Note when applying for a work permit for investors

Applying for a work permit for investors is a legal procedure in Vietnam. Foreign investors need to prepare documents and comply with the legal procedures. Competent authorities will consider issuing work permits in certain cases. Our article below will provide you with things to note when applying for a work permit for investors.

Work permit for investors

What is a work permit for investors?

Work permit for investors is a legal document issued by a competent state agency to foreigners working in Vietnam. Foreign investors need this license to work legally in Vietnam according to the 2019 Labor Code. This license confirms the investor’s status, job title and term of employment at a Vietnamese enterprise.

According to Article 151 of the Labor Code 2019, foreign investors must meet the following conditions:

• Be 18 years old or older and have full civil capacity;
• Have professional qualifications, techniques, skills, and work experience; Have good health according to regulations of the Minister of Health;
• Not a person who is serving a sentence or has not had a criminal record erased or is being prosecuted for criminal liability according to foreign or Vietnamese law;
• Have a work permit issued by a competent Vietnamese state agency, except for the cases specified in Article 154 of this Code.

Cases of applying for work permits for investors

Foreign investors need to apply for a work permit when not exempted according to Vietnamese law. Article 154 of the Labor Code 2019 and Article 7 of Decree 152/2020/ND-CP (amended by Decree 70/2023/ND-CP) regulate cases of work permit exemption.

Specifically, foreign investors must apply for a work permit if they do not fall into the following cases:

• Owners or members contributing capital of 3 billion VND or more in a limited liability company;
• Chairman of the Board of Directors or member of the Board of Directors of a joint stock company with capital contribution of at least 3 billion VND;
• Head of representative office of international organization in Vietnam;
• Enter Vietnam for less than 3 months to offer services or handle technical problems;

In addition, foreign investors who are granted a license to practice in Vietnam, foreigners married to Vietnamese people and living in Vietnam are also exempt from work permits. Other cases according to Government regulations or international treaties to which Vietnam is a member may also be exempted from issuing work permits.

Procedures for applying for a work permit for investors

Please confirm your need to employ foreign workers

Pursuant to Clause 2, Article 1 of Decree 70/2023/ND-CP effective from September 18, 2023, confirmation of the need to employ foreign workers is regulated as follows:

At least 15 days in advance from the expected date of using foreign workers, employers (except contractors) are responsible for determining the need to use foreign workers for each job position that they Vietnamese workers have not yet responded and reported 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.

During the implementation process, if there is a change in the need to use foreign workers in terms of position, job title, form of work, quantity, and location, the employer must report to the Ministry of Labor and Trade. Department of Labor, War Invalids and Social Affairs at least 15 days in advance from the expected date of employing foreign workers.

After receiving written approval, the enterprise can proceed with the procedures to apply for a work permit for foreign investors. Confirming the need to use foreign workers helps management agencies grasp and control the situation of using foreign workers at businesses.

Apply for a work permit

To apply for a work permit, foreign investors need to prepare documents according to the provisions of Article 9 of Decree 152/2020/ND-CP, Article 1 of Decree 70/2023/ND-CP effective from January 1, 2020. September 18, 2023. Work permit application documents for investors include:

1. Written request for a work permit from the employer. In case a foreign worker works for an employer in multiple locations, the work permit application must fully list the work locations.
2. Health certificate or health examination certificate issued by a competent foreign or Vietnamese medical agency or organization is valid for 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.
3. 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.

A criminal record card or document certifying that the foreign worker is not a person serving a sentence or has not had a criminal record erased or is being prosecuted for criminal liability shall be issued no more than 06 days. months from the date of issue to the date of application submission.

1. Documents and documents proving that you are a manager, executive director, expert, technical worker and a number of occupations and jobs according to the provisions of law.
2. 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.
3. Document approving the need to use foreign workers, except in cases where the need to use foreign workers is not required.
4. Certified copy of passport or copy of passport certified by the employer that is still valid according to the provisions of law.
5. Other related documents.

Applications are submitted to the Ministry of Labor, War Invalids and Social Affairs or the Department of Labor, War Invalids and Social Affairs where the foreigner plans to work. Within 5 working days from the date of receiving complete and valid documents, the authorities will issue a work permit to the foreign investor. In case of refusal, the authorities will respond in writing and clearly state the reason.

After being granted a work permit, foreign investors need to apply for a temporary residence card at the immigration management agency to legally reside in Vietnam during their working period.

>>> Sample letter requesting a work permit from the employer

Procedures for applying for a work permit

Work permit duration for investors

According to Article 155 of the 2019 Labor Code, the maximum term of a work permit for foreign investors is 2 years. Work permits can be renewed once for a maximum period of 2 years. Thus, the total time a foreign investor can work in Vietnam with a work permit is 4 years.

To extend the work permit, investors need to meet the conditions specified in Article 16 of Decree 152/2020/ND-CP. Specifically, the work permit must be valid for at least 5 days but no more than 45 days, be approved by the authorities for the need to use foreign workers, and have documents proving continued work for the employer. employ labor.

Investors should pay attention to the term of the work permit to promptly carry out extension or new issuance procedures. Working in Vietnam when your work permit expires may result in administrative sanctions or forced exit according to the law.

Consulting services for Applying for a work permit for investors

Services to support foreign investors in obtaining work permits in Vietnam will help investors save time, effort and ensure documents are fully and accurately prepared according to legal regulations. When using consulting services, investors need to choose a reputable company with experience in this field to ensure the process of applying for a work permit goes smoothly and in accordance with the law. With a team of experienced experts, Long Phan is committed to providing customers with reputable, dedicated and effective consulting services.

Long Phan supports customers wholeheartedly in Applying for a work permit for investors as follows:

• Consulting on conditions and procedures for Applying for a work permit for investors;
• Evaluate conditions and ability to apply for a work permit for investors.
• Prepare and complete work permit applications for investors;
• Representative submits documents and monitors processing progress at the authorities;
• Support explanations and additional documents if necessary;
• Receive results and hand over work permits to customers;
• Providing consulting services related to the use of foreign workers.

Applying for a work permit for investors

Applying for a work permit for investors is an important legal process in Vietnam. You need to clearly understand the conditions, procedures and deadlines according to the 2019 Labor Code and Decree 152/2020/ND-CP. Please prepare complete and accurate documents and submit them on time to avoid legal risks. If you need support, Long Phan is ready to provide detailed advice on the process of applying for, renewing work permits and related issues for foreign investors in Vietnam. Contact hotline: 090.673.5386 for support.