Procedures to confirm that foreign workers are not subject to work permits in Vietnam

Procedures to confirm that foreign workers are not subject to work permits in Vietnam (Internet image)

On October 17, 2023, the Minister 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 Decree 152/2020/ND-CP regulating foreign workers working in Vietnam and recruiting and managing Vietnamese workers working for foreign organizations and individuals in Vietnam.

1. Procedures to confirm that foreign workers are not subject to central-level work permits

(1) Implementation sequence:

- Step 1: The employer requests the Ministry of Labor, War Invalids, and Social Affairs (Department of Employment) to confirm that the foreign worker is not subject to a work permit at least 10 days in advance, from the date the foreign worker starts working.

- Step 2: Within 05 working days from the date of receiving complete documents requesting confirmation of not being eligible for a work permit, the Ministry of Labor, War Invalids, and Social Affairs (Department of Employment) has a written confirmation that it is not subject to a work permit according to Form No. 10/PLI, Appendix I, Decree 152/2020/ND-CP. In cases of non-confirmation, there will be a written response clearly stating the reason.

(2) How to do it: via public postal service, online, or directly to the Ministry of Labor, War Invalids, and Social Affairs (Department of Employment).

(3) Components and quantity of documents:

* Profile components:

- Document requesting confirmation that foreign workers are not subject to a work permit according to Form No. 09/PLI Appendix I issued with Decree 152/2020/ND-CP.

- 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 regulations of the Minister of Health.

- Document approving the need to use foreign workers, except in cases where the need to use foreign workers is not required.

- A certified copy of your passport or a copy of your passport certified by the employer that is still valid according to the provisions of law.

- Documents to prove that foreign workers are not subject to a work permit.

- The documents specified in Points 2, 3 and 5 must be 01 original or certified copies, if from a foreign country, must be consularly legalized, translated into Vietnamese and notarized or authenticated except for cases exempted from consular legalization according to international treaties to which the Socialist Republic of Vietnam and the relevant foreign country are both members, according to the principle of reciprocity, or according to the provisions of law.

* Number of documents: 01 set.

2. Procedures to confirm that foreign workers are not subject to provincial-level work permits in Vietnam

(1) Implementation sequence:

- Step 1: The employer requests the Department of Labor, War Invalids, and Social Affairs where the foreign worker is expected to work to confirm that the foreign worker is not subject to a work permit at least 10 days in advance from the date the foreign worker starts working.

- Step 2: Within 05 working days from the date of receiving complete documents requesting confirmation of not being eligible for a work permit, the Department of Labor, War Invalids, and Social Affairs where the foreign worker is expected to work has a written confirmation that he or she is not subject to a work permit according to Form No. 10/PLI, Appendix I, Decree 152/2020/ND-CP, which has been amended and supplemented. In cases of non-confirmation, there will be a written response clearly stating the reason.

(2) Submission methods: The employer submits the application directly or via postal service or submits the application via online public service (if any) to the Department of Labor, War Invalids, and Social Affairs.

(3) Components and quantity of documents:

* Components:

- Document requesting confirmation that foreign workers are not subject to a work permit according to Form No. 09/PLI, Appendix I issued with Decree 152/2020/ND-CP, which has been amended and supplemented.

- 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.

- Document approving the need to use foreign workers, except in cases where the need to use foreign workers is not required.

- A certified copy of your passport or a copy of your passport certified by the employer that is still valid according to the provisions of law.

- Documents to prove that foreign workers are not subject to a work permit.

- The documents specified in Points 2, 3 and 5 are 01 original or certified copy, if from a foreign country, that must be consularly legalized, translated into Vietnamese, and notarized or authenticated unless consular legalization is exempted according to international treaties to which the Socialist Republic of Vietnam and related foreign countries are members, or according to the principle of reciprocity or according to the provisions of law.

* Number of documents: 01 set.

More details can be found in Decision 1560/QD-LDTBXH taking effect on October 17, 2023.

Ho Quoc Tuan

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