To work legally in Vietnam, foreigners must be granted a work permit before working and signing a labor contract. This article will help you understand how to apply for a work permit and what documents need to be prepared.
- Licensing agency: The Department of Labor, War Invalids and Social Affairs at the place where the foreigner works.
- Term of the work permit: Maximum 2 years and can be renewed once for a maximum term of another 2 years.
- Sequence of procedures: The procedure to apply consists of 2 steps.
Step 1: Explaining the need to use foreign workers
Step 2: Applying for a work permit
- How long does it take to get a work permit?
In the absence of additional requirements from the licensing authority, it takes about 4-5 weeks for a work permit to be issued.
- Required documents:
Preparing the required documents in advance saves the guaranteeing company and foreign workers time and costs. The required documents can be divided into the following 2 categories:
5.1 General documents:
- Health check certificate valid for a period of at least 12 months issued by a competent foreign or Vietnamese medical agency or organization, certifying that the applicant is healthy enough to work.
- Criminal record certificate issued by a Vietnamese or foreign agency within 6 months prior to the date of application submission.
- Two color photos (4cm x 6cm in size) with white background, straight face, bare head, no stained glasses, and collared shirt. The photos must have been taken within 06 months prior to the date of application submission.
- Original and certified copies of all pages of the passport.
- Document confirming that the individual successfully completed isolation period (due to the Covid-19 epidemic).
- Enterprise registration certificate and investment registration certificate of the company employing the foreign worker.
5.2 Additional documents:
- Decision appointment
- A university degree or higher or equivalent degree and at least 3 years of work experience in the field of the job position that the foreign worker is expected to work in Vietnam (for experts).
- Confirmation of at least 5 years of work experience and practice certificate relevant to the position which the foreign worker is expected to work in Vietnam (for experts).
- Certificate of training in technical or other majors for at least 1 year and certificate showing work experience of at least 3 years in the trained specialty (for technical workers).
- Confirmation of at least 5 years of work experience relevant to the position in which the foreign worker is expected to work in Vietnam (for technical workers).
Note: Documents must be original or certified copies. If the documents are from a foreign country, they must be consular legalized, translated into Vietnamese and authenticated in accordance with Vietnamese law.
- Additional rules applicable for obtaining a work permit
- Work permit is issued separately for each company where the foreigner works. Thus, when joining another company, the foreigner must apply for a new work permit.
- A work permit is required for being granted a temporary residence card.
- The passport of the applicant should have a minimum validity of 2 years, in case the validity of the passport is less than 2 years, foreigners can consider applying for a new passport at the embassy/consulate in Vietnam.
- The labor contract:
- Must be a fixed-term contract.
- Must have a term not exceeding two years according to the work permit.
- After the foreign worker is granted a work permit, the employer and the foreign worker must sign a written labor contract in accordance with Vietnamese labor law before the expected date of employment.
- The employer must send the signed labor contract at the request of the competent authority that issued such work permit. The labor contract must be an original or certified copy.
In case you have any questions or encounter difficulties in the process of applying for a work permit, please contact us for assistance.
Writing period: 09/08/2021
The article is based on applicable law at the time noted above and may no longer be relevant at the time the reader approaches this article due to the change in applicable law and the specific case in which the reader wishes to apply. Therefore, the article has only reference values.