Conditions for foreign workers working in Vietnam

Conditions for foreign workers working in Vietnam are mandatory factors that foreigners must meet when working in Vietnam. This regulation is designed to control and select elite personnel for the country’s labor system. Follow Long Phan’s article below to clearly understand the conditions when choosing Vietnam as a working country.

In what cases do foreign workers work in Vietnam?

According to Clause 1, Article 2 of Decree 152/2020/ND-CP, foreign workers are foreign citizens working in Vietnam in the following forms:

• Implement a labor contract.
• Moving within the enterprise.
• Carry out all kinds of contracts or agreements on economics, trade, finance, banking, insurance, science and technology, culture, sports, education, vocational education and health.
• Contract service provider.
• Offering services.
• Working for foreign non-governmental organizations or international organizations in Vietnam that are allowed to operate according to Vietnamese law.
• The person responsible for establishing a commercial presence.
• Managers, executives, experts, technical workers.
• Participate in implementing bidding packages and projects in Vietnam.
• Relatives of members of foreign representative agencies in Vietnam are allowed to work in Vietnam according to the provisions of international treaties to which the Socialist Republic of Vietnam is a member.

The above cases are specifically regulated to determine the scope of application of regulations on foreign labor in Vietnam. Each form of work has its own characteristics depending on the actual needs of the worker.

Conditions for foreign workers working in Vietnam

According to Article 151 of the Labor Code 2019, foreign workers working in Vietnam must meet the following 5 conditions:

• Be 18 years old or older and have full civil capacity.
• Have professional qualifications, techniques, skills, and work experience.
• Be in good health according to regulations of the Minister of Health.
• Not a person who is serving a sentence or has not had his or her 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 cases not subject to a work permit.

These conditions are to ensure that foreign workers have enough capacity, qualifications and legal status to work in Vietnam. Compliance with these conditions helps protect workers’ rights and ensure the quality of foreign human resources in Vietnam.

Application for work permit for foreigners

According to Article 9 of Decree 152/2020/ND-CP (amended by Point a, Clause 5, Article 1 of Decree 70/2023/ND-CP), application documents for work permits for foreigners include:

• 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 medical agency within 12 months.
• A criminal record card or document certifying that the employee is not serving a sentence or has not had his or her criminal record erased, must be issued no more than 6 months old.
• Document proving that you are a manager, executive director, expert or technical worker.
• 2 color photos (4cm x 6cm, white background, taken within the last 6 months).
• Document approving the need to use foreign workers.
• Copy of valid passport.
• Other related documents as prescribed.

Applications need to be submitted fully and in accordance with regulations to ensure a smooth approval process. Some documents have deadlines and consular legalization requirements, applicants should pay attention to prepare them promptly.

Procedure for granting work permits to foreigners

Licensing authority

According to the provisions of Article 11 of Decree 152/2020/ND-CP, the competent authority to issue work permits to foreigners is:

• Ministry of Labor, War Invalids and Social Affairs.
• Department of Labor, War Invalids and Social Affairs where the foreign worker is expected to work.

The division of licensing authority between central and local agencies helps effectively manage foreign workers nationwide and in each locality.

Implementation procedures

The order for granting work permits to foreigners is specified in Article 11 of Decree 152/2020/ND-CP specifically as follows:

Step 1: Submit application for work permit:

• Time: At least 15 days in advance from the date the foreign worker is expected to start working.
• Place of submission: Ministry of Labor, War Invalids and Social Affairs or Department of Labor, War Invalids and Social Affairs where the foreign worker is expected to work.
• Applicant: Depending on the type of work of the foreign worker, the applicant can be the employer, the agency/organization inviting the worker to work, or the worker themselves foreign.

Step 2: Issuance of work permit:

• Processing time: Within 05 working days from the date of receipt of complete and valid documents.
• Result: Issue a work permit according to Form No. 12/PLI Appendix I issued with Decree 152/2020/ND-CP or have a written refusal clearly stating the reason.
• License form: Paper copy or electronic copy (must meet relevant legal regulations).

Step 3: Sign the labor contract:

• Time: After being granted a work permit and before the expected start date.
• Requirements: Sign a written labor contract according to Vietnamese labor laws.
• Report: Send a copy of the signed labor contract to the agency that issued the work permit.

This process ensures transparency and efficiency in the management of foreign workers, while creating favorable conditions for employers and employees during the procedure.

Support service for preparing work permit applications for foreign workers

Currently, Long Phan provides support services for making work permit applications for foreigners. These services often include:

• Consulting on processes, procedures and conditions for foreign workers working in Vietnam.
• Support in preparing and completing documents according to Vietnamese regulations on working conditions.
• Translation and consular legalization of necessary documents when working.
• Procedures for applying for a work permit.
• Procedures for extending work permits.

Using a support service can help save time and ensure documents are prepared properly. Compliance with the conditions and procedures for granting work permits to foreigners is an important requirement when using foreign workers in Vietnam. For detailed advice and support on work permit procedures for foreigners, please contact the hotline 0906735386 for timely support.