On December 30, 2020, the Government of Vietnam issued the Decree No. 152/2020/NĐ-CP on foreign workers working in Vietnam and recruitment and management of Vietnamese workers working for foreign employers in Vietnam.
Article table of contents
Apart from cases specified at Article 7 of the Decree No. 152/2020/NĐ-CP of the Vietnam’s Government and Points 3, 4, 5, 6, 7 and 8 Article 154 of the Labor Code 2019 of Vietnam, foreign workers working in Vietnam must have a work permit.
Application for issuance of a work permit for foreign workers working in Vietnam from February 15, 2021 includes:
- An application form for issuance of a work permit No. 11/PLI Appendix I hereto appended.
- 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.
- 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.
- Proofs as a manager, executive, expert, technical and certain jobs, works.
+ Proof as a manager, executive as prescribed in clauses 4, 5 Article 3 hereof;
+ Proof as an expert, technical worker as prescribed in clauses 3, 6 Article 3 hereof, including: diplomas, certificates, certification of foreign agency, organization, enterprise in respect of number of years' experience of the expert or technical worker;
+ 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 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.
- 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.
- An acceptance of demand for foreign workers, unless it is not required.
- A valid certified true copy of passport as per the law.
- 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.
- Consular legalization and certification of documents: Any document mentioned in clauses 2, 3, 4, 6 and 8 hereof 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.
** 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 this Article 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 hereof and the current work permit or a certified true copy of the current work permit.
More details at the Decree No. 152/2020/NĐ-CP of the Vietnam’s Government, effective from February 15, 2021 and replaces the Decree No. 11/2016/NĐ-CP.
Le Hai
- Key word:
- Decree No. 152/2020/NĐ-CP
