Regulations on application for issuance of a work permit in Vietnam (New update)

Regulations on application for issuance of a work permit in Vietnam (New update) (Internet image)

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

On September 18, 2023, the Government issued Decree 70/2023/ND-CP amending 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 employers in Vietnam.

In particular, Decree 70/2023/ND-CP has amended regulations on application for issuance of a work permit in Vietnam

Regulations on application for issuance of a work permit in Vietnam (New update)

Specifically, Article 9 of Decree 152/2020/ND-CP (amended in Decree 70/2023/ND-CP) stipulates application for issuance of a work permit as follows:

(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.

(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.

- 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.

(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 foreign workers, except for the foreign workers specified in point a clause 1 Article 2 of Decree 152/2020/ND-CP.

- For a foreign worker specified in point b clause 1 Article 2 of Decree 152/2020/ND-CP, 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 of Decree 152/2020/ND-CP, 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 of Decree 152/2020/ND-CP, 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 of Decree 152/2020/ND-CP, 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 of Decree 152/2020/ND-CP, 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 Decree 152/2020/ND-CP, and the operation license of that foreign non-governmental organization or international organization in Vietnam as per the law;

- As for a foreign worker specified in point i clause 1 Article 2 of Decree 152/2020/ND-CP, 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, or proof as a manager as prescribed in clause 4 Article 3 of Decree 152/2020/ND-CP.

(9) 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 (1), (2), (5), (6), (7), (8) 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 (1), (2), (5), (6), (7), (8) 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 (1), (2), (5), (6), (7), (8) and a copy of the issued work permit.

(10) Consular legalization and certification of documents:

Any document mentioned in (2), (3), (4), (6), (8) 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.

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