A work permit is one of the important documents, especially for foreign workers working in Vietnam. To be granted this type of permit, what procedures need to be prepared? What documents are required for the procedures? Detailed information will be answered by Viet My Accounting in the article below.

I. Legal basis

– Labor Code No. 45/2019/QH14 passed by the National Assembly of the Socialist Republic of Vietnam on November 20, 2019

– Decree 152/2020/ND-CP dated December 30, 2020 regulating foreign workers working in Vietnam and recruiting and managing Vietnamese workers working for foreign organizations and individuals in Vietnam

– Decree 70/2023/ND-CP amending Decree 152/2020/ND-CP regulating foreign workers working in Vietnam and recruiting and managing Vietnamese workers working for foreign organizations and individuals in Vietnam

II. Article content

1. Learn a little about work permits

– A worker is a person aged 15 years or older, capable of working, working for an employer under an agreed contract, they are paid and are subject to the management, operation and supervision of the employer.

– An employer is a unit, agency, organization, cooperative, household, or private individual that hires or employs workers to work for them as agreed; in case the employer is an individual, he/she must have full civil act capacity.

– A work permit is a document that allows foreigners to legally work in Vietnam, issued by the Department of Employment under the Ministry of Labor, War Invalids and Social Affairs or the Department of Labor, War Invalids and Social Affairs.

2. What are the current conditions for being granted a work permit?

To be granted a work permit, foreign workers must meet the following conditions:

– Be 18 years of age or older and have full capacity to bear civil liability;

– Have professional qualifications, technical skills, work experience in each field; be healthy enough to participate in labor according to the regulations of the Minister of Health;

– Not be a person who is in the process of serving a sentence or has not had his/her criminal record cleared or is being prosecuted for criminal liability according to the provisions of foreign law or Vietnamese law;

– Have a work permit issued by a competent state agency of Vietnam, except in cases where foreign workers working in Vietnam are not subject to work permits under Article 154 of the 2019 Labor Code.

3. Who is eligible for a work permit in Vietnam?

* Foreigners granted work permits in Vietnam

The granting of foreign work permits is applied to foreigners working in Vietnam, specifically including the following subjects:

– Implementing signed labor contracts;

– Moving within enterprises and companies;

– Implementing contracts or agreements on economics, trade, investment capital, banking, insurance, science and technology, culture, sports, education, vocational education and health;

– Service providers under contracts;

– Offering services;

– Working for foreign non-governmental organizations and international enterprises in Vietnam that are permitted to operate under the provisions of Vietnamese law;

– Volunteers;

– Persons responsible for establishing trade;

– Managers, executives, experts, technical workers;

– Participating in the implementation of 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.

* Who are foreign employers?

Most foreign employers are organizations, agencies, enterprises, representative offices, branches, cooperatives, business households, and individuals that are permitted to conduct business activities in accordance with the provisions of law and are allowed to employ foreign workers.

• Companies operating under the Enterprise Law, the Investment Law, or international treaties to which the Socialist Republic of Vietnam is a member;
• Contractors participating in bidding and implementing signed contracts;
• Representative offices and branches of companies, agencies, and organizations licensed by competent authorities;
• State agencies, political organizations, socio-political organizations, socio-political-professional organizations, social organizations, and socio-professional organizations;
• Foreign non-governmental organizations granted registration certificates by competent authorities of Vietnam in accordance with the provisions of Vietnamese law;
• Career organizations and educational institutions that are branded in accordance with the provisions of law;
• International organizations, offices of foreign projects in Vietnam; agencies and organizations permitted by the Government, the Prime Minister, ministries and sectors to build brands and operate in accordance with the provisions of law;
• Management offices of foreign investors in business cooperation contracts or of foreign contractors registered to operate in accordance with the provisions of law;
• Law practice organizations in Vietnam in accordance with the provisions of law;
• Cooperatives and cooperative unions present in the market and operating under the Law on Cooperatives;
• Business households and individuals permitted to conduct business in accordance with the provisions of law.

4. Documents and procedures for applying for a work permit in 2024

a. Request for approval of employment

* The application for approval of employment includes the following documents:

– Copy of business registration

– Official letter of registration of employment needs

– Authorization letter for another person to perform on behalf

* Procedure for approving employment needs

Step 1: The employer announces the recruitment of Vietnamese workers for positions expected to recruit foreign workers on the Electronic Information Portal of the Ministry of Labor – Invalids and Social Affairs (Department of Employment) or the Electronic Information Portal of the employment service center by the Chairman of the People’s Committee of the province or centrally-run city. It only takes about at least 15 days from the intended date of the Explanation Report to the Department of Labor – Invalids and Social Affairs where the foreign worker intends to work. The recruitment information includes: position and job title, job description, quantity, requirements for qualifications, experience, salary, working time and location. After failing to recruit Vietnamese workers for positions recruiting foreign workers, the employer is responsible for determining the need to use foreign workers.

Step 2: At least 15 days before the intended date of using foreign workers, the employer (except contractors) is responsible for determining the need to use foreign workers for each job position that Vietnamese workers do not meet and reporting to the Department of Labor – Invalids and Social Affairs where the foreign worker is expected to work according to Form No. 01/PLI Appendix I issued with Decree No. 70/2023/ND-CP.

During the implementation process, if there is any 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 Department of Labor, War Invalids and Social Affairs where the foreign worker intends to work according to Form No. 02/PLI Appendix I issued with Decree No. 70/2023/ND-CP at least 15 days before the expected date of employment of foreign workers.

Step 3: Within 10 working days from the date of receipt of the Explanation Report or Explanation Report on Changes in the Need to Use Foreign Workers, the Department of Labor, War Invalids and Social Affairs shall issue a written approval or disapproval of the employment of foreign workers for each job position according to Form No. 03/PLI Appendix I issued with Decree No. 152/2020/ND-CP.

b. Applying for a Work Permit

* The application for a Work Permit includes:

– A written request for a work permit according to the form

– The employee’s health certificate

– The employee’s criminal record

– A copy of the business registration of the employing company

– Documents proving that the employee is an executive manager, general director, expert, technical worker, teacher (University degree, certificate of at least 03 years of foreign work experience, etc.). These documents must be consularized and translated into Vietnamese.

– 02 color photos, size 4×6, white background, no glasses.

– Document approving the need to use labor

* The procedure for granting a work permit includes 2 steps:

Step 1: At least 15 days before the date the foreign worker is expected to start working in Vietnam, the person submitting the application for a work permit shall send it to the Department of Labor – Invalids and Social Affairs where the foreign worker is expected to work.

Step 2: Within 05 working days, starting from the date of receipt of all required documents for granting a work permit, the Department of Labor – Invalids and Social Affairs where the foreign worker is expected to work shall issue a work permit to the foreign worker according to Form No. 12/PLI Appendix I issued with Decree No. 152/2020/ND-CP. In case the work permit is not granted, there shall be a written consultation stating the reasons.

In case the work permit is an electronic copy, it must comply with the provisions of relevant laws and meet the content according to form No. 12/PLI Appendix I issued with Decree No. 152/2020/ND-CP.

Above is the content about “Work Permit” that we have provided to our readers. Hopefully this article will be useful to all readers. With many years of experience in the industry and a team of experienced legal experts, we will support our customers to resolve problems without any obstacles. Please contact Viet My Law and Accounting for detailed discussion, to promote work quickly, confidentially and reliably.