A Work permit for foreigners: conditions and procedures

A work permit for foreigners is a mandatory legal requirement for individuals with foreign nationality when working in Vietnam. To meet legal regulations, foreign workers need to comply with the conditions and procedures for granting work permits in accordance with regulations. In the following article, Long Phan will present in detail the conditions, subjects, and procedures for applying for a work permit.

Conditions for foreigners to be allowed to work in Vietnam

To be granted a work permit in Vietnam, foreign workers must meet the conditions prescribed in Article 151 of the Labor Code 2019. Conditions include:

• Be 18 years old or older and have full civil capacity.
• Have professional qualifications, skills and skills suitable for work in Vietnam.
• Have good health, as certified by a competent medical facility.
• Not a person currently serving a sentence or being prosecuted for criminal liability.
• Have a work permit issued by a competent Vietnamese state agency, except for the cases specified in Article 154 of this Code.

In particular, for positions such as managers, executives, experts or technical workers, foreign workers need to provide documents proving experience and professional qualifications as required at Article 3 Decree 152/2020/ND-CP. These people need to have at least 3 years of experience or a practicing certificate depending on the specific type of job.

Subjects who are granted work permits in Vietnam

Foreigners who want to work in Vietnam must have a work permit, except in the following cases:

• Owners or capital contributing members of limited liability companies or joint stock companies with a capital contribution value of 3 billion VND or more according to Government regulations.
• Chairman of the Board of Directors or member of the Board of Directors of a joint stock company with a capital contribution value of 3 billion VND or more.
• Head of representative office, project or person responsible for operations of international organizations or non-governmental organizations in Vietnam.
• Enter Vietnam for less than 3 months to offer services, handle technical problems, complex technology affecting production and business that cannot be handled by existing experts.
• Foreign lawyers have been granted licenses to practice in Vietnam according to the provisions of the Law on Lawyers.
• Foreigners marry Vietnamese citizens and live in Vietnam.
• Internal mobility within enterprises in service sectors with Vietnam’s commitments to the WTO.
• Providing professional and technical consulting services or performing tasks related to ODA according to international treaties on ODA signed between Vietnam and other countries.
• Licensed by the Ministry of Foreign Affairs to operate information and press activities in Vietnam.
• Teaching or working as an administrator at educational institutions proposed to be established in Vietnam by foreign diplomatic missions or intergovernmental organizations.
• Volunteers according to the provisions of the Decree.
• Employees work less than 30 days in positions such as managers, executives, experts, technical workers, and no more than 03 times in 01 year.
• Implement international agreements that agencies and organizations at the central and provincial levels sign with foreign organizations and countries.
• Students interning at agencies, organizations, and businesses in Vietnam or interning on Vietnamese ships.
• Relatives of members of foreign representative agencies in Vietnam.
• Workers with official passports work for state agencies, political and social organizations.
• Person responsible for establishing a commercial presence in Vietnam.
• Employment in the field of education certified by the Ministry of Education and Training, including teaching, research, and management positions (principal, vice principal, executive director) at educational establishments established by the Ministry of Education and Training. diplomatic agency or intergovernmental organization established in Vietnam.

Depending on the subject and type of job, work permits for foreigners can have different validity periods, from 12 months to 3 years.

CSPL: Article 154 of the Labor Code 2019, Article 7 of Decree 152/2020/ND-CP, amended and supplemented by Decree 70/2023/ND-CP.

Procedures for applying for work permits for foreigners

Application for work permit

Applications for work permits for foreigners must be complete and valid according to the requirements in Article 9 of Decree 152/2020/ND-CP. Profile includes:

• Written request for a work permit from the employer according to Form No. 11/PLI Appendix I.
• Health examination certificate or health certificate issued by a competent medical agency.
• Criminal record card or confirmation of no criminal record.
• Documents proving job position for titles such as director, manager, expert.
• Document approving the need to use foreign workers, except in cases where it is not necessary to determine the need.
• 02 color photos (4×6 cm, white background, straight face, bare head, no colored glasses), taken within 06 months prior to the application submission date.
• Certified copy of passport or copy of passport certified by employer.
• Certificates, diplomas, and other documents proving that they are suitable for the job the employee plans to do in Vietnam.

Documents from abroad need to be consular legalized and authenticated according to Vietnamese law.

Procedure for issuing work permits

The process of granting work permits to foreigners is carried out according to the following steps:

Step 1: Submit application

• The employer sends the application for a work permit to the Department of Labor, War Invalids and Social Affairs or the Ministry of Labor, War Invalids and Social Affairs.
• The submission time is at least 15 days before the foreign worker’s expected start date.

Step 2: Process documents

• After receiving all valid documents, the competent authority will issue a work permit within 5 working days.
• In case the dossier is invalid, the competent authority will notify the reason and request additional information.
• In case a work permit is not issued, there will be a written response clearly stating the reason.

Step 3: Sign the labor contract

In case the employee comes to work in Vietnam under the form of a labor contract:

• After obtaining a permit, the employee and the employer must sign a written labor contract according to the provisions of the Vietnam Labor Code.
• Then, the employer must send the labor contract (original or certified copy) to the work permit issuing agency.

CSPL: Article 11 of Decree 152/2020/ND-CP.

>>> See more: In what cases are foreigners exempt from work permits in Vietnam?

Work permit application service for foreigners

Work permit application services for foreigners help businesses and workers save time and effort in preparing documents and carrying out procedures. These services often include:

• Consulting on conditions and procedures for issuing work permits.
• Prepare complete and valid documents to ensure the licensing process is valid.
• Support customers with consular legalization procedures and authentication of necessary documents.
• Representing customers in submitting applications and monitoring the work permit issuance process.
• Provide additional customer support and take measures to handle documents when rejected.
• Support procedures for reissuing and extending work permits as required.

A work permit for foreigners is a mandatory legal requirement for international workers working in Vietnam. To perform this procedure quickly and accurately, customers can contact Long Phan via the hotline 0906735386 to receive in-depth advice and comprehensive support in applying for a work permit, ensuring compliance with Vietnamese law.