What types of documents are included in the application for a work permit?

Application for a work permit are the required documents to submit to the competent authority. For this process to take place smoothly and according to regulations, it is necessary to prepare all necessary documents. These documents not only help authorities approve quickly, but also protect the legal rights of workers. The article below provides detailed information about the process and requirements for applying for a work permit.

Subjects who need to apply for a work permit in Vietnam

Pursuant to Article 154 of the Labor Code  2019 and Article 7 of Decree 152/2020/ND-CP, foreign workers must have a work permit when working in Vietnam. However, the following cases will be exempt from work permits:

• Head of representative office, project or responsible for the operations of international organizations and foreign non-governmental organizations in Vietnam.
• Entering Vietnam for less than 03 months to conduct service offering.
• Entering Vietnam for a period of less than 03 months to handle problems, complex technical and technological situations that arise that affect or threaten to affect production and business that Vietnamese experts and Foreigners currently in Vietnam cannot handle.
• Be a foreign lawyer who has been granted a License to practice law in Vietnam according to the provisions of the Law on Lawyers.
• In cases under the provisions of international treaties to which the Socialist Republic of Vietnam is a member.
• Be an owner or capital contributing member of a limited liability company with a capital contribution value of 3 billion VND or more.
• Be the 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.
• Moving within an enterprise within the scope of 11 service sectors in Vietnam’s service commitment schedule with the World Trade Organization, including: business, information, construction, distribution, education, environment, finance, health care, tourism, culture, entertainment and transportation.
• Entering Vietnam to provide professional and technical consulting services or perform other tasks serving research, development, appraisal, monitoring, evaluation, management and program implementation, The project uses official development assistance (ODA) according to regulations or agreements in international treaties on ODA signed between competent authorities of Vietnam and foreign countries.
• Licensed by the Ministry of Foreign Affairs to operate information and press activities in Vietnam according to the provisions of law.
• Being sent to Vietnam by a competent foreign agency or organization to teach or to work as a manager or executive director at an educational institution proposed to be established in Vietnam by a foreign diplomatic mission or intergovernmental organization; institutions and organizations established under international treaties that Vietnam has signed or participated in.
• Volunteer
• Enter Vietnam to work as a manager, executive director, expert or technical worker with a working period of less than 30 days and no more than 03 times in 01 year.
• Enter Vietnam to implement international agreements signed by agencies and organizations at the central and provincial levels according to the provisions of law.
• Pupils and students studying at schools and training facilities abroad have internship agreements with agencies, organizations and businesses in Vietnam; interns and trainees on Vietnamese ships.
• Relatives of members of foreign representative agencies in Vietnam.
• Have an official passport to work for state agencies, political organizations, or socio-political organizations.
• The person responsible for establishing a commercial presence.
• Certified by the Ministry of Education and Training for foreign workers entering Vietnam to teach and research.

Application for work permit for foreigners working in Vietnam

According to the provisions of Article 9, Decree 152/2020/ND-CP, the application for a work permit includes:

• Written request for a work permit from the employer according to Form No. 11/PLI, Appendix I issued with Decree 152/2020/ND-CP;
• Health certificate or health 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 application submission. Document or certificate of good health according to regulations of the Minister of Health;
• Judicial record card or document certifying that the foreign worker is not a person serving a sentence or has not had his or her criminal record erased or is being prosecuted for criminal liability by a foreign country or foreign country. Vietnam issued;
• Documents and documents proving that you are a manager, executive director, expert, technical worker and some professions and jobs;
• 02 color photos (size 4cm x 6cm, white background, straight face, bare head, no colored glasses), taken no more than 06 months before the date of application;
• Document approving the need to use foreign workers, except in cases where the need to use foreign workers is not required;
• Certified copy of valid passport according to law;
• Documents related to foreign workers.

Procedures for applying for a work permit

According to the provisions of Article 11 of Decree 152/2020/ND-CP, the order and procedures for applying for a Work Permit are carried out as follows:

Step 1: Submit application

The person submits the application for a work permit 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.

Step 2: Appraisal of documents and issuance of work permit

• Within 05 working days from the date of receiving a complete application for a work permit, the Ministry of Labor, War Invalids and Social Affairs or the Department of Labor, War Invalids and Social Affairs where the employee is expected to work, issue work permits to foreign workers.
• In case a work permit is not issued, there will be a written response clearly stating the reason.

Work permit duration and renewal

According to Article 10, Decree 152/2020/ND-CP, the term of the Work Permit is 02 years. Employees can renew but can only extend it once for a maximum period of 2 years.

Consulting and support services for applying for work permits at Long Phan

Long Phan provides comprehensive consulting services on work permit procedures. Our services include:

• Consulting on conditions and procedures for applying for a work permit in Vietnam;
• Draft and complete work permit applications;
• Representing customers to submit documents to competent authorities;
• Support in renewing and reissuing licenses if customers need;
• Support customers to explain to the authorities about the composition of the work permit application.

Long Phan will accompany customers in the process of applying for work permits for foreigners. With a professional team and effective working process, we will support you in completing the procedure quickly and accurately. If you need advice or support, please contact Long Phan immediately via the hotline: 0906735386 for the most detailed and dedicated advice.