ISSUANCE OF WORK PERMITS

Foreign workers who want to be granted a work permit in Vietnam need to prepare documents and carry out procedures in accordance with Vietnamese law. In the following article, we will provide a detailed analysis of the documents and procedures that need to be performed, and hope that it can be helpful for readers.

• ISSUANCE OF WORK PERMITS

ACCEPTANCE OF DEMAND FOR FOREIGN WORKERS (Article 4 Decree No. 152/2020/ND-CP)

• At least 30 days before the date on which foreign workers are expected to be employed, the employer shall determine the demand for foreign workers for every job position for which Vietnamese workers are underqualified.
• Form No. 01/PLI Appendix I hereto appended.

ISSUANCE OF WORK PERMITS (Article 9 Decree No. 152/2020/ND-CP)

Profile includes:

• An application form for issuance of a work permit No. 11/PLI Appendix I hereto appended.
• A fitness to work certificate issued by a foreign or Vietnamese competent health facility issued within 12 months.
• A police (clearance) certificate prosecution must be issued within 6 months before the submission date of the application.
• Proofs as a manager, executive, expert, technical and certain jobs, works as follows:
  • Proof as a manager, executive.
  • Proof as an expert, technical worker including: diplomas, certificates, certification of foreign agency, organization, enterprise in respect of number of years’ experience of the expert or technical worker.
  • Proof of experience of foreign football player or an international transfer certificate (ITC) issued to the foreign football player or a document of the Vietnam Football Federation which certifies temporary or official registration of a player of club affiliated to Vietnam Football Federation.
  • A pilot license issued by a Vietnamese competent authority, or issued by a foreign competent authority and validated by the Vietnamese competent authority, in case of a foreign pilot; or a certificate of eligibility for working on aircraft issued by the Ministry of Transport, in case of a flight attendant.
  • A certificate of competency in aviation maintenance issued by a Vietnamese competent authority, or issued by a foreign competent authority and validated by the Vietnamese competent authority, in case of a foreign worker who performs maintenance on aircraft.
  • A certificate of competency or validation of certificate of competence issued by a Vietnamese competent authority to a foreign seafarer.
  • A certificate of high achievement in sports which is certified by the Ministry of Culture, Sports and Tourism, in case of a sports coach or at least one of the following certificates: AFC (Asian Football Federation) football coaching level B certificate or AFC goalkeeping coaching level 1 certificate or AFC fitness coaching level 1 certificate or AFC futsal coaching level 1 certificate or any equivalent foreign certificate accredited by AFC.
  • A diploma issued by the competent authority in accordance with qualifications or standard qualifications in the Law on Education, the Law on Higher Education, the Law on Vocational Education and Regulation on organization and operation of foreign language and computer training centers issued by the Minister of Education and Training.
• Documents relevant to the foreign worker:
  • For a foreign worker intra-company transfer program, he/she must obtain a document issued by the foreign company to send him/her to work at a commercial presence of that company in Vietnam’s territory and a document justifying that he/she has been recruited by the foreign company at least 12 consecutive months prior to the transfer date.
  • For a foreign worker performs contracts or agreements on business, trade, finance, banking, insurance, science and technology, culture, sports, education, vocational training and health, an agreement or arrangement concluded between Vietnamese and foreign partners is required, which specifies the arrangement about sending foreign workers to Vietnam.
  • For a foreign worker provides services under contracts, a service contract concluded between Vietnamese and foreign partner is required and a document justifying that he/she has worked for the foreign company that has no commercial presence in Vietnam at least 2 years.
  • For a foreign worker offers services, he/she must obtain a document issued by the service provider to send him/her to Vietnam to negotiate the service provision.
  • For a foreign worker works  for foreign non-governmental organizations or international organizations in Vietnam that have been granted with operating licenses in accordance with the Vietnam law, he/she must obtain the operation license of that foreign non-governmental organization or international organization in Vietnam as per the law.
  • For a foreign worker works as managers, executives, experts, technical workers, he/she must obtain a document issued by the foreign enterprise, agency or organization to send him/her to work in Vietnam that is conformable with the expected job position.
• 02 color photos (4cm x 6cm size, white background, front view, bare head, no color glasses), taken within 6 months before the submission date of application.
• An acceptance of demand for foreign workers
• A valid certified true copy of passport.

Consular legalization and certification of documents.