Procedures for granting work permits to foreign workers working in Vietnam

Procedures for granting work permits to foreign workers working in Vietnam (Internet image) 

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

On October 17, 2023, the Ministry of Labor, War Invalids, and Social Affairs issued Decision 1560/QD-LDTBXH announcing administrative procedures amended and supplemented in Decree 70/2023/ND-CP, amending and supplementing a number of articles of Decree 152/2020/ND-CP on foreign workers working in Vietnam and recruitment and management of Vietnamese workers working for foreign organizations and individuals in Vietnam.

Procedures for granting work permits to foreign workers working in Vietnam

Specifically, details of procedures for granting work permits to foreign workers working in Vietnam in Decision 1560/QD-LDTBXH are as follows:

* Document include:

(1) Written request for a work permit according to Form No. 11/PLI, Appendix I issued with Decree 152/2020/ND-CP.

(2) Health certificate or health examination certificate issued by a competent foreign or Vietnamese medical agency or organization is valid for 12 months, from the date of signing the health conclusion to the date of submitting the application or certificate of good health according to the regulations of the Minister of Health.

(3) Criminal record card or document certifying that the foreign worker is not serving a sentence, has not had his or her criminal record erased, or is being prosecuted for criminal liability by foreign countries or Vietnam.

Criminal record card or document certifying that the foreign worker is not serving a sentence, has not had his or her criminal record erased, or is currently being prosecuted for criminal liability is issued no more than 06 months from the date of issuance to the date of application submission.

(4) Documents proving that you are a manager, executive director, expert, or technical worker, and a number of occupations and jobs are specified as follows:

- Documents proving that you are a manager or executive director include the following 3 types of documents:

+ Company charter or operating regulations of agencies, organizations, or enterprises;

+ Business registration certificate, establishment certificate, establishment decision or other documents of equivalent legal value;

+ Resolution or Appointment decisions of agencies, organizations, and enterprises.

- Documents proving that you are an expert or technical worker include the following two types of documents:

+ Diploma or certificate or certificate;

+ Written confirmation from an agency, organization, or enterprise abroad regarding the number of years of experience of the expert, technical worker, or work permit issued, or confirmation that you are not subject to a work permit that has been issued.

- Document proving the experience of a foreign football player or an international transfer certificate (ITC) issued to a foreign football player or a document from the Vietnam Football Federation confirming temporary or official registration for players of clubs under the Vietnam Football Federation;

- Aircraft pilot license issued by a competent Vietnamese agency or by a foreign competent agency and recognized by a competent Vietnamese agency for foreign pilots or professional certificates allowed to work on aircraft issued by the Ministry of Transport to flight attendants;

- Certificate of professional qualifications in the field of aircraft maintenance issued by a competent Vietnamese agency or by a foreign competent agency and recognized by a competent Vietnamese agency for foreign workers doing aircraft maintenance work.

- Certificate of professional competency or certificate of professional competency recognition issued by a competent Vietnamese agency to foreign seafarers;

- Certificate of high achievement in the field of sports and certified by the Ministry of Culture, Sports, and Tourism for sports coaches, or at least one of the following qualifications: Asian Football Confederation (AFC) B football coach license or AFC level 1 goalkeeper coach license or AFC level 1 fitness coach license or AFC level 1 futsal coaching qualification or any equivalent foreign coaching qualification recognized by AFC;

- Diploma issued by a competent authority that meets the regulations on qualifications and standard qualifications according to the Law on Education, Law on Higher Education, Law on Vocational Education, and Regulations on organization and operation of foreign language and information technology centers issued by the Minister of Education and Training.

(5) 02 color photos (size 4cm x 6cm, white background, straight face, bare head, no colored glasses), taken no more than 06 months before the date of application.

(6) Document approving the need to employ foreign workers, except in cases where the need to employ foreign workers is not required.

(7) Certified copy of a passport or a copy of a passport certified by the employer that is still valid according to the provisions of the law.

(8) Documents related to foreign workers, except for foreign workers working under labor contracts:

- For foreign workers moving within an enterprise, there must be a document from the foreign enterprise sending them to work at that foreign enterprise's commercial presence in Vietnamese territory and documents proving that the foreign worker was recruited by that foreign enterprise before working in Vietnam for at least 12 consecutive months;

- For foreign workers entering Vietnam to carry out all kinds of contracts or agreements on economics, trade, finance, banking, insurance, science and technology, culture, sports, education, vocational education, and health, there must be a contract or agreement signed between the Vietnamese and foreign partners, including an agreement on foreign workers working in Vietnam;

- For foreign workers who are contractual service providers, there must be a service provision contract signed between the Vietnamese and foreign partners.
and documents proving that the foreign worker has worked for a foreign enterprise that has no commercial presence in Vietnam for at least 02 years;

- For foreign workers entering Vietnam to offer services, there must be a document from the service provider sending the foreign worker to Vietnam to negotiate service provision;

- For foreign workers working for foreign non-governmental organizations, international organizations in Vietnam that are allowed to operate under the provisions of Vietnamese law must have a written document of agencies and organizations sending foreign workers to work for foreign non-governmental organizations or international organizations in Vietnam, except in cases where foreign workers work in the form of labor contracts and operating licenses of foreign non-governmental organizations and international organizations in Vietnam according to the provisions of law;

- For foreign workers who are managers, executives, experts, or technical workers, there must be a document from a foreign agency, organization, or enterprise that sends a foreign worker to work in Vietnam and is suitable for the expected job position or documents proving that they are managers.

(9) Dossier to request a work permit for some special cases:

- For foreign workers who have been issued a valid work permit and wish to work for another employer in the same position and with the same job title as stated in the work permit. The application file for a new work permit includes: confirmation from the previous employer that the employee is currently working; documents specified in (1), (5), (6), (7), and (8); and a certified copy of the issued work permit.

- For foreign workers who have been issued a work permit and are still valid but change their job position, job title, or form of work stated in the work permit
according to the provisions of the law, but remains unchanged for the employer, the application for a new work permit includes the documents specified in (1), (4), (5), (6), (7), (8) and work permit, or a certified copy of the issued work permit.

- For foreign workers who are experts or technical workers who have been granted a work permit and have had it extended once but wish to continue working in the same position and the job title stated in the work permit, the application file for a new work permit includes the documents specified in (1), (2), (5), (6), (7), (8), and a copy of the issued work permit.

(10) Consular legalization and authentication of documents:

For the documents specified in (2), (3), (4), (6), and (8), there must be 01 original or certified copy if they are from a foreign country; otherwise, they must be consularly legalized, except for cases exempt from consular legalization according to international treaties to which the Socialist Republic of Vietnam and the foreign country concerned are members or according to the principle of reciprocity or according to the provisions of law; translated into Vietnamese and notarized or authenticated according to Vietnamese law.

* The order of execution:

- Step 1: At least 15 days in advance from the date the foreign worker is expected to start working in Vietnam, the person submits the application for a work permit to the Ministry of Labor, War Invalids, and Social Affairs (Department of Employment).

- Step 2: Within 05 working days from the date of receiving a complete application for a work permit, the Ministry of Labor, War Invalids, and Social Affairs shall issue a work permit to foreign workers according to Form No. 12/PLI, Appendix I, issued with Decree 152/2020/ND-CP. In the event that a work permit is not issued, there will be a written response clearly stating the reason.

The work permit has an A4 size (21 cm x 29.7 cm) and includes 2 pages: page 1 is blue, page 2 has a white background with a blue pattern, and in the middle is a star. Work permits are coded as follows: province and centrally run city codes and the Ministry of Labor, War Invalids, and Social Affairs code according to Form No. 16/PLI Appendix I issued together with Decree 70/2023/ND-CP; The last 2 digits of the year of license issuance; type of license (new issuance symbol 1; renewal symbol 2; re-issue symbol 3); serial number (from 000.001).

If the work permit is an electronic copy, it must comply with relevant legal regulations and meet the content according to Form No. 12/PLI Appendix I issued with Decree 152/2020/ND-CP.

* Submission methods: via public postal service, online, or directly to the Ministry of Labor, War Invalids, and Social Affairs (Department of Employment).

Decision 1560/QD-LDTBXH takes effect on October 17, 2023.

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