Tiếng Việt
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Organizations or businesses wishing to recruit foreign workers must apply for a work permit for foreigners. Both businesses and foreigners need to meet the specific location-specific conditions of the Labor Law to be able to apply for a work permit. GBU Law Joint Stock Company would like to share the documents to apply for a work permit for foreigners True – Sufficient – Valid.
Who must apply for a work permit?
Subjects granted work permits specified in Decree 11/2016/ND-CP are foreigners who enter Vietnam for the following purposes:
- Performance of labor contracts;
- Moving within the enterprise;
- Performing all kinds of contracts or agreements on economy, commerce, finance, banking, insurance, science and technology, culture, sports, education, vocational education and health;
- Contracted service providers;
- Offering services;
- Working for a foreign non-governmental organization or an international organization in Vietnam that is permitted to operate in accordance with Vietnamese law;
- Volunteers;
- Person responsible for establishing a commercial presence;
- Managers, executives, experts, technical workers;
- Participating in the implementation of bidding packages and projects in Vietnam.
Conditions for applying for a work permit for foreigners:
To apply for a work permit , both businesses and foreign workers need to meet the following conditions:
1. Conditions for enterprises to recruit foreign workers:
According to Article 152 of the Labor Code 2019 stipulates the conditions for recruitment and employment of foreign workers working in Vietnam as follows:
- Only foreign workers are allowed to recruit and use foreign workers for managerial, executive, expert and technical positions that Vietnamese workers cannot satisfy according to production and business needs.
- Before recruiting foreign workers to work in Vietnam, they must explain their need to employ workers and obtain written approval from competent state agencies.
- Specifying job positions, professional and technical qualifications, working experience, working time, need to employ foreign workers to implement the bidding package and get the written approval of the agency. competent state before hiring foreigners.
2. Conditions for foreign workers to work in Vietnam
Foreign workers working in Vietnam are foreign nationals and must meet the following 4 conditions:
(1) Being 18 years of age or older and having full civil act capacity;
(2) Having professional qualifications, techniques, skills and working experience;
(3) Being in good health as prescribed by the Minister of Health;
(4) 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;
Documents for applying for a work permit are correct, complete and valid
According to the conditions prescribed by the law above, in order to apply for a work permit, businesses and foreigners need to have the following documents:
1. Written approval of demand for foreign workers
2. A judicial record card 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. more than 6 months from the date of issue to the date of application submission.
3. The health certificate or medical examination certificate issued by a competent foreign or Vietnamese medical agency or organization is valid for a period of 12 months from the date of signing the health conclusion to the date of submit.
4. 02 color photos (size 4cm x 6cm, white background, straight face, bare head, no colored glasses), photos taken within 06 months from the date of application.
5. Certified copy of valid passport
6. Documents and papers proving that he/she is a manager, executive director, expert or technical worker and a number of occupations and jobs are prescribed as follows:
– For foreign workers moving within the enterprise, there must be a document of the foreign enterprise sending to work at the commercial presence of that foreign enterprise in the Vietnamese territory and a document proving that the foreign worker is a foreign worker. foreign workers who have been recruited by that foreign enterprise before working in Vietnam for at least 12 consecutive months.
– For foreign workers entering Vietnam to perform various types of contracts or agreements on economics, commerce, finance, banking, insurance, science and technology, culture, sports, and education. , vocational education and health care must have a contract or agreement signed between the Vietnamese side and the foreign side, in which there must be an agreement on the foreign workers working in Vietnam.
– For foreign workers, the contract service provider must have a service provision contract signed between the Vietnamese side and the foreign side and a document proving that the foreign worker has worked for the foreign worker. foreign enterprises that have not had a commercial presence in Vietnam for at least 02 years.
– For foreign workers offering services, there must be a document from the service provider sending foreign workers into Vietnam to negotiate service provision.
– For foreign workers working for foreign non-governmental organizations, international organizations in Vietnam that are allowed to operate under Vietnamese law must have a certificate from foreign NGOs. In addition, international organizations are permitted to operate in accordance with Vietnamese law.
– For foreign employees who are managers and executives, it is necessary to have papers proving that they are managers or executives and must have a document from the foreign enterprise, agency or organization that appoints the employee. foreign workers to work in Vietnam and suitable for the intended position.
Foreign workers who are experts need one of the following two documents:
- Having a university degree or equivalent educational certificate, suitable to the industry or field in which the foreigner is expected to work in Vietnam and having at least 03 years of experience in that field;
- Having a practicing certificate suitable to the field or department in which the foreign worker is expected to work in Vietnam and having at least 05 years of working experience in that field.
– Foreign workers being technical workers need to have documents to prove one of the following two cases:
- Be trained in a specialty related to the field in which the foreign worker is expected to work in Vietnam and have at least 03 years of experience in that field.
- Having at least 05 years of working experience in the field in which the foreign worker is expected to work in Vietnam.
7. Consular legalization and authentication of papers: The papers specified at Points 1, 2, 3, 6 above are 01 originals or certified copies. If they are foreign, they must be legalized. consular legalization, except for cases where consular legalization is exempted under international treaties to which the Socialist Republic of Vietnam and related foreign countries are contracting parties or on the principle of reciprocity or under the provisions of law. provisions of law; translated into Vietnamese and authenticated in accordance with Vietnamese law.
=> Some other special cases such as changing location, changing company, can contact us for advice and support.
Work permit application process
After preparing all the above documents, the enterprise will follow the process of applying for a work permit as follows:
– Step 1: At least 15 working days before the date the foreign worker is expected to start working for the employer, the employer must submit an application for a work permit. for the Department of Labor, War Invalids and Social Affairs.
– Step 2: Within 05 working days from the day on which the complete application for a work permit is received, the Department of Labor, War Invalids and Social Affairs shall issue a work permit to the foreign worker according to the form provided by the Department of Labor. The Ministry of Labor – Invalids and Social Affairs regulates (the content of the work permit is according to Form No. 4, Appendix III issued together with Circular No. 18/2018/TT-BLDTBXH). In case of refusal to issue a work permit, a written reply clearly stating the reason.
For foreign workers working under labor contracts, after being granted a work permit, the employer and the foreign worker must sign a written labor contract in accordance with the provisions of law. Vietnamese labor law before the expected date of employment for the employer.
Within 05 working days from the date of signing the labor contract, the employer must send a copy of the signed labor contract to the Department of Labor, War Invalids and Social Affairs that has issued the work permit. there.
Fast work permit application service at GBU Law Joint Stock Company
With more than 8 years of experience, GBU Law Joint Stock Company specializes in processing work permit applications for foreigners. We have been and are a partner for many businesses wishing to recruit foreign workers. Customers only need to provide their passport and identification documents depending on the appropriate location. We will advise and complete all procedures in the simplest and most accurate way.
Service for making work permits for foreigners
Our package of work permit application services will include:
 Profile consulting |
– Advice on suitable registered labor positions for accurate documents – Advice on necessary documents to prepare documents – Consultancy on whether documents are correct, sufficient and valid – Consulting support English consultation with foreigners |
| Implementation process |
– Apply for a letter of approval for the position of using foreign workers for the company.– Carry out the following procedures if the customer has not done so:
– Apply at the Department of Labor |
| Processing Time |
5 business days |
| Expense |
Competitive, clear and fully invoiced. Commitment does not arise. |
| Hotline |
028 3510 1088 |
