WORK PERMITS FOR FOREIGN WORKERS WORKING IN VIETNAM

WORK PERMITS FOR FOREIGN WORKERS WORKING IN VIETNAM

When employing foreign workers, the employers should pay attention to fully comply with the provisions of law related to the registration of demand for foreign workers and carry out the procedures for obtaining work permits for foreign workers. Within the scope of this article, VNCONSULT provides advice to assist customers in understanding the provisions of law when employing foreign workers in Vietnam.

1. FOREIGN WORKERS WORKING IN VIETNAM

Workers who are foreign citizens moving to Vietnam for employment (hereinafter referred to as foreign workers) in the form of:

• Performing employment contracts;
• Performing intra-company transfer program;
• Performing contracts or agreements on business, trade, finance, banking, insurance, science and technology, culture, sports, education, vocational training and health;
• Providing services under contracts;
• Offering services;
• Working for foreign non-governmental organizations or international organizations in Vietnam that have been granted with operating licenses in accordance with the Vietnam law;
• Working as volunteers;
• Taking charge of establishing the commercial presence;
• Working as managers, executives, experts, technical workers;
• Performing packages or projects in Vietnam;
• Being accompanying members of foreign representative bodies in Vietnam who are authorized to work in Vietnam under an international treaty to which the Socialist Republic of Vietnam is a signatory as their relatives.

2. CONDITIONS FOR FOREIGN WORKERS WORKING IN VIETNAM

• Being at last 18 years of age and has full legal capacity;
• Having qualifications, occupational skills, practical experience;
• Having adequate health as prescribed by the Minister of Health;
• Not serving a sentence; does not have an unspent conviction; is not undergoing criminal prosecution under his/her home country’s law or Vietnam’s law;
• Having a work permit granted by a competent authority of Vietnam, except in the cases stipulated in Article 154 of Labor Code 2019.

Foreign employees working in Vietnam shall comply with and shall be protected by the labor law of Vietnam, unless otherwise prescribed by treaties to which Vietnam is a signatory.

3. PROVISIONS APPLIED TO EMPLOYERS

• Enterprises, organizations, individuals and contractors shall only employ foreigners to hold positions of managers, executive directors, specialists and technical workers in which the professional requirements cannot be met by Vietnamese workers to satisfy the demand for manufacture and business.
• Before the recruitment of foreign employees in Vietnam, enterprises, organizations, individuals have to explain the demand for foreign workers and obtain the written approval from competent authorities.
• Before the recruitment of foreign employees in Vietnam, contractors shall list the positions, necessary qualifications, skills, experience and employment period required for the foreign employees to execute the contract, and obtain the written approval from competent authorities.

4. DURATION OF LABOR CONTRACT FOR FOREIGN WORKERS

The duration of a labor contract as for foreign workers working in Vietnam must not exceed that of the Work permit. When a foreign employee in Vietnam is recruited, both parties may negotiate conclusion for multiple times of fixed-term labor contracts.

5. FOREIGN WORKERS EXEMPT FROM WORK PERMITS

5.1. Circumstances that foreign worker exempt from work permit and NOT SUBJECT TO THE certification of exemption from work permit:

• Being the owner or capital contributor of a limited liability company with a capital contribution value of at least 3 billion dong.
• Being the Chairperson or a member of the Board of Directors of a joint-stock company with a capital contribution value of at least 3 billion dong.
• Entering Vietnam to hold the position of a manager, executive, expert or technical worker for a period of work of less than 30 days and up to 3 times a year.
• Being a relative of a member of foreign representative body in Vietnam who are authorized to work in Vietnam under an international treaty to which the Socialist Republic of Vietnam is a signatory.
• Entering Vietnam for a period of less than 03 months to offer services.
• Being a foreign lawyer who has been granted a lawyer’s practising certificate in Vietnam in accordance with the Law on Lawyers.
• Foreigner getting married with a Vietnamese citizen and wishing to reside in Vietnam.

5.2. Circumstances that foreign worker exempt from work permit but SUBJECT TO THE certification of exemption from work permit:

• Being the Manager of a representative office, project or the person in charge of the operation of an international organization or a foreign non-governmental organization in Vietnam.
• Entering Vietnam for a period of less than 03 months to a resolve complicated technical or technological issue which affects or threatens to affect business operation that cannot be resolved by Vietnamese experts or any other foreign experts currently in Vietnam.
• In one of the cases specified in an international treaty to which the Socialist Republic of Vietnam is a signatory.
• Being an intra-company transferee within 11 sectors in the schedule of commitments in services between Vietnam and WTO, including: business services, communication services, construction services, distribution services, educational services, environmental services, financial services, health services, tourism services, recreational and cultural services, and transport services.
• Entering Vietnam to provide professional and engineering consulting services or perform other tasks intended for research, formulation, appraisal, supervision, evaluation, management and execution of programs and projects using official development assistance (ODA) in accordance with regulations or agreement in international treaties on ODA signed between the competent authorities of Vietnam and foreign countries.
• Being granted a communication and journalism practicing certificate in Vietnam by the Ministry of Foreign Affairs as per the law.
• Being sent by a foreign competent authority or organization to Vietnam to teach and study at an international school under management of a foreign diplomatic mission or the United Nations; or of a facility established under an agreement to which Vietnam is a signatory.
• Being a volunteer in the form of unpaid foreign worker who voluntarily works in Vietnam to implement an international treaty to which the Socialist Republic of Vietnam is a signatory with certification of a foreign diplomatic mission or international organization in Vietnam.
• Entering Vietnam to implement an international agreement to which a central or provincial authority is a signatory as per the law.
• Being a student studying at a foreign school or training institution which has a probation agreement with an agency, organization or enterprise in Vietnam; or a probationer or apprentice on a Vietnam sea-going ship.
• Having an official passport to work for a regulatory agency, political organization, or socio-political organization.
• Being in charge of establishing a commercial presence.
• Being certified by the Ministry of Education and Training as a foreign worker entering Vietnam for teaching and research purpose.

SERVICES PROVIDED BY VN CONSULT

• Providing legal opinions to assist employers and foreign workers working in Vietnam to understand the provisions of Vietnamese law related to the procedures for foreigners to work legally in Vietnam.
• Drafting and supporting employers and foreign workers to work in Vietnam to complete the necessary legal documents in accordance with Vietnamese law.
• Representing the organization employing foreign workers to carry out procedures (i) explaining the demand for foreign workers; (ii) applying for work permits; (iii) applying for temporary residence cards;…
• Consulting and supporting legal procedures in the process of carrying out procedures for foreign workers to work legally in Vietnam.

INSTRUCTIONS ON PROCEDURES AND DOSSIER FOR WORK PERMITS – CERTIFICATES OF EXEMPTION FROM WORK PERMITS

Step 1: Applying for acceptance of the demand for foreign workers

At least 30 days prior to the expected date of employment of foreign workers, the employer (EXCEPT THE CASES NOT SUBJECT TO CERTIFICATION OF DEMAND FOR FOREIGN WORKERS) sends a report explaining the demand for foreign workers to the Minister of Labor, War Invalids and Social Affairs or the Chairman of the provincial People’s Committee.

Details of the procedure, please see HERE – PROCEDURE FOR OBTAINING ACCEPTANCE

The cases not subject to certification of demand for foreign workers

• Being the manager of a representative office, project or the person in charge of the operation of an international organization or a foreign non-governmental organization in Vietnam.
• Entering Vietnam for a period of less than 03 months to offer services.
• Entering Vietnam for a period of less than 03 months to a resolve complicated technical or technological issue which affects or threatens to affect business operation that cannot be resolved by Vietnamese experts or any other foreign experts currently in Vietnam.
• Being the owner or capital contributor of a limited liability company with a capital contribution value of at least 3 billion dong.
• Being the Chairperson or a member of the Board of Directors of a joint-stock company with a capital contribution value of at least 3 billion dong.
• Entering Vietnam to hold the position of a manager, executive, expert or technical worker for a period of work of less than 30 days and up to 3 times a year.
• Entering Vietnam to implement an international agreement to which a central or provincial authority is a signatory as per the law.
• Being a student studying at a foreign school or training institution which has a probation agreement with an agency, organization or enterprise in Vietnam; or a probationer or apprentice on a Vietnam sea-going ship.
• Being a relative of a member of foreign representative body in Vietnam.
• Having an official passport to work for a regulatory agency, political organization, or socio-political organization.
• Being in charge of establishing a commercial presence.
• Being certified by the Ministry of Education and Training as a foreign worker entering Vietnam for teaching and research purpose.

Step 2: Carrying out procedures for obtaining Work Permits or Certificates of exemption from work permits

          a. Procedures for obtaining Work Permits

At least 15 days prior to the date the foreign workers are expected to start working, the employer must carry out procedures for applying for work permits at the Department of Labor, War Invalids and Social Affairs where the foreign workers are expected to work.

Details of the procedure, please see HERE – PROCEDURES FOR WORK PERMIT

        b. Procedures for obtaining Certificate of exemption from work permits

At least 10 days prior to the date the foreign workers are expected to start working, the employer must carry out procedures for applying for certificates of exemption from work permits at the Department of Labor, War Invalids and Social Affairs where the foreign workers are expected to work.

Details of the procedure, please see HERE-PROCEDURES FOR CERTIFICATION OF EXEMPTION FROM WORK PERMITS

Step 3: Carry out procedures for obtaining temporary residence cards according to the duration of work permits for foreigners

After the foreign workers are granted Work permits in Vietnam or Certificates of exemption from work permits in Vietnam, the next step is to carry out the procedures for obtaining Temporary residence cards according to the working period in the Work Permits, Certificates of exemption from work permits.

The maximum working period under the Work Permits, Certificates of exemption from work permits is 02 years, therefore the maximum duration of the temporary residence cards is also 02 years.

Details of the procedure, please see HERE – PROCEDURES FOR TEMPORARY RESIDENCE CARDS

In case the Valued Customer need to consult and use VN CONSULT’s services, please contact at the address:

VN CONSULT LAW FIRM

Room 703 Floor 7 Ford Thang Long Building, 105 Lang Ha Street, Lang Ha Ward,

Dong Da District, Hanoi.

Tel: 0903 236 646 (Ms. Thu Hang)

Email: thuhang@vnconsult.com.vn

Email: contact@vnconsult.com.vn