New: Guidelines for application for issuance of a work permit in Vietnam from February 15, 2021

According to Article 9 of the Decree No. 152/2020/NĐ-CP of the Vietnam’s Government, application for issuance of a work permit for foreign workers working in Vietnam includes:

1. An application form for issuance of a work permit No. 11/PLI Appendix I hereto appended.

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. 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.

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.

8. Documents relevant to the foreign worker:

- For a foreign worker performing intra-company transfer program, 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 performing contracts or agreements on business, trade, finance, banking, insurance, science and technology, culture, sports, education, vocational training and health, 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 providing services under contracts, 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 offering services, 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 working for foreign non-governmental organizations or international organizations in Vietnam, he/she must obtain both a document which sends him/her to work for a foreign non-governmental organization or international organization in Vietnam;

- For a foreign worker working as managers, executives, experts, technical workers, 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.

More details at the Decree No. 152/2020/NĐ-CP of the Vietnam’s Government, effective from February 15, 2021.

Ty Na

>> CLICK HERE TO READ THIS ARTICLE IN VIETNAMESE