1. What is a work permit for foreign workers?
Work permit or more precisely work permit for foreigners working in Vietnam. This is a document issued by the competent authority of Vietnam to a foreign worker when satisfying a number of conditions prescribed by law.
Foreign workers who are granted work permits are considered to work legally and have their legitimate rights and interests protected in industrial relations.
2. According to the 2019 Labor Code, Article 151.1., conditions for foreign workers working in Vietnam are stipulated as follows:
• Be at least 18 years old and have full civil act capacity.
• Having appropriate technical, professional, professional and health qualifications and experience as prescribed by the Minister of Health.
• must not be a person who is serving a sentence or has not had his/her criminal record cleared or is being examined for penal liability in accordance with foreign or Vietnamese laws.
• Have a work permit issued by a competent state management agency of Vietnam, except for the case specified in Article 154 of the Code.
Foreign workers working in Vietnam must comply with the above conditions and the Vietnamese Labor Code, and be protected by Vietnamese law, unless otherwise provided for in treaties to which the Socialist Republic of Vietnam is a contracting party.
3. Subjects eligible for work permits in Vietnam
Subjects applying for work permits have been clearly specified in Decree 152/2020/ND-CP on Work Permits for foreign workers working in Vietnam. They are foreigners entering Vietnam for the following purposes:
• Performance of labor contracts;
• Implement the company's internal transfer program;
• Performance of contracts and agreements on business, trade, finance, banking, insurance, science and technology, culture, sports, education, vocational training and health;
• Provision of contractual services;
• Provision of services;
• Working for foreign non-governmental organizations or international organizations in Vietnam that have been granted operating licenses in accordance with Vietnamese law;
• Working as managers, executives, experts, technicians;
• Participate in the implementation of contracts and bidding projects in Vietnam.
In addition, the law also stipulates who are eligible to sponsor work permits for foreign workers as follows:
• Enterprises operating under the Enterprise Law, the Investment Law and international treaties to which the Socialist Republic of Vietnam is a contracting party;
• The contractor participates in the bidding and performance of the contract;
• Representative offices, branches of enterprises, agencies and organizations licensed by competent agencies for establishment;
• State agencies, political organizations, socio-political organizations, socio-political-professional organizations, social organizations, socio-professional organizations;
• Foreign non-governmental organizations that have been granted licenses by competent agencies of Vietnam in accordance with Vietnamese law;
• Non-business organizations and educational institutions established in accordance with the provisions of Vietnamese law;
• International organizations, foreign project offices in Vietnam; agencies and organizations permitted by the Government, the Prime Minister, ministries and branches to establish and operate in accordance with the provisions of Vietnamese law;
• Executive offices of foreign investors under business cooperation contracts or foreign contractors permitted to operate in accordance with Vietnamese law;
• Organize activities in the field of law in Vietnam in accordance with the provisions of Vietnamese law;
• Cooperatives and cooperative unions established and operating under the Cooperatives Law;
Business households and individuals are permitted to do business in accordance with the provisions of Vietnamese law.
4. Conditions for issuance of work permits
According to regulations, to apply for a work permit, foreign workers must fully meet the following conditions:
• Foreign workers must have full civil act capacity as prescribed by law.
• Foreign workers must prove their health status in accordance with the requirements of the vacancy.
• Foreign workers must not be criminals or be examined for criminal liability in accordance with Vietnamese and foreign laws.
• Foreign workers must be managers, operation directors, experts or technicians and must provide documents proving their eligibility as prescribed in Decree 152/2020/ND-CP - Article 3 as follows:
For foreign experts:
+ Having a university diploma or higher or equivalent and having at least 3 years of working experience in the field of training suitable to the job position that the foreign worker plans to work in Vietnam;
+ Having at least 5 years of experience and practicing certificates suitable to the jobs foreign workers are expected to work in Vietnam, with consular legalization marks;
For technical workers:
+ Individuals who have been trained in technical fields or other majors for at least one year and have worked for at least three years in the field of training, with the consular legalization seal; or
+ At least five years of experience related to the job they will be employed in Vietnam.
For executives and managers:
+ Decision on appointment;
+ At least five years of experience related to the job they will be employed in Vietnam.
5. A dossier of application for a work permit includes:
• The employer's application for a work permit is specified in Form No. 11/PL1 Appendix issued together with Decree No. 152/2020/ND-CP.
• The certificate of eligibility to work issued by a competent medical establishment of a foreign country or of Vietnam shall be issued within 12 months before the date of submission of the application or the certificate as prescribed by the Minister of Health.
• A criminal record or certificate certifying that the foreign worker is not an offender or is being examined for criminal liability issued by a competent authority of a foreign country. This record and certificate shall be issued within 06 months from the date of issuance to the date of submission of the application.
• One of the following documents must be provided in case the foreign employee is a manager, executive, expert or technician:
o Documents certifying that the foreign worker is a manager and administrator in accordance with laws and regulations;
o Documents certifying foreign workers as experts or technical workers include diplomas, certificates and certifications of foreign agencies, organizations and enterprises for a number of years of experience of experts and technical workers.
o A document confirming that the foreign worker is an experienced foreign footballer or an international transfer certificate (ITC) issued to a foreign footballer or a document from the Vietnam Football Federation confirming the temporary or official registration of the player by a club affiliated to the Vietnam Football Federation.
o Documents certifying that the foreign worker has a pilot's license issued by a competent authority of Vietnam, or issued by a competent authority of a foreign country and certified by a competent authority of Vietnam for foreign pilots; or a certificate of eligibility to work on an aircraft issued by the Ministry of Transport for flight attendants.
o A document certifying that the foreign worker has a certificate of aviation maintenance capacity issued by a competent authority of Vietnam, or issued by a competent agency of a foreign country and certified by a competent authority of Vietnam for the foreign worker performing maintenance on board.
o A document certifying that the foreign worker has a certificate of competence or a certificate of competence issued by a competent authority of Vietnam to the foreign seafarers of the ship/ship.
o Documents certifying that the foreign worker has a certificate of high achievement in sports certified by the Ministry of Culture, Sports and Tourism for a sports coach or at least one of the following certificates: AFC (Asian Football Confederation) B-level football coach certificate or AFC level 1 goalkeeper coaching certificate, or AFC level 1 physical training certificate or AFC level 1 Futsal coach certificate or any equivalent foreign certificate recognized by AFC.
o Documents certifying that the foreign worker has diplomas granted by competent agencies according to standard diplomas or qualifications of the Law on Education, the Law on Higher Education, the Law on Vocational Education and the Regulations on organization and operation of foreign language and informatics centers issued by the Minister of Education and Training.
• 02 color photos (4cm×6cm, white background, front, bare head, no stained glasses). Photo taken within 06 months from the date of submission.
• Accept the need to employ foreign workers, unless otherwise required.
• 01 notarized copy of valid passport.
• Documents related to foreign workers:
o For foreign workers implementing the company's intra-company transfer program, the foreign worker must have a document issued by the foreign company to send the employee to work at that company's commercial presence in the territory of Vietnam and a document proving that the foreign company has been employed by the foreign company at least 12 consecutive months before the date transfer;
o For foreign workers performing contracts or agreements on business, trade, finance, banking, insurance, science and technology, culture, sports, education, vocational training and health, there must be agreements or agreements signed between Vietnamese and foreign partners, which clearly states the agreement on the placement of foreign workers into Vietnam;
o For a foreign worker providing services under a contract, there must be a service contract signed between a Vietnamese and foreign partner and documents proving that he or she has worked for a foreign company without a commercial presence in Vietnam for at least 2 years;
o For foreign workers providing services for sale and sale, a document issued by the service provider must be issued to bring the foreign worker to Vietnam to negotiate the provision of services;
o For foreign workers working for foreign non-governmental organizations or international organizations in Vietnam that have been granted operation licenses in accordance with Vietnamese law, they must also have documents sent to work for foreign non-governmental organizations, international organizations in Vietnam in accordance with the provisions of Vietnamese law;
o For foreign workers working as managers, executives, experts and technicians, a document issued by a foreign enterprise, agency or organization must be sent to work in Vietnam in accordance with the expected job position.
6. Authorities issuing work permits:
According to Circular 40/2016/TT-BLDTBXH - Article 3, the authority competent to grant work permits is:
Ministry of Labor, War Invalids and Social Affairs
Department of Labor, War Invalids and Social Affairs of the province/city
The issuance of work permits is based on the type of enterprise or organization where the foreign worker works.
7. Procedures for issuance of work permits to foreign workers working in Vietnam
7.1. Offer to accept the hiring of foreign workers
At least 30 days before starting work, the Employer (except the contractor) who requests to hire foreign workers must make a written request to the Ministry of Labor, War Invalids and Social Affairs or the President of the provincial People's Committee to report on the need to employ foreign workers.
According to the new regulations stipulated by Circular 23/2017/TT-BLDTBXH effective from October 02, 2017, employers can also submit requests via the portal at:
• The employer registers an account at the address mentioned above and submits the application together with the established account, within at least 20 days before the expected date of starting work;
• Within 12 days from the date of receipt of a valid dossier and a report explaining the need to hire foreign workers, the competent agency shall send the results via email of the employer. If the submitted dossier is invalid, the competent authority will issue a notice for correction.
• After receiving approval for permission to hire foreign workers, the employer directly submits or mails the original dossier to the competent authority. Within 08 hours after receiving the original dossier, the competent agency shall return the initial approval result to the employer.
• The dossier includes: Form explaining the need to hire foreign workers (according to the form of Circular 40/2016/TT-BLDTBXH).
7.2. Submission of application for work permit for foreign workers
An application for a work permit must be submitted to the Ministry of Labor, War Invalids and Social Affairs or the Department of Labor, War Invalids and Social Affairs where the foreign worker is expected to work at least 15 days before starting work.
If the application is complete and valid, the applicant will pay the work permit fee and be scheduled for an appointment on the day of return of results. Otherwise, the applicant will be notified for additional details of his application.
Work permit processing time usually takes 5 working days from the date of receipt of a complete and valid application.
7.3. Get Results
Within 05 working days, the Ministry of Labor, War Invalids and Social Affairs or the Department of Labor, War Invalids and Social Affairs shall issue a work permit to the work permit applicant according to form 12/PLI issued together with Decree index 152/2020/ND-CP.
In case of refusal, the Ministry or the Department of Labor, War Invalids and Social Affairs shall notify in writing and clearly state the reasons for refusal.
8. Work permit issuance fee
Depending on where the procedure for issuing work permits to employees is carried out, the fee will be regulated differently (according to Circular 250/2016/TT-BTC).
For example, in Hanoi, the fee for applying for a new work permit is 400,000 VND, in Ho Chi Minh City it is 600,000 VND for the same type. The highest fee today is 1,000,000 VND. This fee may change from time to time depending on local regulations.
Foreigners will not have to pay the work permit application fee, employers should cover the cost.
9. Duration of the work permit
Article 10 of Decree 152/2020/ND-CP clearly stipulates the duration of a work permit issued according to the duration of one of the following cases, but not exceeding 02 years:
• The term of the labor contract expected to be signed;
• The duration of the foreign party to bring the foreign worker to work in Vietnam;
• The term of the contract or agreement signed between the Vietnamese side and the foreign partner;
• The term of the contract or service provision agreement signed between the Vietnamese and foreign partners;
• Limit the time for compliance stated in the document of the service provider bringing foreign workers into Vietnam to negotiate the provision of services;
• The time limit for serving the sentence has been specified in the certificate of the foreign non-governmental organization or international organization licensed to operate in accordance with the provisions of Vietnamese law;
• Time limit in the service provider's document sending foreign workers into Vietnam to establish the service provider's commercial presence;
• Limitation of service time in documents proving that foreign workers are allowed to participate in activities of foreign enterprises that have established a commercial presence in Vietnam;
• Time limit for serving the sentence in the written approval for the employment of foreign workers.
Above is information related to work permits for foreign workers working in Vietnam. This information will be updated regularly in case of changes.
10. What happens if you don't have a work permit?
10.1. For businesses
An employer employing a foreign worker to work in Vietnam without a work permit or a written confirmation of not being eligible for a work permit or employing a foreign worker with an expired work permit or a written confirmation not eligible for a work permit is recorded:
• A fine from VND 30,000,000 to VND 45,000,000 if violating from 01 person to 10 employees;
• A fine of VND 45,000,000 to VND 60,000,000 for violations from 11 people to 20 employees;
• Fine: From VND 60,000,000 to VND 75,000,000 for violations of 21 or more employees.
10.2 For employees
A fine ranging from VND 15 to VND 25 million shall be imposed on foreign workers who commit one of the following acts:
• Working without a work permit or without written confirmation of not being eligible for a work permit;
• Using an expired work permit or an invalid written confirmation of not being eligible for a work permit.
In addition to fines, foreign workers are also deported from Vietnam without a work permit or written confirmation of not being eligible for a work permit.