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Work permit

Vietnam’s demand for skillful workers will continue growing steadily in the wake of increasing foreign investment inflow. Except for some circumstances stipulated in Provision 7 of the Decree No. 11/2016/ND-CP, foreign nationals are required to be granted work permits before being employed. Therefore, when recruiting a foreign individual, or a foreign individual is seeking to work in Vietnam, there are certain processes that must be followed, and this article outlines what you need to know and do.

1. Eligibility
  • At least 18 years of age;
  • In good enough health to satisfy job requirements;
  • A manager, executive director or expert with technical skills and knowledge necessary for the job;
  • Not currently subject to criminal prosecution or any criminal sentence in Vietnam or overseas; or have a criminal record;
  • Be approved of employing foreign expatriates by the competent authority.
2. Dossiers
 
The entity for which an expatriate will work, not the expatriate himself, is responsible for applying for a work permit. The application for a work permit includes the following documents:

(i) Standard documents
  • A request to issue a work permit (made on a standard form);
  • A health certificate issued in a foreign country or in Vietnam, and issued no more than 12 months prior to the date the application is filed;
  • A judicial record issued by an authority (ie, a judicial or law enforcement agency) in the country in which the expatriate resides, showing whether he has a criminal record. If the expatriate is a resident of Vietnam, then only a judicial record issued in Vietnam is required.

A judicial record must have been issued within six months prior to the date of filing the application.

This provision needs further clarification as a foreign judicial record is still required in some circumstances. For example, consider that an expatriate has resided in Vietnam for two years, but then leaves Vietnam to live abroad for, say, one year, and then returns to Vietnam. In such case, a judicial record issued by the authority abroad is required as the Vietnamese authorities will not know whether he committed any crime before returning to Vietnam.
  • Documents to certify that the expatriate is a manager, executive director, expert, or technician.
In some occupations, certification of specialist and technical qualifications may be replaced by one of the following documents:
(a) Document issued by the authority of the foreign country recognizing that the expatriate is a craftsman in a traditional occupation or trade;
(b) Document proving the experience of a foreign soccer player;
(c) Pilot’s license for aviation transportation aircraft issued to the foreign pilot by the competent authority of Vietnam;
(d) Aircraft maintenance license issued to the expatriate working in aircraft maintenance by the competent authority of Vietnam. 
  • Letter of approval on employment of expatriate issued to the employer by the provincial People’s Committee;
  • Copy of a valid passport (or valid document in place of a passport); and
  • Two passport photos [4cm x 6cm] taken within six months prior to the filing date.
(ii) Specific documents relating to the expatriate’s work in Vietnam

Along with the standard documents listed above, depending on the category, the application must also include the following additional documents:
 
Category Documents
Recruitment by an entity in Vietnam No other documents are required
Intra-company transfer10 by a parent company to its subsidiary in Vietnam
  • Intra-company transfer decision; and
  • Document proving that the expatriate has been employed by the parent for at least 12 consecutive months immediately prior to coming to Vietnam to work
Performance of a contract in Vietnam Contract signed between the foreign entity and Vietnamese counterparty which contains a provision on the requirement for a foreigner.
Contractual Service Supplier · Service contract signed by the foreign entity (as a service provider) and Vietnamese counterparty (as a customer); and
· Document proving that the expatriate has already worked for the foreign entity (without a commercial presence in Vietnam) for at least two years (eg, employment contract, confirmation from foreign entity, decision on employment recruitment, or receipt of tax/insurance payments).
Service Salesperson Letter issued by foreign service provider (as an employer) to appoint the expatriate (as an employee) to Vietnam in order to negotiate the sale of services.
Work for a foreign NGO or international organization Copy of an operation permit of the foreign NGO or international organization permitted to operate under Vietnamese law.
Establishment of commercial presence of a foreign service provider in Vietnam Letter issued by the foreign service provider appointing the expatriate to Vietnam in order to establish the commercial presence of the foreign service provider.
Recruitment occurring after a foreign contractor has been awarded a contract
  • Contractor permit;
  • Job application.

Applications for work permits must be filed to the Department of Labor, War Invalids and Social Affairs (“DOLISA”) in the province where expatriates will work within 15 business days prior to the date they start their jobs officially. Work permit will be issued within 10 business days from the date of application and then must be delivered to the expatriates.
 
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