What are the procedures for applying for a work permit for foreign workers working in Vietnam?

1. Conditions for foreign workers to work in Vietnam

Conditions for foreign workers to work in Vietnam are stipulated in Clause 1, Article 151 of the 2019 Labor Code as follows:

- 18 years of age or older and have full civil act capacity;

- Have professional qualifications, technical skills, work experience; have good health according to regulations of the Minister of Health;

- Not being a person who is serving a sentence or has not had his/her criminal record cleared or is being prosecuted for criminal liability under the provisions of foreign law or Vietnamese law;

- Have a work permit issued by a competent state agency of Vietnam, except for the case specified in Article 154 of the 2019 Labor Code.

Accordingly, we see that having a work permit is one of the conditions for foreign workers to work in Vietnam.

* The application for a work permit for foreign workers as prescribed in Article 9 of Decree 152/2020/ND-CP includes:

- The employer's request for a work permit according to Form No. 11/PLI Appendix I issued herewith. Decree 152/2020/ND-CP;

- Health certificate or health examination certificate issued by a competent medical agency or organization of a foreign country or Vietnam 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.

- A criminal record or document confirming that the foreign employee is not serving a sentence or has not had his/her criminal record expunged or is being prosecuted for criminal liability by a foreign country or by Vietnam, issued no more than 06 months from the date of issue to the date of application submission.

- Documents and papers proving that you are a manager, executive director, expert, technical worker and some occupations and jobs as prescribed by law;

- 02 color photos (size 4cm x 6cm, white background, face looking straight, bare head, no colored glasses), photos taken no more than 06 months from the date of application submission.

- Document approving the need to use foreign workers, except for cases where it is not necessary to determine the need to use foreign workers.

- Certified copy of valid passport according to law.

- Some documents related to foreign workers as prescribed by law;

- Consular legalization and certification of documents according to Vietnamese law.

2. In some special cases, the application for a work permit is specified in Clause 9, Article 9 of Decree 152/2020/ND-CP as follows:

“Article 9. Application for work permit

…

9. Application for work permit in some special cases:

a) For foreign employees who have been granted a valid work permit and wish to work for another employer in the same position and job title stated in the work permit, the application for a new work permit shall include: a confirmation from the previous employer that the employee is currently working, the documents specified in Clauses 1, 5, 6, 7, 8 of this Article and a certified copy of the issued work permit;

b) For foreign employees who have been granted a valid work permit and change their job position or job title or form of work stated in the work permit in accordance with the provisions of law but do not change the employer, the application for a new work permit shall include the documents specified in Clauses 1, 4, 5, 6, 7 and 8 of this Article and the work permit or a certified copy of the granted work permit.”

* The procedure for granting work permits is stipulated in Article 11 of Decree 152/2020/ND-CP as follows:

- At least 15 days before the date the foreign worker is expected to start working in Vietnam, the person submitting the application for a work permit must send it to the Ministry of Labor, War Invalids and Social Affairs or the Department of Labor, War Invalids and Social Affairs where the foreign worker is expected to work, as follows:

+ Employers in case foreign employees work in the form prescribed in points a, b, e, g, i and k, Clause 1, Article 2 of Decree 152/2020/ND-CP;

+ Vietnamese agencies, organizations, enterprises or foreign organizations and enterprises operating in Vietnam where foreign workers come to work in the form prescribed in Points c and d, Clause 1, Article 2 of Decree 152/2020/ND-CP;

+ Foreign workers entering Vietnam to offer services, persons responsible for establishing a commercial presence in the form prescribed in Points d and h, Clause 1, Article 2 of Decree 152/2020/ND-CP.

- Within 05 working days from the date of receipt of a complete application for a work permit, the Ministry of Labor, War Invalids and Social Affairs or the Department of Labor, War Invalids and Social Affairs where the employee is expected to work shall issue a work permit to the foreign employee according to Form No. 12/PLI Appendix I issued with Decree 152/2020/ND-CP. In case a work permit is not granted, a written response stating the reasons shall be issued.

- For foreign employees as prescribed in Point a, Clause 1, Article 2 of Decree 152/2020/ND-CP, after the foreign employee is granted a work permit, the employer and the foreign employee must sign a written labor contract in accordance with the provisions of Vietnamese labor law before the expected date of work for the employer.

The employer must send the signed labor contract upon request to the competent authority that issued the work permit. The labor contract must be an original or a certified copy.

Thus, foreign workers working in Vietnam must have a work permit and carry out procedures to apply for a work permit according to Vietnamese law.