Issuing work permits for foreign experts

Work permits for foreign experts not only help enhance the quality of human resources but also create many opportunities for international cooperation. Attracting foreign experts will improve technical skills, promote innovation and improve competitiveness for domestic businesses. The following article will provide detailed information about the cases where a license is needed, the licensing authority, the application procedure, and the reason for the need for this license.

Cases requiring work permits for foreign experts

Work permits for foreign experts are mandatory in many cases. According to Vietnamese law, foreign experts need to apply for a work permit when working at businesses, organizations and individuals in Vietnam.

Except for cases where work permits are exempted, the remaining cases where foreigners working in Vietnam must have a work permit. Specifically, exempted cases include:

• 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, healthcare, 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.
• Be sent to Vietnam by a competent foreign agency or organization to teach or work as a manager or executive director at an educational institution requested by a foreign diplomatic representative agency or intergovernmental organization established in Vietnam; establishments and organizations established under international treaties that Vietnam has signed and participated in as volunteers.
• 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 is responsible for establishing a commercial presence.
• Certified by the Ministry of Education and Training for foreign workers entering Vietnam to teach and research.

The competent authority handles licensing

The Department of Employment under the Ministry of Labor, War Invalids and Social Affairs is the main agency with the authority to issue work permits to foreign experts.

Procedures for applying for work permits for foreign experts

Profile components

The dossier to apply for work permits for foreign experts includes the following documents:

• Written request for a work permit from the employer.
• Health certificate or health examination certificate issued by a competent foreign or Vietnamese medical agency or organization is valid for 12 months.
• Judicial record card or document certifying that the foreign worker is not serving a sentence or has not had a criminal record erased or is being prosecuted for criminal liability by a foreign country or Vietnam.
• Documented proof of being an expert.
• Certified copy of passport or copy of passport certified by the employer that is still valid according to the provisions of law.
• 2 color photos (size 4cm x 6cm, white background, straight face, bare head, no colored glasses), taken no more than 6 months before the date of application.
• Document approving the need to employ foreign workers.

Note: The above documents must be 01 original or certified copy. If from a foreign country, they must be consular legalized, except in cases where consular legalization is exempted according to international treaties to which the Republic of Vietnamese socialists and relevant foreign countries are all members either according to the principle of reciprocity or according to the provisions of law; Translated into Vietnamese and notarized or authenticated according to Vietnamese law.

Execution order

The process of applying for a work permit for foreign experts includes the following steps:

Step 1: At least 15 days in advance from the date the foreign worker is expected to start working in Vietnam, the person submits an application for a work permit to the Ministry of Labor, War Invalids and Social Affairs (Department of Labor, War Invalids and Social Affairs). employment) through one of the following methods:

• Direct
• Online
• Through postal service

Step 2: Within 05 working days from the date of receiving complete application dossiers for a work permit, the Ministry of Labor, War Invalids and Social Affairs shall issue work permits to foreign workers. In case a work permit is not issued, there will be a written response clearly stating the reason.

Why is it necessary to apply for a work permit for foreign experts?

Applying for work permits for foreign experts is a mandatory requirement, prescribed in the 2019 Labor Code and Decree 152/2020/ND-CP. This process brings many practical benefits to workers, businesses and the government.

• Compliance with the law: Work permit is a legal document proving the legality of foreign workers in Vietnam. Owning this license helps businesses and workers avoid administrative sanctions.
• Human resource management: Work permits help state management agencies accurately grasp the quantity, quality and structure of foreign workers working in Vietnam. This information supports labor policy planning and training of domestic human resources.
• Protecting rights: Work permits are the basis to protect the rights of foreign workers, ensuring they enjoy insurance, bonuses and other benefits according to Vietnamese law.
• Economic development: The work permit process helps screen and attract highly qualified foreign experts, meeting the needs of the Vietnamese labor market. This contributes to promoting technology transfer, improving labor productivity and enhancing the competitiveness of the economy.
• Security control: Work permits are a tool to support authorities in managing residence and activities of foreigners in Vietnam, ensuring national security and social order.

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

Work permits for foreign experts are not only an important step in improving the quality of human resources but also create a solid foundation for economic development. With a team of experienced experts, Long Phan is committed to providing professional and effective services, helping businesses and foreign experts save time and resources during the process of applying for a work permit.

Services we provide include:

• Legal advice: Advise on cases requiring a work permit and Provide detailed information on legal regulations related to work permits.
• Support for document preparation: Guide and support customers to fully prepare documents according to requirements and order and procedures.
• Representative to carry out procedures: Submit documents on behalf of customers and monitor the processing progress at the competent authority.
• Resolve problems: Support to resolve problems that arise during the license application process.
• Post-licensing services: Consulting on related issues after being granted a work permit.

Work permits for foreign experts are an important procedure, requiring strict compliance with the provisions of Vietnamese law. To ensure the license application process goes smoothly and effectively, customers can contact Long Phan via Hotline: 0906735386 for detailed advice and comprehensive support. We are committed to providing optimal solutions, helping customers save time and resources during the process of applying for a work permit.