need to use foreign workers. |
| 7 | Certified copy of valid passport as prescribed by law. |
For documents, records abroad, organizations need consular legalization, notarized translation into Vietnamese so that the competent authority has a basis to consider and issue a work permit.
Refer to the consular legalization procedure HERE
At least 15 days before the date the foreign worker is expected to start working in Vietnam, the organization employing the foreign worker shall submit a dossier to the agency competent to issue a work permit. Depending on the destination, the organization can submit the application in person or online.
2. Procedures for application for work permits for foreigners – Authority to receive and time limit for handling
Similar to step 1, based on the location the foreign worker is expected to work, the organization submits an application to one of the following places:
- Ministry of Labor, War Invalids and Social Affairs.
- Department of Labor - Invalids and Social Affairs under the province/city.
- 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: 05 working days.
3. Get Result
➠ In case of direct application, authorized individuals bring the employee's appointment card and original passport to the receiving agency to receive the review results.
➠ In case of online submission, the authorized individual brings all the prepared documents along with the authorization letter and the employee's original passport to receive the results according to the date of the payment appointment of the receiving agency.
Note:
In Clause 3, Article 11 of Decree No. 152/2020/ND-CP, For employees in the form of labor contracts, the employer needs to sign a written labor contract in accordance with the provisions of law. Vietnamese labor law before the expected working date of the foreign worker to the competent agency to receive.
The employment contract is the original or a certified copy.
What happens if I don't apply for a work permit for a foreigner
Pursuant to Article 31 of Decree 28/2020/ND-CP stipulating the Regulations on sanctioning of administrative violations in the field of labor and social insurance, sending Vietnamese workers to work abroad under contracts. copper, Specifically:
1) Employer's fine
- A fine ranging from VND 1,000,000 to VND 3,000,000 shall be imposed on the employer for failing to send a copy of the signed labor contract to the agency that has issued the work permit in the case of foreign workers working under labor contracts.
- Fines for employers who use foreign workers to work 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. The work permit has expired or the written confirmation of not being eligible for the work permit has expired at one of the following levels:
From 30,000,000 VND to 45,000,000 VND with violations from 01 person to 10 people. From 45,000,000 VND to 60,000,000 VND with violations from 11 to 20 people. From 60,000,000 VND to 75,000,000 VND with violations from 21 people or more.
2) Penalties for foreign workers
- A fine ranging from VND 15,000,000 to VND 25,000,000 shall be imposed on foreign workers working in Vietnam without a work permit.
- Expulsion of foreign workers working in Vietnam when working in Vietnam but without a work permit.
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