Currently, Vietnam is implementing policies of supporting and opening the market for foreign investors to invest in Vietnam. Accordingly, the foreigners come and work in Vietnam to meet the needs of the labor market. However, a precondition for foreign workers to work in Vietnam is to have a work permit.
1. The procedure of obtaining for a work permit for legal representative
Step 1: Posting the job recruiment for Vietnamese workers in positions expected to recruit foreign workers must be done 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 within at least 15 days from the expected date of reporting to the Department of Labor, War Invalids and Social Affairs where the foreign worker is expected to work, as prescribed in Article 1.2 of Decree 70/2023/ND-CP.
Step 2: Submiting a request for approval of the position of employing foreign workers at the Department of Labor, War Invalids and Social Affairs where the foreign worker is expected to work at least 15 days before the expected date of employing the foreign worker as prescribed in Article 1.2 of Decree 70/2023/ND-CP.
Step 3: Obtaining a work permit for the legal representative at least 15 days in advance from the date the foreign worker is expected to start working in Vietnam according to the provisions of Article 11 of Decree 152/2020/ND-CP.
2. Documents proving the legal representative
Pursuant to Article 1.5. (b) Decree 70/2023/ND-CP, documents proving the legal representative include: Company charter, enterprise registration certificate and resolution or appointment decision of the enterprise. Indeed, in the process of obtaining a work permit for the legal representative, the company needs to provide all the above-mentioned documents and these documents must show the information that the foreigner expected to apply for a work permit is the legal representative of the company.
3. Health certificate or medical examination certificate
Article 9.2 of Decree 152/2020/ND-CP only stipulates that these papers must be valid for a period of 12 months, from the date of signing the health conclusion to the date of submission of the dossier, or the certificate of full health as prescribed by the Minister of Health. However, this regulation does not specifically record the content that needs to be confirmed about the health situation of employees. In case the employee conducts a health check-up at a health check-up facility in Vietnam, the health check-up facility will issue a health certificate in accordance with the regulations of the Ministry of Health, but in case the employee conducts a health check-up at a foreign health check-up facility, the company needs to pay attention to the content of confirming the person’s health status for proving to Vietnamese state agencies that the employee is expected to apply for a work permit in good health enough to work.
4. Judicial record or written certification
Judicial record or written certification that the foreign worker is not a person who is serving a penalty or has not yet had his criminal record expunged or is being examined for penal liability issued by a foreign country or Vietnam:
Article 9.3 of Decree 152/2020/ND-CP stipulates that this document must be issued no more than 6 months prior to the date of submission. In cases where the foreigner is currently residing in Vietnam, they can contact the Department of Justice to apply for a Criminal Record. However, if the worker is abroad, they must contact the competent authority in their country to request confirmation that they have no criminal record.
After obtaining the confirmation of no criminal record from the foreign authority, this confirmation must be consular legalized at the Vietnamese diplomatic representative agency in domicile, translated into Vietnamese, and the translation must be notarized at the Department of Justice of the People’s Committee or at a notary office.
See more:
1/ Change of representative managing the contributed capital under the law on enterprise 2020
2/ Legal Issues Related To The Head Of The Representative Office Of Foreign Traders In Vietnam (Part 1)
3/ Legal Issues Related To The Head Of The Representative Office Of Foreign Traders In Vietnam (Part 2)
Disclaimers:
This article is for general information purposes only and is not intended to provide any legal advice for any particular case. The legal provisions referenced in the content are in effect at the time of publication but may have expired at the time you read the content. We therefore advise that you always consult a professional consultant before applying any content.
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