Conditions and procedures for issuing work permits to foreign employees

1. Conditions foreign employees working in Vietnam

According to Article 151.1 of the 2019 Labor Code, foreign employees who want to work in Vietnam must have foreign nationality and meet the following conditions:  

• 18 years of age or older and have full civil capacity; 

• Have professional qualifications, technical skills, work experience; have good health according to regulations of the Minister of Health; 

• Not being a person who is serving a sentence or has not had his/her criminal record cleared or is being prosecuted for criminal liability under the provisions of foreign law or Vietnamese law; 

• Have a work permit issued by a competent state agency of Vietnam, except in the cases specified in Article 154 of the 2019 Labor Code. 

It can be seen that, except for cases where foreign employees working in Vietnam are not subject to work permits under Article 154 of the 2019 Labor Code, a work permit is one of the mandatory conditions that foreign employees must meet when working in Vietnam.

2. Procedures for applying for work permits for foreigners

The process of applying for a work permit for foreign employees is carried out through the following steps. 

Step 1: Announce recruitment of Vietnamese employees for positions expected to recruit foreign employees 

Employers shall post notices of recruitment of Vietnamese employees for positions expected to recruit foreign employees on the Electronic Information Portal of the Ministry of Labor, War Invalids and Social Affairs (Department of Employment) or the Electronic Information Portal of the Employment Service Center of the province or centrally-run city within at least 15 days from the expected date of reporting to the Ministry of Labor, War Invalids and Social Affairs or the Department of Labor, War Invalids and Social Affairs where the foreign employee is expected to work. 

The recruitment notice content includes: job position and title, job description, quantity, requirements on qualifications, experience, salary, working time and location. 

Step 2: Determine the need for foreign employees 

After failing to recruit Vietnamese employees for the positions recruiting foreign employees in Step 1, the employer is responsible for determining the need to use foreign employees. 

At least 15 days before the expected date of employing foreign employees, the enterprise shall submit a registration of the need to employ foreign employees to the Department of Labor, War Invalids and Social Affairs of the province or city where the foreign worker is expected to work according to Form No. 01/PLI Appendix I issued with Decree 152/2020/ND-CP. 

Within 10 working days from the date of receipt of the explanatory report or the explanatory report on changes in the need to use foreign employees, the Ministry of Labor, War Invalids and Social Affairs or the Department of Labor, War Invalids and Social Affairs shall issue a written approval or disapproval of the use of foreign employees for each job position according to Form No. 03/PLI Appendix I issued with Decree 152/2020/ND-CP. 

Step 3: Apply for a Work Permit for foreign employees 

At least 15 days before the date the foreign worker is expected to start working in Vietnam, the person submitting the application for a work permit must send it to the Ministry of Labor, War Invalids and Social Affairs or the Department of Labor, War Invalids and Social Affairs where the foreign worker is expected to work. 

Application for work permit for foreign employees includes:  

• Application for work permit of employer according to Form No. 11/PLI. 

• Health certificate or health examination certificate issued by a competent medical agency or organization of a foreign country or Vietnam is valid for 12 months. 

• A criminal record or document confirming that the foreign employee is not serving a sentence or has not had his/her criminal record expunged or is under criminal prosecution by a foreign country or by Vietnam, issued no more than 06 months ago. 

• Documents and papers proving that you are a manager, executive director, expert, technical worker, etc. 

• 02 color photos, size 4 x 6 cm, white background, taken within 06 months from the date of application submission. 

• Document approving the need to use foreign employees, except for cases where it is not necessary to determine the need to use foreign employees. 

• Certified copy of valid passport as prescribed by law. 

• Other documents related to foreign employees. 

Within 05 working days from the date of receipt of a complete application for a work permit, the Ministry of Labor, War Invalids and Social Affairs or the Department of Labor, War Invalids and Social Affairs of the place where the employee is expected to work shall issue a work permit to the foreign employee. In case a work permit is not issued, a written response stating the reasons shall be issued. 

See more:

1/ Statute of limitations and legal consequences regarding the unlawful employment of foreign workers

2/ Some regulations regarding the revocation of work permits for foreign employees

3/ Labor contracts of foreign workers working in Vietnam are void due to a lack of a work permit

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