02 Aug Foreign Employees Working In Viet Nam – How To Prepare Papers And Application For A Work Permit
Work permit is an important document for foreign employees who works in Vietnam. The dossier of work permit (WP) application is quite complex. However, before collecting necessary documents for a proper and sufficient application dossier, employers should clearly understand about the cases in which foreign employees can apply for a work permit.
There are 05 groups of foreign employees who can apply for a work permit:
1. Foreign employees who are internally reassigned to be managers, chief executive officers, experts and technicians within 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.
Typical cases of Viet Nam work permit exemption:
Work permit application usually consists of:
- The written request for the work permit made by the employer in accordance with regulations of the Ministry of Labor, War Invalids and Social Affairs.
- 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.
- 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.
- The criminal record or written certification that the foreign worker is not a criminal or liable to criminal prosecution must be issued within 06 months prior to the submission of the application.
- 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:
- 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.
- Certified copy of passport or a substitute for passport or other license for international travel which is unexpired in accordance with the law.
- Other documents related to the foreign workers:
– The foreign workers regulated in case of company’s internal reassignments must have papers of the foreign enterprise showing that they are appoint 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 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 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.
Special cases of work permit application that need exclusive consultation from Viva Business Consulting:
- 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 in accordance with the law.
- If the foreign worker who is the holder of an unexpired work permit 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.
- If the foreign worker whose work permit expires as regulated in Article 174 of the Labor Code wants to continue his employment at the job position which is the same with that defined in his work permit in accordance with the law.
Notes for 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 law.
With more than 10 years of delivering business consultation for more than 1000 foreign representative offices in Viet Nam, Viva Business Consulting is capable to consult and implement any query you have in the most practical way. We prevent your business from any potential risks in advance so you can manage foreign employees in the most simple and cost effective way
We are pleased to provide a full checklist for required papers and guidance as well as initial consultation.