Procedure for granting work permit for foreign workes

Procedures for applying for a work permit for foreigners:

Step 1: You need to prepare the following documents:

- Application form for a work permit

- The health certificate or health certificate issued by an authorized foreign or Vietnamese medical agency or organization is valid within 12 months from the date of signing the health conclusion to the date of submission of the application. (One copy must be brought along with the original for comparison or authentication. In the case of a foreign certificate, it must be consular legalized, except for cases where consular legalization is exempted under international treaties Socialist Republic of Vietnam and related foreign countries are members either on the principle of reciprocity or according to the provisions of law, translated into Vietnamese and authenticated in accordance with Vietnamese law).

- A criminal record card or a document certifying that a foreign worker is not an offender or is subject to criminal prosecution for a foreign country , issued within 06 months from the date of issuance to the date of application submission. (One copy must be brought along with the original for comparison or authentication. In the case of a foreign certificate, it must be consular legalized, except for cases where consular legalization is exempted under international treaties Socialist Republic of Vietnam and related foreign countries are members either on the principle of reciprocity or according to the provisions of law, translated into Vietnamese and authenticated in accordance with Vietnamese law). If the foreign worker already resides in Vietnam, only the criminal record certificate issued by Vietnam is required.

- Documents proving that they are managers, executives, experts or technical workers. Can be one of the following documents:  (One copy must be brought along with the original for comparison or authentication. In the case of a foreign certificate, it must be consular legalized, except for cases where consular legalization is exempted under international treaties Socialist Republic of Vietnam and related foreign countries are members either on the principle of reciprocity or according to the provisions of law, translated into Vietnamese and authenticated in accordance with Vietnamese law).

+ Certificate of recognition of being an artisan for traditional trades issued by a foreign competent authority;

+ Documents proving the experience of foreign football players;

+ Air transport aircraft driver's license issued by a competent Vietnamese authority to foreign pilots;

+ Aircraft maintenance permits are issued by Vietnamese competent authorities to foreign workers doing aircraft maintenance.

- 02 color photos (size 4cm x 6cm, white background, straight face, bare head, no colored glasses), photographs taken within 06 months before the date of submission.

- Copy of passport or valuable papers in lieu of passports or valid international travel documents as prescribed by law.

- Other papers related to foreign workers.( Must be accompanied by 01 copies of the original for comparison or 01 certified copy, if the exemption of foreign consular legalization, but must be translated into Vietnamese and certified under Vietnam law provisions).

+ For the case of intra-enterprise relocation: the document of the foreign enterprise sending to work at the commercial presence of that foreign enterprise in the Vietnamese territory and the document proving that the foreign worker has been approved by the enterprise and recruited by this enterprise before working in Vietnam at least 12 months.

+ For foreign workers performing various types of contracts or agreements on economic, commercial, financial, banking, insurance, scientific and technical, cultural, sports, educational, vocational education and health: Contract or agreement signed between the Vietnamese side and the foreign side, in which, there must be an agreement on foreign workers working in Vietnam.

+ For foreign workers who are service providers under a contract: a service provision contract signed between the Vietnamese side and the foreign side and a document proving that the foreign worker has worked for the enterprise. Foreigners who have not had a commercial presence in Vietnam for at least 2 years.

+ For foreign workers offering services: The document of the service provider sending the foreign worker to Vietnam to negotiate the provision of services.

+ For foreign workers working for foreign non-governmental organizations or international organizations in Vietnam that are permitted to operate in accordance with Vietnamese law: Certificate of foreign NGO, foreign organization International organizations are allowed to operate in accordance with Vietnamese law.

+ For foreign workers who are responsible for establishing commercial presence: Document of service provider sending foreign workers to Vietnam to establish commercial presence of that service provider.

+ For employees who are managers, executives, experts and technical workers involved in activities of foreign enterprises that have established commercial presence in Vietnam: Documents proving the foreign workers outside is allowed to participate in the activities of that foreign enterprise.

Step 2: Submit application to the Department of Labour - Invalids and Social Affairs where the foreign worker is expected to work.

Note that the submission must be made at least 15 days in advance from the date the foreign worker is expected to start working.

Step 3: Receive work permit

Within 07 working days from the date of receipt of a complete dossier, the Department of Labour - Invalids and Social Affairs must issue a work permit according to the form for the foreign worker. If a work permit is not granted, a written reply must be given clearly stating the reason.

Note for foreign workers performing labor contracts, after the foreign worker is granted a Permit, the employer and the foreign worker must sign a written labor contract in before expected working day and within 05 working days from the date of signing the labor contract, the employer must send a copy of the signed labor contract to the Department of Labour - Invalids and Social Affairs that has issued the work permit there.

Legal basis:

• Labor Code 45/2019/QH14
• Decree 152/2020/ND-CP
• Circular 10/2020/TT-BLDTBXH