The current Labor Code 2019 has change in the regulations of work permit for foreign investors in Vietnam. Therefore, HT will summarize the regulations’ work permits for foreign investors according to the Labor Code 2019.
Contents
1. Determination of demand for foreign workers
At least 30 days before the date on which foreign workers are expected to be employed, the employer (except the 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 hereto appended.
After submitting the dossier successfully, the Department of Labor, War Invalids, and Social Affairs will issue an acceptance of the demand for foreign workers. Then, the employee will continue to perform Step 2 below.
The required documents:
1. Notarized copies of the passport of the Client
2. The form determination of demand for foreign workers
Estimated Schedule:
It will be done within 07 working days after submitting enough documents.
2. Confirming whether the investor is eligible for a Work Permit or not?
Case 1: Investors set up the company with a capital contribution value of at least 3 billion dong.
By Article 7 Decree 152/2020, the owner or capital contributor of a limited liability company with a capital contribution value of at least 3 billion dong; or the Chairperson or a member of the Board of Directors of a joint-stock company with a capital contribution value of at least 3 billion dong is exempt from a work permit.
The validity period of certification of exemption from a work permit is up to 2 years and coincides with the validity period of any case as prescribed in Article 10 Decree 152/2020. If a certification of exemption from work permit is re-issued, the corresponding validity period is up to 2 years. See detailed application for Work Permit Exemption here.
Case 2: Investors set up the company with a capital contribution value of under 3 billion dong.
By Article 7 Decree 152/2020, the owner or capital contributor of a limited liability company with a capital contribution value of at least 3 billion dong; or the Chairperson or a member of the Board of Directors of a joint-stock company with a capital contribution value of at least 3 billion dong is exempt from a work permit.
Therefore, the owner or capital contributor with a capital contribution value under 3 billion dong must apply for the work permit.
3. Dossier for issuance of a work permit
The required documents:
1. An original Health certificate
2. A letter of experience was issued by a foreign company oversea for at least 3 years (please make legalization in advance)
3. An original Criminal record
4. An original passport (will keep 01 day when HT apply a dossier in the labor department)
5. Notarized copies of passport
6. Notarized copies of ERC of the company where the foreigner is working
7. Color photos (4cm x 6cm size, white background, wear a shirt, front view, bare head, no color glasses), taken within 6 months before the submission date of application.
Estimated Schedule: It will be done within 05 working days after submitting enough documents.
In order to save time to learn the procedures, fill out the form, translate, notarize, and wait for the application to be submitted, you can contact HT for Work permit service.
Contact us
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- Email: hue.truong@htlaw.vn
- Phone number: +84 935 439 454.