What is a work permit? What are the procedures for issuance of work permit in Vietnam in 2024?

Regarding this matter, LawNet would like to answer as follows:

1. What is a work permit?

A work permit is a type of legal document that allows workers of foreign nationality to work in Vietnam legally.

A valid work permit must be issued by the State Labor Management Agency in Vietnam including:

(1) Department of Employment under the Ministry of Labor, War Invalids and Social Affairs

(2) Department of Labor, War Invalids and Social Affairs where the foreign worker is expected to work

The work permit clearly states the foreign worker's information including: full name, passport number, date of birth, nationality, name of employer, address of place where the foreign worker is expected to work, starting date and completion date

2. Procedures for issuance of work permit in Vietnam in 2024

The application for issuance of work permit in Vietnam includes:

(1) An application form for issuance of work permit No. 11/PLI Appendix I appended to Decree 152/2020/ND-CP, filed by the employer. In case a foreign worker works for one employer at more than one location, the application for work permit must fully list their working locations.

Form No. 11/PLI: Download

(2) 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.

(3) 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.

(4) 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 of Decree 152/2020/ND-CP including 3 documents as follows:

+ The company's charter or operation regulations of agency, organization, or enterprise;

+ Certificate of enterprise registration or certificate of establishment or establishment decision or other document of equivalent legal validity;

+ Resolution or appointment decision of the agency, organization, or enterprise.

- Proof as an expert, technical worker as prescribed in clauses 3, 6 Article 3 of Decree 152/2020/ND-CP, including 2 documents as follows: Diploma or certificate; Certification of foreign agency, organization, or enterprise in respect of number of years’ experience of the expert or technical worker, a work permit, or a certification of exemption from work permit; 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;

- 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; an agreement or arrangement concluded between Vietnamese and foreign partners is required, which specifies the arrangement about sending foreign workers to Vietnam;

- 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 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;

- 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 document issued by the service provider to send him/her to Vietnam to negotiate the service provision;

- A certificate of competency or validation of certificate of competence issued by a Vietnamese competent authority to a foreign seafarer; 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 Decree 152/2020/ND-CP, and the operation license of that foreign non-governmental organization or international organization in Vietnam as per the law;

- 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 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, or proof as a manager as prescribed in clause 4 Article 3 of Decree 152/2020/ND-CP.

h) 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;

(5) 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.

(6) An acceptance of demand for foreign workers, unless it is not required.

(7) A valid certified true copy of passport as per the law.

Note:

- 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 Article 11 of Decree 152/2020/ND-CP 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 Article 11 of Decree 152/2020/ND-CP and the current work permit or a certified true copy of the current work permit.

+ Foreign experts or technical workers who have been granted a work permit and have been extended once may apply for a new work permit with the same job position and job title by submitting the following documents: documents specified in clauses 1, 2, 5, 6, 7, and 8 of Article 11 of Decree 152/2020/ND-CP and a copy of the issued work permit.

- Consular legalization and certification of documents:

+ Any document mentioned in clauses 2, 3, 4, 6 and 8 Article 11 of Decree 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.

The procedures for issuance of a work permit are as follows:

- 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:

+ 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 of Decree 152/2020/ND-CP;

+ 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 of Decree 152/2020/ND-CP; or

+ 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 of Decree 152/2020/ND-CP.

- 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 appended toDecree 152/2020/ND-CP. If the application is rejected, a written explanation is required.

Form No. 12/PLI: Download

- For a foreign worker specified in point a clause 1 Article 2 of Decree 152/2020/ND-CP, 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.

In particular, the work permit is A4 size (21 cm x 29.7 cm) and consists of 2 pages: page 1 is blue; page 2 has a white background, blue pattern, and a star in the middle. The work permit is coded as follows: the code of the province, and the code of the Ministry of Labor, War Invalids and Social Affairs according to Form No. 16/PLI Appendix I promulgated together with Decree 70/2023/ND-CP; last 2 digits of the year of issuance of the work permit; type of work permit (new issuance: 1; renewal: 2; re-issuance: 3); number order(from 000.001).

Form No. 16/PLI: Download

If the work permit is made in electronic form, it must comply with relevant laws and has information as specified in Form No. 12/PLI Appendix I promulgated together with Decree 152/2020/ND-CP.

Best regards!

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