Procedures for issuing work permits for foreign technical workers

Article overview

Work permits for foreign technical workers are an important factor in helping Vietnamese businesses access high-quality human resources. Work permit procedures not only ensure that foreign workers can work legally, but also create a transparent and fair working environment. In the article below, Long Phan will analyze the process and procedures for applying for work permits for foreign technical workers.

Work permit for foreign technical workers
Work permit for foreign technical workers

How is foreign technical labor understood?

Foreign technical workers are workers with professional qualifications trained in the technical field. According to the provisions of Clause 6, Article 3 of Decree 152/2020/ND-CP, foreign technical workers include two groups:

  • Group 1: People with at least 1 year of technical training and at least 3 years of work experience in the training field.
  • Group 2: People who may not have specialized technical training but have at least 5 years of experience in the proposed position.
Regulations on technical workers
Regulations on technical workers

Procedures for issuing work permits for foreign technical workers

Profile components

The dossier to apply for a work permit for foreign technical workers includes:

  • Written request for a work permit: According to Form No. 11/PLI, the full work location must be listed if the foreign worker works for one employer at multiple locations.
  • Health certificate: Must be issued by a competent health agency, valid for 12 months, from the date of signing the health conclusion to the date of application submission.
  • Criminal record card: Must confirm that the employee is not serving a sentence or being prosecuted for criminal liability, issued no more than 6 months before the date of application.
  • Documents proving expertise: Includes diplomas, certificates, or certificates confirming the number of years of experience of the expert or technical workers, along with an issued work permit or confirmation that a license is not required.
  • 02 color photos (size 4 cm x 6 cm, 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 use foreign workers: Required except in cases where it is not necessary to determine the need.
  • Copy of passport: Requires authentication, still valid according to regulations.

In addition, if these documents originate from abroad, they must be consularly legalized, unless there are regulations exempting consular legalization.

Legal basis: Article 9 of Decree 152/2020/ND-CP, amended and supplemented by Decree 70/2023/ND-CP.

Execution order

  • Step 1: Submit application

Submit your application for a work permit at least 15 days in advance from the date the foreign worker is expected to start working in Vietnam.

  • Step 2: Processing documents:

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 issue a work permit Work permits for foreign workers.

In case a work permit is not issued, there will be a written response clearly stating the reason.

Legal basis: Article 11 of Decree 152/2020/ND-CP, amended and supplemented by Decree 70/2023/ND-CP.

The time limit for issuing work permits

Document processing time is specifically specified:

  • Time to apply for position approval: At least 15 days in advance from the date the foreign worker is expected to start working in Vietnam
  • License issuance time: 5 working days,

Legal basis: Article 11 of Decree 152/2020/ND-CP, amended and supplemented by Decree 70/2023/ND-CP.

 Regulations on licensing processing time limit
Regulations on licensing processing time limit

Consulting services and support for work permit applications

At Long Pham, we provide professional consulting and support services that bring effective solutions, ensuring the process is carried out quickly and according to regulations. Below are some of our consulting services:

  • Consulting on regulations on processes, conditions and necessary documents to apply for a work permit.
  • Support in preparing and drafting necessary documents for applying for a license.
  • Guide and carry out procedures to legalize foreign documents according to Vietnamese law.
  • Support translating necessary documents into Vietnamese and perform notarization as required.
  • Monitor the process of processing work permit applications and assist in resolving arising issues.
  • Representatives submit applications for work permits at competent agencies on behalf of customers.
  • Support for work permit extension when necessary.

The process of applying for a work permit for foreigners is a complicated procedure and requires precision in each step. Understanding legal requirements and fully preparing documents will help minimize risks and processing time. Professional consulting and support services not only help overcome procedural difficulties but also ensure that every step complies with legal regulations. Contact Long Phan immediately via the hotline: 0906735386 for detailed advice and best support.