Dear Valued Clients,
How can foreigners work legally in Vietnam?
What are the conditions for foreigners to be issued work permit in Vietnam?
What are the procedures for obtaining work permit?
Where to apply for a work permit?
How long is the validity period of the work permit?
After obtaining a work permit, can foreigners apply for a temporary residence card in Vietnam?
In this article, Hung Vuong Law Firm will provide answers to all the questions above.
- Legal ground:
- Labour Code, dated 18 June 2012 (effective from 01 May 2013).
- Decree no. 11/2006/ND-CP on 03 February 2016 of the Government regulating in detail the implementation of some articles of the Labour Code in relation to foreign labour working in Vietnam (effective from 01 April 2016).
- Circular no. 40/2016/TT-BLDTBXH on 25 October 2016 of the Ministry of Labour – Invalids and Social Affairs providing guidance on implementation of some articles of Decree no. 11/2016/ND-CP (effective from 12 December 2016).
Decision no. 1541/QD-UBND on 01 April 2016 of the Ho Chi Minh City People’s Committee on the authorization to consider and approve the employment of foreign labour in accordance with Decree no. 11/2016/ND-CP on 03 February 2016 of the Government (effective from 01 April 2016).
- Conditions for being issued work permit in Vietnam
First, the Company or the organization where the foreign labour works must obtain an Approval Document from the Department of Labour – Invalids and Social Affairs with respect to the work positions in which the foreign labour are employed in accordance with Form 3 promulgated with the Circular no. 40/2016/TT-BLDTBXH.
If the Company or the organization where the foreign labour works has not obtained such Approval Document, the following procedure shall be followed:
Preparing the Report explaining the demand for employing foreign labour (In accordance with Form 01 promulgated with Circular no. 40/2016/TT-BLDTBXH), which shall be submitted together with copy of main business registration certificate and subsidiary certificates (if any).
Number: 1 file
With 15 days as from the date of receiving the sufficient and eligible documents, the Department of Labour – Invalids and Social Affairs of Ho Chi Minh City shall proceed and issue Approval Document with respect to the work positions in which the foreign labour are employed.
Second, in order to be issued work permit, the foreign employee need to submit the application file at the Department of Labour – Invalid and Social Affairs of the Province or City where he/she works. This application file includes:
- Document requesting the issuance of work permit in accordance with form 7 promulgated with Circular no. 40/2016/TT-BLDTBXH on 25 October 2016 of the Ministry of Labour, Invalids – Social Affairs;
- Health checking document issued by a foreign or Vietnamese competent healthcare organization which is still valid within 12 months, as from the date of health conclusion signature to the date of file submission;
- Judicial Record or document certifying that the foreign labour is not a criminal or prosecuted issued by a foreign country. If the foreign labour has lived in Vietnam, only the Judicial Record issued by Vietnam is needed;
- Copies of related certificates of the foreign labour (legalized, translated into Vietnamese and certified in accordance with Vietnamese law);
- 02 photos (4cm x 6cm, with white background, looking straight ahead, head uncovered, wearing no colored glasses), photos are taken within 6-month period at the time of application;
- Certified copy of passport or other valid document instead of passport or document that is valid for travelling internationally in accordance with the law.
Now Hung Vuong Law Firm would like to provide detailed guidance on point 2 and 3 above.
Point 2: Valued clients can perform their health check at Gia Dinh People’s Hospital (no.1 No Trang Long, Ward 12, Binh Thanh District, HCMC) because the fee for health checking is only about 600,000 dong (the fee for health checking at an international hospital in HCMC could be up to 2,700,000 dong)
Point 3: In order to be issued the Judicial Record, Valued Clients can make an application at Ho Chi Minh City Department of Justice. The application shall includes:
- Judicial Record Request Declaration Form
- 1 Certified copy of passport
- 1 copy of temporary residence registration book
- 02 4cm x 6cm photos.
As we have mentioned above, briefly, the foreign labour need to provide us with the following documents:
- 02 Copies of Passport (certified at District Level People’s Committee or at Notary Office)
- 4 pictures
- 02 copies of Temporary Residence Registration Book at Ward Level Police – ask the landlord for this
- 02 copies of University Degree, Tosel, proof of experience (if any)
- If the School or Company where the foreign labour works has not obtained work permit for anybody or is obtaining work permit for the first time, please provide us with the Company license and subsidiary license (if any). We will request the Approval Document in relation to the employment of foreign labour from the competent authority.
The current fee: 300 USD/ 1 work permit
Approval Document: 100 USD/ 1 Letter
Should you need further information, kindly contact our Law Firm at 0968.605.706 (Nhan lawyer)