CONDITIONS AND REQUIRED PAPERS OF WORK PERMIT APPLICATION FOR FOREIGN EMPLOYEES IN VIETNAM  

Publishing date: March 11, 2021

Conditions and requirements that foreign employees must satisfy to apply work permit as follows:
1 – Foreign workers internally reassigned in the company are the managers, chief executive officers, experts and technicians of a foreign enterprise which has established a commercial presence in Vietnam, are temporarily reassigned within the same enterprise to its commercial presence in Vietnam and have been employed by the foreign enterprise for at least 12 months.
2 – Volunteers are unpaid foreign workers who voluntarily work in Vietnam to implement the International Treaties to which the Socialist Republic of Vietnam is a signatory.
3 – An expert means a foreign worker who:
      Has a document certifying that he/she is an expert of an overseas agency, organization or enterprise; or
      Has a bachelor’s degree or equivalent or higher qualifications provided that he/she has worked at least 03 years in his/her training field in corresponding with the job position that he/she shall be appointed in Vietnam.
4 – Managers and chief executive officers are considered as foreign workers, including:
      Managers are persons in charge of managing the companies or heads or vice-heads of agencies or organizations.
      Chief executive officers are the heads who directly manage subordinate units of agencies, organizations or enterprises.
5 – Technicians are workers who had undergone training in technique or other majors for at least 01 year and have worked for at least 03 years in their training fields.

Dossier for work permit application includes:
1 – The written request for the work permit application made by the employer in accordance with regulations of the Ministry of Labor, War Invalids and Social Affairs.
2 – The health certificate or report on medical examination which is issued by the foreign or Vietnamese authorized health organizations or agencies and takes effect within 12 months from the signing date of conclusion of health status to the date of application.
3 – The criminal record or written certification that the foreign worker is not a criminal or liable to criminal prosecution issued by the foreign competent authority. If the foreign worker is a lawful resident in Vietnam, only the criminal record issued by the Vietnamese competent authority is required.
4 – The criminal record or written certification that the foreign worker is not a criminal or liable to criminal prosecution issued by the foreign competent authority. If the foreign worker is a lawful resident in Vietnam, only the criminal record issued by the Vietnamese competent authority is required.
5 – The written certification that the worker is a manager, chief executive officer, expert or technician. For some jobs and works, the written certification of the qualification of the foreign worker can be replaced with one of the following papers:
      Certificate of recognition which is issued by the competent authority of the foreign country if the worker is an artist in the traditional professions.
      The documents proving experience of foreign soccer players.
      The pilot license issued by a Vietnam’s competent authority to the foreign pilot.
      The license for airplane maintenance issued by a Vietnam’s competent authority to the foreign worker who works in airplane maintenance industry.
6 – 02 color pictures (4cm x 6cm, white background, frontal face, bareheaded and no colorful glasses) that are taken within 06 months ahead of the date of application.
7 – Certified copy of passport or a substitute for passport or other license for international travel which is unexpired in accordance with the law.

Other extra papers in some special cases include:
-  The foreign workers regulated in case of company’s internal reassignments must have papers of the foreign enterprise showing that they are appointed to work at the commercial presence of such foreign enterprise in Vietnam and the papers proving that they have been employed by such foreign enterprise for at least 12 months before they are appointed to work in Vietnam.
-  The foreign workers regulated in Point c Clause 1 Article 2 herein must have contracts or agreements sign by the Vietnamese partner and the foreign partner, including the agreements on sending foreign workers to work in Vietnam.
-  The foreign workers regulated in enforcing contracts or agreements on business, commerce, finance, banking, insurance, science and technology, culture, sports, education, vocational training and health must have service contracts signed by the Vietnamese partner and the foreign partner and the papers proving that the foreign workers have worked for the foreign enterprise without a commercial presence in Vietnam for at least 02 years.
-  The foreign workers regulated in case providing services under contracts must have the papers made by the service provider proving that the foreign workers are appointed to Vietnam to negotiate the service supply.
-  The foreign workers working for foreign non-governmental organizations or international organizations in Vietnam that have been granted with operating licenses in accordance with the Vietnam law must have certificates issued by the foreign non-governmental organization or international organization that has been granted with operating license in accordance with the Vietnam law.
-  The foreign workers taking charge of establishing the commercial presence must have the paper made by the service provider who appoints such foreign workers to Vietnam to establish its commercial presence.
-  The foreign workers as managers, chief executive officers, experts, technicians, who participate in the operation of the foreign enterprise that has established its commercial presence in Vietnam, must have papers proving the foreign workers’ eligibility to participate in operation of such foreign enterprise.

Subjects for special cases above include:
a) If the foreign worker who is the holder of an unexpired work permit wants to enter into the employment contract with another employer at the job position which is the same with that defined in his work permit application in accordance with the law.
b) If the foreign worker who is the holder of an unexpired work permit application wants to hold another job position which is different from that defined in his work permit in accordance with the law but the employer is unchanged.
c) If the foreign worker who is the holder of an unexpired work permit application wants to hold another job position which is different from that defined in his work permit in accordance with the law but the employer is unchanged.

Consular Legalization and Certification of documents
Documents regulated in related included 01 photocopy of each kind enclosed with its original for comparison or 01 certified copy of each kind.

If the above-mentioned documents are issued by foreign authorities, they must be applied for the consular legalization, except for cases of exemption from the consular legalization as regulated in the international treaties to which the Socialist Republic of Vietnam and relevant foreign country are signatories or in the principle of reciprocity or as regulated by the law; must be translated into Vietnamese and authenticated in accordance with the Vietnam laws.

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