I. Case of issuance of work permit to a manager who is not the legal representative of the company
According to Clause 4, Article 3 of Decree no. 152/2020/ND-CP Governing on Foreign workers working in Vietnam and recruitment and management of Vietnamese workers working for foreign employers in Vietnam: “Manager means a person in charge of management of an enterprise as prescribed in clause 24 Article 4 of the Law on Enterprises or the head or deputy head of an agency or organization”.
By that, the manager according to Clause 24, Article 3 of Enterprise Law: “Manager of an enterprise means the owner of a sole proprietorship, a general partner of a partnership, chairperson or member of the Member/Partner Assembly, President of a company, President or member of the Board of Directors, Director/General Director, or holder of another managerial position prescribed in the company’s charter”.
As the result, just the above titles can apply for Work permit for position of managers.
II. Dossiers for applying for work permits for managers who are not the legal representatives of companies
- An application form for insuance 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 before the submission date of the application or the certificate as specified in regulations of the Minister of Health.
- A police (clearance) certificate or a document certifying that the foreign worker is not serving a sentence, has a criminal record expunged or is not facing a criminal prosecution which is issued by a foreign or Vietnamese authority.
The foregoing police (clearance) certificate or document certifying that the foreign worker is not serving a sentence, has a criminal record expunged or is not facing a criminal prosecution must be issued within 6 months before the submission date of the application.
- Dossiers proving the applicants are managers
* Notes: In case the foreign worker has the working position as a manager with the titles specified in Clause 24, Article 4 of the Enterprise Law but is not the legal representative of the company, a document or certificate proving as a manager can be:
- a) The Charter (including in detail titles, power, and specific position of these titles in the company), enclosed the Appointment Decision in case that the Charter require these titles must be appointed;
- b) The Decision of Establishment Members Assembly or Board of Directors for these title Chairman of Members Assembly, members of Members Assembly, Chairman of Board of Directors, members of Board of Directors. In which, the Decision states clearly that mentioned titles belong to managers of company.
- 02 colorful card photos (size 4 cm x 6 cm).
- An acceptance of demand for foreign workers, unless it is not required.
- A valid certified true copy of passport as per the law.
II. Procedure for granting work permit
Step 1: Determination the demand for using foreign workers
At least 30 days before the expected date of employment of foreign workers, the employer (except contractor) shall determine the demand for foreign workers for every job position for which Vietnamese workers are underqualified and send a corresponding report to the Ministry of Labor, War Invalids and Social Affairs or the People’s Committee of province or central-affiliated city (hereinafter referred to as province) where the foreign workers are expected to work, using Form No. 01/PLI Appendix I with Decree 152/2020.
Step 2: Granting a work permit
- At least 15 working days before the day on which a foreign worker starts to work, the employer shall apply for work permit to the Ministry of Labor, War Invalids and Social Affairs or the Department of Labor, War Invalids and Social Affairs of the province where he/she is expected to work.
- Within 5 working days after receiving a duly completed application, the Ministry of Labor, War Invalids and Social Affairs or Department of Labor, War Invalids and Social Affairs of province where the foreign worker is expected to work shall issue a work permit to the foreign worker.
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