
- What is a work permit?
Work permits for foreigners working in Vietnam. This is a type of document issued by a competent authority in Vietnam to foreign workers when they meet certain conditions as prescribed by law.
Foreign workers who are granted work permits are considered to work legally and have their legitimate rights and interests protected in labor relations.
A work permit is also one of the necessary documents for employees to carry out procedures related to entry, exit and temporary residence. Acts of violating the law on work permits are administratively sanctioned.
Besides the work permit, there are 02 other types of documents such as work permit exemption and work permit exemption reporting. These 02 types of documents will be mentioned in another article.
- What types of work permits are there?
The current types of work permits include:
– Work permits for foreigners to work in Vietnam in the form of labor contracts.
– Work permits for foreigners to work in Vietnam in the form of intra-enterprise mobility with a commercial presence in Vietnam
– Work permits for foreigners to work in Vietnam in the form of performance of economic, commercial, financial, banking, insurance, science and technology, culture, sports, education, health, and contractual service providers.
– Work permits for foreigners to work in Vietnam in the form of representing foreign non-governmental organizations are allowed to operate in accordance with the provisions of Vietnamese law.
The above are the types of work permits according to the current regulations of the Vietnamese state. Employers and Employees need to understand the types of work permits to apply for the right type of permit.
- Dossier of application for a work permit
– The employer’s written application for a work permit is made according to Form No. 11/PLI;
– A health certificate or health examination certificate issued by a competent foreign or Vietnamese health agency or organization is valid for 12 months from the date of signing the health conclusion to the date of submission of the dossier;
– A judicial record card or a document certifying that the foreign worker is not a criminal or examined for penal liability issued by a foreign country. An LLTP slip or a written certification that the foreign worker is not a criminal or examined for penal liability shall be issued within 06 months from the date of issuance to the date of submission of the dossier;
– Written approval of the demand for the use of foreign workers;
– Written proof of being a manager, executive director, expert or technical worker.
– 02 color photos (size 4cm x 6cm, white background, straight face, bare head, no colored glasses), photos taken not more than 06 months from the date of submission of the application;
– A certified copy of the passport or a certified copy of the passport by the employer.
- Procedures for implementation:
Step 1: Post the job posting at the Employment Service Center of the City/Province
From January 1, 2024, the announcement of recruitment of Vietnamese workers to positions expected to recruit foreign workers shall be made on the website of the Employment Service Center within at least 15 days from the expected date of reporting to the Department of Home Affairs where the foreign worker is expected to work job.
– Implementation dossier: Recruitment notice according to the form of the Employment Service Center of the City/Province where the employee is expected to work.
– Estimated implementation time: 15 days.
Step 2. Explanation of the need to use foreign workers
At least 15 days before the expected date of employment of foreign workers, the employer (except for the contractor) shall determine the demand for the use of foreign workers for each job position that the Vietnamese worker has not yet met and report to the Department of Home Affairs of the locality where the foreign worker is expected to work
– Implementation dossier: Document explaining the need to use foreign workers (Form 01/PLI)
– Estimated implementation time: 10 working days.
Step 3. Apply for a work permit
At least 15 days in advance and up to 45 days from the date the foreign worker is expected to start working for the employer, such employer must submit a dossier of application for a work permit.
– Implementation dossier: Written application for work permit of the employer (Form No. 11/PLI)
– Estimated implementation time: 05 working days.
To save time learning the procedures, filling out forms, notarizing, waiting for submission, you can contact HTLaw for advice and support for work permit services.
Contact us at htlaw.vn
Email: hue.truong@htlaw.vn
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