Online issuance of work permit to foreign workers in Vietnam from October

Circular No. 23/2017/TT-BLĐTBXH of the Ministry of Labour, War Invalids and Social Affairs of Vietnam provides guidance on the receipt of applications for approval for demand for employment of foreign workers; issuance and re-issuance of work permit; certification of foreign workers eligible for work permit exemption via electronic networks according to 3 levels of online public services.

Regulated entities are employees that are foreign citizens working in Vietnam, employers that recruit and use foreign workers as regulated in Clause 2 Article 2 of the Decree No. 11/2016/ND-CP of Vietnam’s Government.

The approving authority for demand for employment of foreign workers that is the Department of Employment (affiliated to the Ministry of Labour, War Invalids and Social Affairs); Chairpersons of People’s Committees of provinces or central-affiliated cities, Provincial Departments of Labour, War Invalids and Social Affairs or the Management Authorities of industrial parks, export processing zones, economic zones or high-tech parks as authorized in accordance with the law regulations.

Electronic transactions in issuance of work permits to foreign workers in Vietnam (hereinafter referred to as work permit for foreign worker) consist of: approval for demand for employment of foreign workers, issuance/re-issuance of work permit and certification of foreign workers eligible for work permit exemption that are conducted by electronic means.

Website refers to the web address: http://dvc.vieclamvietnam.gov.vn.

The application for issuance of work permit for foreign worker includes the application form and attached documents which must be conformable with regulations of the law on electronic transactions and management of foreign workers in Vietnam.

Regarding approval for demand for employment of foreign workers, at least 20 days before the planned date of employing foreign workers, the employer (excluding contractors) must submit the declaration and explanation about his/her demand for employment of foreign workers as regulated in Article 4 of Decree No. 11/2016/ND-CP of Vietnam’s Government to the approving authority through the website, excluding the cases prescribed in Clauses 4, 5 and 8 Article 172 of the Labour Code and Points e, h Clause 2 Article 7 of Decree No. 11/2016/ND-CP.

At least 10 days before the planned date of employing foreign workers, the employer must send a report on any changes in his/her demand for employment of foreign workers through the website.

Regarding issuance of work permit, at least 7 working days before the planned date on which foreign workers start working for the employer, the employer must electronically submit the declaration and application for work permits for foreign workers in accordance with regulations in Article 10 of Decree No. 11/2016/ND-CP of Vietnam’s Government to the work permit issuing authority through the website.

Regarding certification of foreign workers eligible for exemption from work permit, at least 05 working days before the planned date on which foreign workers start working for the employer, the employer must submit the declaration and application for certification of foreign workers eligible for work permit exemption in accordance with regulations in Clause 3 Article 8 of Decree No. 11/2016/ND-CP of Vietnam’s Government online to the work permit licensing authority through the website, excluding the cases prescribed in Clauses 4, 5 Article 172 of the Labour Code and Point e Clause 2 Article 7 of Decree No. 11/2016/ND-CP.

The Department of Employment shall manage, instruct and inspect the issuance of work permits for foreign workers through the website.

People’s Committees of provinces or central-affiliated cities shall instruct local agencies to propagate and disseminate regulations on issuance of work permits for foreign workers through the website, inspect and handle violations in accordance with the law.

Provincial Departments of Labour, War Invalids and Social Affairs shall issue work permits to eligible foreign workers through the website to work in local area.

Circular No. 23/2017/TT-BLĐTBXH of the Ministry of Labour, War Invalids and Social Affairs of Vietnam, effective from October 02, 2017.

Source: Online People's Newspaper

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