What is the application for issuance of a work permit in Vietnam? What are the cases in which a work permit is invalid?
What documents are required to apply for a work permit in Vietnam?
According to the provisions of Article 9 of Decree No. 152/2020/ND-CP, an application for issuance of work permit in Vietnam includes:
- An application form for issuance of a work permit No. 11/PLI Appendix I hereto appended.
- A fitness to work certificate issued by a foreign or Vietnamese competent health facility issued within 12 months before the submission date of the application or the certificate as specified in regulations of the Minister of Health.
- A police (clearance) certificate or a document certifying that the foreign worker is not serving a sentence, has a criminal record expunged or is not facing a criminal prosecution which is issued by a foreign or Vietnamese authority.
The foregoing police (clearance) certificate or document certifying that the foreign worker is not serving a sentence, has a criminal record expunged or is not facing a criminal prosecution must be issued within 6 months before the submission date of the application.
- Proofs as a manager, executive, expert, technical and certain jobs, works as follows:
+ Proof as a manager, executive as prescribed in clauses 4, 5 Article 3 hereof;
+ Proof as an expert, technical worker as prescribed in clauses 3, 6 Article 3 hereof, including: diplomas, certificates, certification of foreign agency, organization, enterprise in respect of number of years' experience of the expert or technical worker;
+ Proof of experience of foreign football player or an international transfer certificate (ITC) issued to the foreign football player or a document of the Vietnam Football Federation which certifies temporary or official registration of a player of club affiliated to Vietnam Football Federation.
+ A pilot license issued by a Vietnamese competent authority, or issued by a foreign competent authority and validated by the Vietnamese competent authority, in case of a foreign pilot; or a certificate of eligibility for working on aircraft issued by the Ministry of Transport, in case of a flight attendant;
+ A certificate of competency in aviation maintenance issued by a Vietnamese competent authority, or issued by a foreign competent authority and validated by the Vietnamese competent authority, in case of a foreign worker who performs maintenance on aircraft;
+ A certificate of competency or validation of certificate of competence issued by a Vietnamese competent authority to a foreign seafarer;
+ A certificate of high achievement in sports which is certified by the Ministry of Culture, Sports and Tourism, in case of a sports coach or at least one of the following certificates: AFC (Asian Football Federation) football coaching level B certificate or AFC goalkeeping coaching level 1 certificate or AFC fitness coaching level 1 certificate or AFC futsal coaching level 1 certificate or any equivalent foreign certificate accredited by AFC;
+ A diploma issued by the competent authority in accordance with qualifications or standard qualifications in the Law on Education, the Law on Higher Education, the Law on Vocational Education and Regulation on organization and operation of foreign language and computer training centers issued by the Minister of Education and Training.
- 02 color photos (4cm x 6cm size, white background, front view, bare head, no color glasses), taken within 6 months before the submission date of application.
- An acceptance of demand for foreign workers, unless it is not required.
- A valid certified true copy of passport as per the law.
- Documents relevant to the foreign worker:
+ For a foreign worker specified in point b clause 1 Article 2 hereof, he/she must obtain a document issued by the foreign company to send him/her to work at a commercial presence of that company in Vietnam’s territory and a document justifying that he/she has been recruited by the foreign company at least 12 consecutive months prior to the transfer date;
+ For a foreign worker specified in point c clause 1 Article 2 hereof, an agreement or arrangement concluded between Vietnamese and foreign partners is required, which specifies the arrangement about sending foreign workers to Vietnam;
+ For a foreign worker specified in point d clause 1 Article 2 hereof, a service contract concluded between Vietnamese and foreign partner is required and a document justifying that he/she has worked for the foreign company that has no commercial presence in Vietnam at least 2 years;
+ For a foreign worker specified in point dd clause 1 Article 2 hereof, he/she must obtain a document issued by the service provider to send him/her to Vietnam to negotiate the service provision;
+ For a foreign worker specified in point e clause 1 Article 2 hereof, he/she must obtain both a document which sends him/her to work for a foreign non-governmental organization or international organization in Vietnam, except for point a clause 1 Article 2 of this Decree, and the operation license of that foreign non-governmental organization or international organization in Vietnam as per the law;
+ For a foreign worker specified in point i clause 1 Article 2 hereof, he/she must obtain a document issued by the foreign enterprise, agency or organization to send him/her to work in Vietnam that is conformable with the expected job position.
- Application for issuance of work permit in special cases:
+ If a foreign worker who has been issued with a work permit which remains valid wishes to work for another employer at the same job position and job title in the work permit, an application for a new work permit shall include: a document issued by the former employer certifying that he/she has been working there, documents mentioned in clauses 1, 5, 6, 7 and 8 of this Article and a certified true copy of the current work permit;
+ If a foreign worker who has been issued with a work permit which remains valid wishes to work for the same employer but at another job position or job title or working form in the work permit, an application for a new work permit shall include the documents mentioned in clauses 1, 4, 5, 6, 7 and 8 hereof and the current work permit or a certified true copy of the current work permit.
- Consular legalization and certification of documents:
Any document mentioned in clauses 2, 3, 4, 6 and 8 of Decree No. 152/2020/ND-CP is 1 original or certified true copy; for documents of foreign countries, unless they are exempt from consular legalization under an international treaty to which the Socialist Republic of Vietnam and the concerned foreign country are signatories or under the principle of reciprocity or as per the law, they must be consularly legalized, translated into Vietnamese and certified.
What is the application for issuance of work permit in Vietnam? What are the cases in which a work permit is invalid?
What is the validity period of work permit in Vietnam?
According to the provisions of Article 10 of Decree No. 152/2020/ND-CP on the validity period of work permit 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 worker’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 worker 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 worker to Vietnam to establish a commercial presence.
8. Duration stated in a document proving the foreign worker’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 worker unless a report on demand for foreign workers as specified in point b clause 1 Article 4 hereof is not required.
Thus, the validity period of a work permit is mainly based on the agreement of the employer and the foreign worker working in Vietnam, however, it must not exceed 02 years.
What are the cases in which a work permit is invalid?
According to the provisions of Article 156 of the 2019 Labor Code of Vietnam, a work permit is invalid in the following cases:
- The work permit expires.
- The employment contract is terminated.
- The contents of the employment contract are inconsistent with the contents of the work permit granted.
- The work performed is not conformable with the contents of the work permit granted.
- The contract that is the basis for issuance of the work permit expires or is terminated.
- The foreign party issues a written notice which terminates the dispatch of the foreign employee to Vietnam.
- The Vietnamese party or foreign organization that hires the foreign employee ceases its operation.
- The work permit is revoked.
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