Legal grounds:

    – Labor Code 2019 takes effect from January 1st, 2021;        

    – Decree 152/2020 ND-CP dated 30/12/2020 provides for employment of foreigners working in Vietnam and hiring and managing employees Vietnam working for organizations and individuals in Vietnam.        

    – Implementation manuals.     

    A. Who is a foreigner who is granted a work permit in Vietnam?

    – Execution of labor contracts;        

    – Moving within the enterprise;        

    – Performing various types of contracts or agreements on economics, commerce, finance, banking, insurance, science and technology, culture, sports, education, vocational education and health;        

    – Contracted service providers;        

    – Offering services;        

    – Working for a foreign non-governmental organization or an international organization in Vietnam that is permitted to operate in accordance with Vietnamese law;        

    – Volunteers;        

    – Person responsible for establishing commercial presence;        

    – Managers, executives, experts, technical workers;        

    – Participating in the implementation of bidding packages and projects in Vietnam;        

    – Relatives of members of foreign representative missions in Vietnam are allowed to work in Vietnam according to the provisions of international treaties to which the Socialist Republic of Vietnam is a signatory.        

    B. Dossier for issuance of a work permit

    – A health certificate or medical examination certificate issued by a competent foreign or Vietnamese medical agency or organization is valid for a period of 12 months from the date of signing the health conclusion to the date of submission. dossiers or certificates of sufficient health as prescribed by the Minister of Health (Note the list of health examination hospitals that issue work permits)        

    – A judicial record card or a document certifying that the foreign worker is not a person who is currently serving a sentence or has not yet been cleared of criminal records or is being examined for criminal liability by a foreign country or issued by Vietnam.        

    Note the judicial history card on file licensed occupational activity:

    For judicial record cards issued in foreign countries : judicial record cards issued or documents certifying that the foreign worker is not a person who is currently serving a sentence or has not yet been expunged or is in prison. The time for being examined for penal liability abroad is not more than 06 months from the date of issuance to the date of submission of the dossier.     

    For the criminal record card issued in Vietnam : If the employee has a confirmation of temporary residence in Vietnam and is currently residing in Vietnam, he/she can apply for a criminal record card at the Department of Justice where the foreigner is currently residing. residing in Vietnam to apply for a work permit. The duration of a criminal record issued in Vietnam to a foreigner must not exceed 6 months from the date of issuance to the date of submission of the application.     

    – Documents and papers proving that they are managers, executives, experts, technical workers. Includes the following documents:        

    Experts fall into one of the following cases:

    Possessing a university degree or higher or equivalent and having at least 3 years of working experience in a specialized field of training suitable to the position in which the foreign worker is expected to work in Vietnam;     

    Having at least 5 years of experience and practicing certificate suitable to the position in which the foreign worker is expected to work in Vietnam;     

    Manager is a person who manages an enterprise as prescribed in Clause 24, Article 4 of the Law on Enterprises or is the head or deputy of the head of an agency or organization.

    CEO is the head and the direct operating subsidiary units agencies, organizations and businesses now.

    Technical workers fall into one of the following cases:

    Having been trained in a technical or other discipline for at least 1 year and working for at least 3 years in the trained specialty;     

    Having at least 5 years of working experience in a job suitable to the position that the foreign worker is expected to work in Vietnam.     

    – 2 color photos (size 4cm x 6cm, white background, straight face, bare head, no colored glasses), photos taken within 06 months from the date of application submission.        

    – A certified copy of passport valid under the provisions of law. Include all pages of the passport.        

    – One of the other documents, including:        

    For foreign workers moving within the enterprise, the following documents are required:     

    Documents of the foreign enterprise sending to work at the commercial presence of that foreign enterprise in the Vietnamese territory;     

    A document proving the foreign workers were foreign companies that recruit before working in Vietnam for at least 12 months continuous;     

    For foreign workers perform all kinds of contracts or agreements in accordance with provisions to the text: spatch contract or agreement signed between partners from Vietnam and foreign parties, which must be agreed about foreign workers working in Vietnam;     

    For foreign workers who are service providers under contract, the following documents are required: Service supply contract signed between Vietnamese and foreign partners and documents proving the foreign worker. have worked for a foreign enterprise without a commercial presence in Vietnam for at least 02 years;     

    A amniotic with foreign workers offering services must have written: Text of service providers nominate foreign workers in Vietnam to negotiate service providers;     

    For foreign workers working for foreign non-governmental organizations and international organizations in Vietnam, the following documents must be submitted : Documents of the agency or organization sending foreign workers to work for the organization. foreign non-governmental organizations, international organizations in Vietnam and operation licenses of foreign non-governmental organizations and international organizations in Vietnam according to the provisions of law;     

    For the employees of foreigners as managers, executives, specialists and technical workers , the right of the text: Text of businesses, agencies and organizations of foreign laborers for foreign to work in Vietnam and suitable for the intended position.     

    All the above documents of foreigners granted in foreign countries have to be consular legalized, then translated into Vietnamese and notarized, authenticated (together with a certified copy of the original consular legalization) before when submitting dossiers, except for papers and documents that are exempt from consular legalization in accordance with Vietnamese law or international treaties to which Vietnam and related foreign countries are both members, or on the principle of reciprocity.

    C. The process of granting work permits for foreign workers in Vietnam

    Step 1. Please approve the demand for labor activities are foreigners

    At least 30 days before the expected date of employment of foreign workers, the employer (except for contractors) shall send a report explaining the need to employ foreign workers to the Ministry of Labor and War Invalids and Social Affairs or the Chairman of the Provincial People’s Committee.

    Within 10 days from the date of receipt of the valid declaration and report explaining the need to employ foreign workers, the approval agency will send the results via email of the employer. If the submitted application is not valid, the approval agency will issue a notice of correction.

    The dossier includes: Form of report explaining demand for foreign workers (under form No. 01, Appendix 01 of Decree No. 152/2020/ND-CP) together with a copy of enterprise registration.

    Step 2: Apply for permits employees work

    – At least 15 working days before the date the foreign worker is expected to start working for the employer, the employer must fill in the information in the declaration form and submit the application for a permit. work permit according to regulations to the work permit-issuing agency through the portal.        

    – Number of dossiers: 01 set ;        

    – Apply at: Submit directly at the 1-stop Department of the approval agency or the electronic portal system        

    – Processing time: 05 working days        

    Step 3: Sign the labor contract

    Step 4: Issue temporary residence card according to the term of work permit to foreigners

    Aplly for a temporary residence card include:

    – A written request from the agency, organization or individual that carries out the invitation and guarantee procedures (usually the employer)        

    – Application form for temporary residence card with photo: Form NA8 is issued together with Circular No. 04/2015/TT-BCA stipulating the form of documents related to the entry, exit and residence of foreigners out in Vietnam. This declaration is signed by the applicant for temporary residence, clearly stating his/her full name. The guaranteeing agency or organization shall affix the seal on the photo and the declaration and hang the seal on the other side;        

    – Passport of the applicant for temporary residence card;        

    – Work permit of the applicant for temporary residence card;        

    – 02 color photos (size 2cm x 3cm, white background, straight face, bare head, no colored glasses), photos taken within 06 months from the date of application;        

    – Certificate of temporary residence certified by the police of the commune/ward where the foreigner temporarily resides;        

    – Documents proving the legal status of the guarantor.

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