All foreigners working in Vietnam and organizations in Vietnam which employ foreign employees for more than three (3) months are required by law to obtain a work permit. This is in accordance with their Vietnamese labor law (Articles 151 and 152 of the Labor Code 2012). However, foreign employees who are owners of a one-member limited liability company or a member of a limited liability company with two or more members, on the board of directors of a joint-stock company, heads of representative offices are not required to have an in-depth technical or technologically complex situations and foreign laborers.
The employee is required to apply for a work permit, however, the employee is to provide all the necessary documentation to the local labor department upon employment. Once all these documents will be submitted to the local Labour Department in Vietnam.
Once issued, the work permit remains the property of the employer and must be returned to the local Labor Department if the foreign employee is no longer employed in Vietnam.
Work permit can be extended for a maximum duration of two years for each extension. The application to file for extension must be ready to submit at least thirty days prior to expiry date.
(*) Issued by the foreign or Vietnamese authorized health organizations or agencies and takes effect within 12 months from the date of the medical examination. A period of time of 6 months.
(**) Issued by the foreign employer’s country or any country that the foreign employee has studied and has certification in. The applicant can contact a Consulate/Embassy in their country or their country Consulate/ Embassy in Vietnam if allowed legislation in Vietnam.
(***) Issued by the foreign competent authority. If the foreign employee is a lawful resident in Vietnam, only the criminal record issued by the Vietnam Police competent authority is required. Criminal record must be issued within 06 months prior to the submission of the application.
TIMELINE TO COMPLETE:
6 weeks to process all documentation and have finalized for collection.
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