HOW TO WORK PERMIT FOR FOREIGNERS [CORRECT & STANDARD 2023]

When foreigners work in Vietnam for more than 3 months, it is mandatory to apply for a work permit for foreigners (except for some cases where work permits are exempted). Currently, the regulations on procedures for applying for a work permit are always updated and changed, so it will be difficult for businesses to carry out the procedures themselves without timely update and will be returned a lot. Sometimes because of not being able to explain, preparing incomplete and incorrect documents… GBU Law Firm updated the correct and standard way to make work permits  for foreigners in 2023.

What conditions must foreign workers meet to apply for a work permit?

Necessary conditions to be met when applying for a Work Permit for foreigners include:

• Vietnam visa/visa must be valid for the duration of work according to the expected work permit
• Foreign workers must have a sponsoring company/unit to work in Vietnam
• Having professional/technical qualifications/skills/working experience corresponding to the intended occupation shown through a number of diplomas/certificates, except for other cases according to Vietnam’s regulations.
• A foreigner is not a person who is not yet a person who is serving a penalty or has not yet been cleared of criminal records or is being examined for penal liability under foreign/Vietnamese laws.

How to make work permit for foreigners

To  apply for a work permit  for a foreigner, an enterprise (the guarantor) must perform the following two main steps:

Step 1. Report explaining the need to use labor and get written approval

Enterprises must make a report explaining  the registration of specific needs for foreign workers  (Form No. 1/PLI) and obtain approval from the People’s Committee of the province or city where the business is registered.

Implementation time:  At least  30 days  before the expected date of using foreigners.

During the implementation process, if there is a change in the need to use foreign workers, the employer (except for contractors) shall send a report explaining the change according to Form No. 02/PLI Appendix I issued together with this Decree. No. 152/2020/ND-CP to the People’s Committee of the province at least 30 days before the expected date of employment of foreign workers.

Note:  In order for this step to be approved, the employer must prove, explain and determine the need to use foreign workers for each job position that Vietnamese workers have not yet met. Okay.

See also:  Regulations on submission of reports on employment of foreign workers

Step 2: Apply for a work permit

At least 15 days before , from the date the foreign worker is expected to start working in Vietnam, the Company must submit an application for a Work permit to the Department of Labor, War Invalids and Social Affairs where the foreign expert plans to work. working ants.

Depending on the working position, the work permit application will be different in the documents to prove the intended position of the foreigner. The profile will include:

• Application for a work permit, made according to Form No. 11/PLI
• Original passport with validity (more than 2 years)
• 02 new 4x6cm photos with white background and no glasses
• The medical examination certificate at the hospital meets the standard requirements. If the medical examination is conducted abroad, it must be translated into Vietnamese and legalized by the consulate.
• Judicial records are legalized consularly, notarized translation.
• Certificate of experience is notarized translation, consular legalization.
• The written approval of the People’s Committee of the province or city allows the enterprise to use foreign workers.
• Diplomas, certificates, professional certificates suitable to the profession … are consular legalized and notarized translation. The details of each position are as follows:

+ Papers proving that he is a manager or executive director;

+ Papers proving that they are experts or technical workers, including: diplomas, certificates, written certifications of agencies, organizations or enterprises abroad about the number of years of experience of the experts and technical workers. ;

+ A document proving the experience of a foreign football player or an international transfer certificate (ITC) issued to a foreign football player or a document from the Vietnam Football Federation confirming temporary registration or official for players of the club of the Vietnam Football Federation;

+ Pilot license issued by a competent authority of Vietnam or issued by a competent authority of a foreign country and recognized by a competent authority of Vietnam for foreign pilots or professional certificates be allowed to work on aircraft issued by the Ministry of Transport to flight attendants;

+ Certificate of professional qualifications in the field of aircraft maintenance, issued by a competent authority of Vietnam or issued by a competent authority of a foreign country and recognized by a competent authority of Vietnam. foreign workers doing aircraft maintenance work.

+ Certificate of professional ability or certificate of professional competence certificate issued by a competent authority of Vietnam to foreign seafarers;

+ Certificate of high achievement in the field of sports and certified by the Ministry of Culture, Sports and Tourism for sports coaches or at least one of the qualifications such as: B degree of football coach of Asian Football Confederation (AFC) or AFC Level 1 goalkeeping diploma or AFC Level 1 fitness coach diploma or AFC Level 1 Futsal or any equivalent foreign coach qualification recognized by AFC;

+ Diplomas granted by competent agencies that meet the requirements on qualifications and standards according to the Law on Education, the Law on Higher Education, the Law on Vocational Education and the Regulation on organization and operation of foreign language centers; Information technology promulgated by the Minister of Education and Training.

• Documents related to foreign workers:

– 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 workers who are managers, executives, experts and technical workers, there must be a document from the foreign enterprise, agency or organization sending the foreign worker to work. in Vietnam and suitable for the intended position.