TABLE OF CONTENTS
1. VIETNAM WORK PERMIT REQUIREMENTS
Vietnam work permit is an official document issued by the Ministry of Labor – INVALIDS AND SOCIAL AFFAIRS, allowing foreigners to work legally in Vietnam.
Foreign workers who wish to work in Vietnam cannot apply for a work permit on their own. They need to receive support from either their employer or a service provider in Vietnam to ensure that the process is guaranteed and implemented correctly. It is also important to note that obtaining a work permit is a crucial step in applying for a temporary residence card or work visa in Vietnam.
Currently, regulations regarding work permits are governed by Labor Code No. 45/2019/QH14 and Decree No. 52/2020/ND-CP.
Foreign workers must meet specific conditions to legally work in Vietnam, as stated in Article 151.1 of the 2019 Labor Code.
- Age and legal capacity: employees must be 18 years of age or older and have full civil capacity.
- Qualifications and experience: appropriate professional, technical or vocational qualifications are required, along with health that meets the standards prescribed by the Minister of Health.
- Legal background: foreign workers must not be serving a sentence, have not had their criminal records dismissed or are being criminally prosecuted in Vietnam or abroad.
- Vietnam work permit: a work permit issued by a competent Vietnamese state management agency is required, except for cases exempted from work permits according to Article 154 of the Vietnam Labor Code.
Foreign workers must fulfill certain conditions to be protected under Vietnamese law while working in Vietnam, except for other cases specified in international treaties to which Vietnam is a signatory.
2. REQUIRED DOCUMENTS TO APPLY FOR A VIETNAM WORK PERMIT
To obtain a Vietnamese work permit, foreign employees must prepare the required documents in accordance with Form No. 11/PL1 as stated in Decree No. 152/2020/ND-CP. Below is a list of the necessary documents to complete the work permit application process:
- Health certificate: issued by a competent medical facility either in Vietnam or abroad, that is not older than 12 months from the date of application.
- Criminal record documents issued: issued within 6 months of the application date, certifying that you have no criminal record or are not currently under criminal prosecution.
For certain positions, specific documents are required. These include:
- Managers, executives, professionals or technicians: Documentation confirming professional qualifications, degrees, professional certifications or work experience.
- Soccer players: International Transfer Certificate (ITC) or documents from the Vietnam Football Federation.
- Pilot or flight attendant: Pilot license or certificate of eligibility to work on aircraft issued by the Ministry of Transport.
- Ship crew: Certificate of competency or certificate of competency in aviation maintenance.
Sports coach: Certificate of high performance in sports or coaching certificates from reputable organizations. If you are a foreign worker coming to Vietnam to work as a sports coach, you need at least one of the following certificates: Level B soccer coach certificate from AFC (Asian Football Confederation), AFC goalkeeper coach level 1 certificate, AFC fitness coaching certificate level 1 or AFC Futsal coaching certificate level 1, or any equivalent foreign certificate recognized by AFC.
To apply for a work permit in Vietnam, you would also need to submit the following documents:
- 02 portrait photos (4cm × 6cm in size, with a white background, and a clear face portrait without a hat or colored glasses). These photos should be taken within six months from the date of application.
- A notarized copy of your valid and unexpired passport.
- Documents related to the work you are seeking and the labor agreements with businesses or organizations in Vietnam.
It is important to note that the specific requirements for each case may vary depending on the type of work and current regulations. Therefore, it is advisable to contact the employer or legal services agency to ensure that your application is complete and meets all the necessary regulations.
3. HOW TO APPLY FOR A VIETNAM WORK PERMIT
As mentioned earlier, foreign workers are unable to apply directly for a work permit in Vietnam. They must be sponsored by an agency, employer, organization, or service unit. The registration process is as follows:
Step 1: In order to register the need to recruit foreign workers, a business must prepare the following documents:
- Form to register the need to use foreign workers: Use Form No. 01/PLI as per Decree No. 152/2020/ND-CP. If there is a change in the need to use foreign workers, use Form No. 02/PLI.
- Certified copy of Business Registration Certificate: This document proves the company’s legal rights to do business and employ workers.
- Authorization letter: This is necessary if the applicant is not the legal representative of the company.
Step 2: Apply for a work permit for foreigners
- Fill out the work permit application form (Form No. 11/PLI)
- Provide a health certificate for foreign workers: must have been issued in Vietnam or abroad, but with a certified Vietnamese translation. The certificate should not be older than 12 months before the application date.
- Provide a criminal record certificate: must be issued in Vietnam or abroad with a certified Vietnamese translation. The certificate should not be older than 6 months before the application date.
- Provide a certified copy of your passport.
- Provide the approval letter obtained in Step 1.
- Provide two photos measuring 4*6cm.
- Provide legalized copies of documents proving the foreigner’s eligibility for the position applied for, along with certified Vietnamese translations.
Step 3: Submit the document
Applicants need to prepare and submit their Vietnam work permit application at least 15 days in advance. However, we highly recommend applying at least 30 days before the expected start date of the foreign worker in Vietnam. This will allow for any unexpected incidents that may arise to be promptly handled.
There are two methods for submitting applications:
- Direct submission: The application can be submitted to either the Ministry of Labor, War Invalids and Social Affairs or the Provincial People’s Committee where the foreign worker is expected to work.
- Online submission: Applications can also be submitted through the online public service portal at dvc.vieclamvietnam.gov.vn.
Step 4: Waiting for progress
- Applying directly, processing takes 15 working days to approve the need for foreign workers.
- Applying online, processing takes only 12 working days to approve the need for foreign workers
Step 5: Get the result
- Time to receive results: The employer can expect to receive the work permit within five working days after submitting all valid documents, as per form 12/PLI
In case of refusal: If the permit is refused, the employer will receive a clear notice stating the reason for refusal.
4. HOW LONG IS A VIETNAM WORK PERMIT VALID?
As per Article 10 of Decree 152/2020/ND-CP, the term of a Vietnamese work permit depends on various factors but cannot exceed 02 years. These factors include:
- The term of the labor contract that will be signed between the employer and the foreign worker.
- The duration of foreign companies and enterprises that send foreign employees to work in Vietnam within the framework of transfer, training or technical assistance.
- The expected duration of projects or contracts between Vietnamese and foreign partners.
- The expected term of service provision mentioned in the contract or service provision agreement signed between Vietnamese and foreign partners.
- The service period limit stated in the documents of the service provider sending foreign employees into Vietnam to negotiate service provision.
- The service time limit specified in the certificate of the foreign non-governmental organization or international organization licensed to operate in accordance with Vietnamese law.
- The period of service limit mentioned in the documents of the service provider sending foreign employees to Vietnam to establish the service provider’s commercial presence.
- The limited period of service mentioned in documents proving that the foreign worker is allowed to participate in the operations of a foreign enterprise that has established commercial presence in Vietnam.
- The limit on service time mentioned in the approval document for using foreign employees.
5. VIETNAM WORK PERMIT PROCESSING TIME AND FEES
5.1 Processing Time
- Time to approve the need to recruit foreigners: the approval process for recruiting foreign workers comprises a 15 working day period. Upon receipt of an application for approval of the need to use foreign workers, the management agency will review and approve the business’s recruitment needs
- Issuance of work permit: Following approval, a valid work permit will be issued within 5 working days, provided that a complete application has been received
- Total processing time: The total processing time for all necessary documents is 20 working days.
Advice:
- Prepare in advance: It is recommended to start the process of hiring a foreign worker at least 30 days before their expected start date. This will allow enough time to handle any issues that may arise or any delays in the approval process
Check thoroughly: It is important to check all documents carefully and ensure that they are fully and accurately completed before submitting them. This can help prevent delays, errors, or mistakes.
5.2 Fees For Applying For A Vietnam Work Permit
When foreign workers apply for a work permit in Vietnam, the required fee may vary depending on the location where the procedure is carried out. According to Circular 250/2016/TT-BTC, the fee for work permit applications are as follows:
- Hanoi, the fee for applying for a new work permit is 400,000 VND.
- Ho Chi Minh City, the fee for a similar procedure is 600,000 VND.
- In some other localities, the fee can be as high as 1,000,000 VND.
Since fees can change and vary depending on each locality, employers need to stay updated with the latest information from their local labor agency to prepare and estimate relevant costs.
Conditions and Regulations for Payment of Fees
- The fee mentioned applies to each application for a new, extended, or amended work permit.
- These fees may change over time depending on any new regulations updated by local authorities.
Responsibility to Pay Fees
It is encouraged that the employer covers the cost of applying for a work permit for foreigners as a matter of practice. This is to ensure that the recruitment process is carried out smoothly without any hiccups and that foreign workers do not have to bear any additional financial burden.
6. FAQ ABOUT VIETNAM WORK PERMIT
❓What happens if there is no work permit?
✅If an employer hires a foreign worker who does not possess a valid work permit, both the employer and employee could face penalties. The severity of the penalty varies depending on the number of foreign workers involved in the violation. For instance,
- if the employer hires 1-10 foreign workers without work permits or with expired permits, they could face a fine from 30.000.000 VND to 45,000,000 VND.
- If the violation involves 11 to 20 foreign workers, the fine could be from 45.000.000 VND to 60,000,000 VND.
- In cases where the employer violates the work permit regulations with 21 or more foreign workers, they could face a fine from 60.000.000 VND to 75,000,000 VND.
Foreign workers who violate Vietnamese work permit regulations will be fined from 15 to 25 million VND. In severe cases, the foreign worker may even be deported from Vietnam if they do not have a valid work permit. It’s important to note that in some cases, a work permit may not be required. For instance:
- if an individual is working without a work permit or written certificate confirming the work permit exemption,
- Using an expired work permit or invalid exemption certificate.
❓Can a Vietnam work permit be extended after two years?
✅Foreign workers in Vietnam can extend their work permit, but they are only allowed to extend it once. When the work permit is about to expire, foreign employers should prepare and submit an application for renewal or a new work permit for their foreign workers to the labor agency.
❓What benefits can families of Vietnamese work permit holders enjoy?
✅Foreigners who hold a Vietnamese work permit are eligible to apply for a temporary residence card (TRC) in Vietnam, which is valid for up to 02 years. Additionally, the family members and dependents of these foreign workers can also apply for a dependent TRC, along with other social benefits related to residence.
However, the process of obtaining a Vietnamese work permit can be quite complicated, with many steps involved. It is important to have a clear understanding of the procedures and the current legal regulations to avoid mistakes, delays or even rejection of the work permit application.
For an efficient, successful, and cost-effective application process for a work permit in Vietnam, we recommend you to contact TrustVisa:
- Our team of experienced professionals will keep you updated on the most recent regulatory requirements pertaining to Vietnamese work permits.
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- Our team will work diligently on your behalf and keep you updated on the application processing status with the Ministry of Labor, War Invalids, and Social Affairs of Vietnam
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