How long is the validity period of a work permit of a foreign employee working in Vietnam?
How long is the validity period of a work permit of a foreign employee working in Vietnam?
Pursuant to Article 10 of Decree No. 152/2020/ND-CP stipulating as follows:
Validity period of a work permit
The validity period of a work permit shall coincide with any of the period/duration below but not exceeding 2 years:
1. Validity period of the employment contract to be signed.
2. Duration of the foreign employee’s assignment in Vietnam.
3. Duration of the contract or agreement concluded between Vietnamese and foreign partners.
4. Duration of the service contract or agreement concluded between Vietnamese and foreign partners.
5. Duration determined in the document issued by the service provider to send the foreign employee to Vietnam to negotiate the service provision.
6. Validity period in the operation license of the agency, organization or enterprise.
7. Duration determined in the document issued by the service provider to send the foreign employee to Vietnam to establish a commercial presence.
8. Duration stated in a document proving the foreign employee’s eligibility to participate in the operation of a foreign company that has established its commercial presence in Vietnam.
9. Duration stated in the acceptance of employment of foreign employee unless a report on demand for foreign employees as specified in point b clause 1 Article 4 hereof is not required.
Thus, the validity period of a work permit for foreign employees is determined according to the above provisions. Note, the work permit for foreign employees working in Vietnam is valid for a maximum of 2 years.
How long is the validity period of a work permit of a foreign employee working in Vietnam?
What are the procedures for issuance of a work permit to foreigners working in Vietnam?
Pursuant to Article 11 of Decree No. 152/2020/ND-CP stipulating as follows:
Procedures for issuance of a work permit
1. At least 15 working days before the day on which a foreign worker starts to work, the applicant shall submit an application for work permit to the Ministry of Labor, War Invalids and Social Affairs or the Department of Labor, War Invalids and Social Affairs of the province where he/she is expected to work. The applicant is:
a) the employer, if the foreign worker moves to Vietnam for employment for the purposes specified in points a, b, e, g, I and k clause 1 Article 2 hereof;
b) the Vietnamese agency, organization or enterprise, or foreign organization or enterprise operating in Vietnam for which the foreign worker is expected to work, if the foreign worker moves to Vietnam for employment for the purposes specified in points c and d clause 1 Article 2 hereof; or
c) the foreign service offeror in Vietnam, or the person in charge of establishing a commercial presence as prescribed in points dd and h clause 1 Article 2 hereof.
2. Within 5 working days after receiving a duly completed application, the Ministry of Labor, War Invalids and Social Affairs or Department of Labor, War Invalids and Social Affairs of province where the foreign worker is expected to work shall issue a work permit to the foreign worker, using Form No. 12/PLI Appendix I hereto appended. The form of work permit shall be solely printed and issued by the Ministry of Labor, War Invalids and Social Affairs. If the application is rejected, a written explanation is required.
3. For a foreign worker specified in point a clause 1 Article 2 hereof, after the foreign worker is issued with a work permit, the employer and the foreign worker must sign a written employment contract as per Vietnam’s labor law before the date on which the foreign worker is expected to work.
The employer shall send that employment contract to the competent authority that issued that work permit. The employment contract is the original or a certified true copy.
According to the above regulations, at least 15 days before the foreign employee is expected to start working in Vietnam, he must submit an application for a work permit at the Department of Labor, War Invalids and Social Affairs where the foreign employee is expected to work.
Within 5 working days after receiving a complete application for a work permit for a foreign employee, the Department must issue a work permit to the foreign employee. In case of refusal to grant a permit, the reason must be clearly stated and a written reply must be provided.
What are the responsibilities of foreign employees working in Vietnam?
Pursuant to Article 153 of the 2019 Labor Code in Vietnam stipulating as follows:
Responsibilities of employers and foreign employees
1. Foreign employees shall present their work permits whenever requested by competent authorities.
2. Any foreign employee working in Vietnam without a work permit shall be deported or forced to leave Vietnam in accordance with immigration laws.
3. An employer who hires a foreign employee without a work permit shall be liable to penalties as regulated by the law.
Thus, foreign employees working in Vietnam must be responsible for presenting their work permits whenever requested by competent authorities.
In addition, any foreign employee working in Vietnam without a work permit shall be deported or forced to leave Vietnam in accordance with immigration laws.
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