ISSUANCE OF WORK PERMIT FOR FOREIGN EXPERT

Nowadays, many enterprises do business in an area that requires the workers to have high skill and the employers also have demand on recruiting foreign worker who is an expert in these business areas. The company that want to recruit foreign workers need to have a work permit for these foreign workers. So, what should a company prepare to have a work permit for the foreign worker? In this Article, KAV Lawyers will supply for readers step and dossier needed to prepare for implementing the procedure of issuing a work permit for foreign worker coming to Viet Nam for work.

The procedure for issuing work permits to foreign experts (or foreign workers in cases of working in manager, executive, and technical labor positions). There are some changes under the new Labor Code and the new Guidance Decree (Decree 152/2020/ND-CP regulating on foreign worker in Vietnam), the company should notice these new points when preparing to submit the work permit’s document.

Step 1: Explaining the demand on using labor

According to 2019 Labor code, at clause 2 Article 152 stipulating “Companies, agencies, organizations and individuals before recruiting foreign workers to work in Vietnam must explain their labor demands and get written approval from competent state agencies”

– To explain the demand on using labor, the company should prepare the following documents:

+ Written explanation about the demand for using foreign workers;

+ The power attorney.

– Then, submitting the written explanation to the Ministry of Labor, War Invalids and Social Affairs or the provincial – level People’s Committees, municipalities (herein refer as provincial-level People’s Committees) where foreign workers are going to work.

The term is before at least 30 days from the day of employment.

After 10 working days from the day receiving the written explanation, the Ministry of Labor, War Invalids and Social Affairs or the provincial – level People’s Committees shall issue a written approval or non-approval of the employment of foreign workers for each job position.*-+

Step 2: Requesting for issuing the work permit

After receiving the written approval, the company implement to request for work permit for foreign workers.

– To request for this paper, the applicant should prepare these following documents:

+ Written request for work permit                                                                                                                                 

+ 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 heath status to the date of application  or certificates of sufficient health as prescribed by the Minister of Health.

+ The criminal record or written certification that the foreign worker is not a criminal or liable to criminal prosecution issued by the foreign or Viet Nam competent authority.

Note: The criminal record or written certification that the foreign worker is not a criminal or liable to criminal prosecution must be issued not exceed 06 months from the submission of the application.

+ The written certification proving the worker is an expert (including: certificates and written certifications of foreign agencies, organizations and enterprises on the number of years of experience of experts);

+ 02 color pictures (4cm x 6cm, white background, frontal face, bareheaded and no colorful glasses) that are taken not exceed 06 months from date of application;

+ written approval copies for using foreign labor;

+ Certified copy of passport in valid;

+ Document of the foreign enterprise showing that workers are appointed to work at the commercial presence of such foreign enterprise in Vietnam and the document proving that they have been employed by such foreign enterprise for at least 12 months constantly before they are appointed to work in Vietnam (in case foreign employees come to work in the form of internal movement of enterprises);

+ Contracts or agreements sign by the Vietnamese partner and the foreign partner, including the agreements on sending foreign workers to work in Vietnam (in case foreign employees come to work in the form of signing contracts or agreements);

+ In addition, having other document in specific cases.

– After fully preparing the above documents, enterprises need to legalize consular, translate into Vietnamese and authenticate, notify the following documents:

+ The health certificate or report on medical examination issued by the foreign organization;

+ The criminal record or written certification that the foreign worker is not a criminal or liable to criminal prosecution issued by the foreign organization;

+ The written certification proving the worker is an expert (including: certificates and written certifications of overseas agencies, organizations and enterprises on the number of years of experience of experts) issued by foreign organization;

+ Document of the foreign enterprise showing that workers are appointed to work at the commercial presence of such foreign enterprise in Vietnam and the document proving that they have been employed by such foreign enterprise for at least 12 months constantly.

After preparing all the above dossiers, send the dossier to the Ministry of Labor, War Invalids and Social Affairs or the Department of Labor – Invalids and Social Affairs where the foreign worker is going to work.

Step 3: Receive dossiers, return results

– The term to submit the dossier: Before at least 15 days, from the day foreign worker is going to work in Vietnam, the employer must submit a dossier of application for a work permit;

– Within 05 working days, from the date receiving the valid dossier, the agency will have the result approving or not approving the work permit, in case of not approving, there must be a written document explaining the reasons why not;

– The applicant shall go to the Ministry of Labor, War Invalids and Social Affairs or the Department of Labor – Invalids and Social Affairs where the foreign worker is going to work to receive the work permit.

Above is an article about issuing the work permit for foreign expert working at Viet Nam that KAV Lawyers very pleasure to send to you. In case you have any questions or would like any other legal advice, please contact KAV Lawyers by the contact addresses below:

Email: [email protected] or [email protected]

Phone: (+84) 28 6270 7075 or (+84) 949 761 861

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