PROCEDURES GUIDELINES FOR FOREIGNERS WORKING IN VIETNAM

Instructions on procedures for foreigners working in Vietnam, Foreigners working in Vietnam are citizens of foreign nationality, they are living and working, registering for temporary and permanent residence in the territory of Vietnam. When participating in the domestic labor market, foreigners must fully meet the conditions and comply with the order and procedures prescribed by Vietnamese law. Through the article below, we will clarify this issue more clearly.

1. What conditions must a foreigner working in Vietnam meet?

• They must have full civil act capacity, which means the ability to establish and perform civil rights and obligations by themselves.
• Meet the qualifications, skills and health appropriate to the work in which they are engaged.
• Not being a criminal or being prosecuted for penal liability in accordance with the laws of the host country and foreign country.
• Have been granted a work permit issued by the Vietnamese labor management agency. However, except for some cases such as the owner of a limited company, a member of the Board of Directors of a JSC, the head of a representative office or a project of an international organization as prescribed in Article 172, it is not necessary to meet the following conditions: about work permits.

When applying for a job in Vietnam, “foreign workers” must comply with Vietnamese law, or an international treaty to which Vietnam is a signatory has different provisions and is protected by Vietnam. Moreover, foreign workers who are granted work permits by competent agencies in Vietnam must pay social insurance premiums.

2. Dossier of application for a work permit

According to the provisions of the Labor Code 2019 and documents guiding the implementation of Decree 152/2020/ND-CP, Decree 145/2020/ND-CP Before applying for a work permit, enterprises hire employees Required documents to prepare include:

• A written request for a work permit, made according to form No. 7 of Circular 40/2016/TT-BLDTBXH.
• A health certificate issued by a foreign or Vietnamese competent medical organization is valid for a period of 12 months from the date of signing the health conclusion to the date of application submission.
• Judicial record card or document certifying that the foreign worker is not a criminal or is being examined for penal liability by a foreign country. In case the foreign worker has already resided in Vietnam, only the criminal record certificate issued by Vietnam is required. However, these documents are granted within 06 months from the date of issuance to the date of application submission.
• Proof of being a manager, executive director, specialist or technical worker.
• 02 color photos, size 4cm x 6cm, white background, straight face, bare head, no colored glasses, photos taken within 06 months from the date of application.
• Copy of passport or valid document in lieu of passport or valid international travel document as prescribed by law.

3. Process and procedures for applying for a work permit

The issuance of a work permit is done through 4 specific steps as follows:

• Step 1. Approve the need to use foreign workers

At least 30 days before the expected date of employment of foreign workers, the employer (except for contractors) shall send a report explaining the need to employ foreign workers to the Ministry of Labor and War Invalids. and Social Affairs or the Chairman of the Provincial People’s Committee.

Within 10 days from the date of receipt of the valid declaration and report explaining the need to employ foreign workers, the approval agency will send the results via email of the employer. If the submitted application is not valid, the approval agency will issue a notice of correction.

The dossier includes: Form of report explaining demand for foreign workers (under form No. 01, Appendix 01 of Decree No. 152/2020/ND-CP) together with a copy of enterprise registration.

• Step 2: Submit application for work permit