Work permit
For foreign workers working in Vietnam, foreign individuals are considered illegal workers in Vietnam if he/she does not have Work Permit or written confirmation that they are not subject to Work Permit issuance. For enterprises using foreign workers, complying with regulations on work permit issuance or work permit exemption not only avoids risks from management agencies, but also is the basis to determine costs related to foreign workers (salaries, bonuses, allowances, etc) which are deductible when determining the tax obligations of the enterprise.
Cases requiring Work Permit
The enterprise determines whether the foreign individual expecting to work at his/her enterprise must have a Work Permit. Specifically, the following cases require Work Permit:
- Performing the labor contracts;
- Moving in the internal enterprise;
- Performing contracts or agreements on business, commerce, finance, banking, insurance, science and technology, culture, sports, education, professional education, and health;
- Services provider under contracts;
- Offering services;
- Working for foreign non-governmental organizations or international organizations in Vietnam that have been granted with operating licenses in accordance with the law of Vietnam;
- Working as manager, chief executive offices, experts, technicians;
- Participating in the performance of bid packages and projects in Vietnam
For the employer, within the scope related to business activities in Vietnam, the following organizations are regarded as having the right to guarantee foreign individial to work in Vietnam: Enterprise; Bidders participating in bids and performing contracts; representative office, branch; non-governmental organization; the executive office of the foreign investor in the business cooperation contract or of the foreign contractor registered to operate in accordance with the law, etc.
Procedures for issuing Work Permit for foreign workers
| Process | Detailled description |
| Step 1 | Applying for the Official Dispatch of Approval in employing foreign workers
In fact, it is the result of “Applying for Approval of the Demand for Using the foreign woker”. Accordingly, after choosing a suitable candidate, the enterprise submits dossiers registering the demand for recruiting foreign worker. This dossier shall be submitted at least 15 days before the date on which a foreigner expects to start working in Vietnam. Within 10 working days from the date of submission of the dossier which explains the demand for using the worker, the enterprise will receive the Official Dispatch of Approval. In case of the refusal, the competent authority will give a written reply specifying the reason for the refusal. |
| Step 2 | Submitting dossier to apply for Work Permit and getting result
After receiving the Official Dispatch of Approval at Step 1, the enterprise shall prepare a dossier to submit to the Ministry of Labor, War Invalids and Social Affairs or the Department of Labor, War Invalids and Social Affairs where foreign worker expects to work. The dossier shall be submitted at least 15 days before the date on which foreign worker expects to work. Within 05 working days from the date of receiving a complete dossier, the competent state authority shall return the result of the dossier. If the dossier is approved, the enterprise shall receive the Work Permit. On the contrary, in case of the refusal, the competent authority will give a written reply with the specific reason. Based on the rejected reason, the enterprise shall choose a plan to adjust and supplement the dossier in accordance with the regulation. |
LIST OF DOCUMENTS
At Step 1, you shall submit the following documents:
- A certified copy of Enterprise Registration Certificate;
- Official Dispatch explaining the Demand for Using the Foreign Worker;
- Written introduction or the Power of Authorization for the applicant (if the applicant is not the legal representative).
At Step 2, you shall submit the following documents:
- A written application for a Work Permit;
- A Health Certificate or Medical Examination Certificate which is issued by the foreign or Vietnamese competent medical agency and organization is valid for a period of 12 months, from the date of signing health conclusion to the date of submitting the dossier or certificate of sufficient health as prescribed by the Minister of Health;
- A Certificate of Criminal Record or document which certifies that foreign worker is not a person who is serving a sentence, or the criminal record has not been expunged or being examined for penal liability issued by foreign country or by Vietnam and shall not exceed 06 months from the date of issuance to the date of submitting the dossier;
- Documents and papers proving that he/she is a manager, chief executive officer, expert, technical worker and some specific occupations and jobs;
- Color card photos (size 4cm x 6cm, white background, straight face, bare head, no colored glasses), taken within 06 months to the date of submitting the dossier;
- An Official Dispatch of Approval of the Demand for Using the Foreign Worker, unless it is necessary to determine the demand for using the foreign worker;
- Certified copy of passport or copy of passport with confirmation from the employer is still valid as prescribed by law;
- Other documents in correspondence with each purpose for which the worker works in Vietnam (Appointment decisions, Charter of parent company, Labor contract, Service contract, etc).
COMMITMENT TO SERVICES
On time
All that we do will be planned specifically in terms of time and content. You can control what we do, and the time to completion, and in all cases, we help you maintain the enterprise’s compliance with the deadlines with competent authorities and employees.
Exactly
We commit to the accuracy of the contents of consultation, established documents, and services we provide to customers. We aim to provide you with a safe and effective legal solution for your business operations.
Security
We establish a confidentiality commitment with you, so information about the enterprise, human resources, finance, etc., and other contents related to enterprises and investors will only be disclosed with your consent or in accordance with the laws of Vietnam.
SERVICE PERFORMANCE PROCESS
Assign
CDLAF assigns designated personnel responsible for ensuring information security, ensuring that only assigned individuals have the right to access information and handle client communication.
Collect information and prepare the service contents
Assigned personnel are responsible for collecting clients information, reviewing regulations and preparing service content.
Control the quality
The Board of Lawyers and Counsels reviews the service content prepared by the assigned personnel before it is sent to clients for their review.
Clients’ approval
Clients review and approve the service content prepared by CDLAF. When requested, meetings are held to explain the prepared content.
Completion
Personnel responsible for service completion directly implement it at the competent authority (if required). They also monitor the progress, report the results, and hand them over to clients.
After-service support
Guide clients to perform necessary tasks related to the delivered results and provide updates on changes in legal regulations.
REASONS FOR CHOOSING CDLAF’S SERVICES
- We provide you with effective and comprehensive legal solutions, help you save your money, maintain compliance in the enterprise, and simplify all legal issues when doing business in Vietnam;
- As a law firm established in Vietnam, we have close relationships and knowledge of working methods, and policies of competent authorities, which facilitates you when operating in Vietnam;
- CDLAF Lawyers have held many important positions in law firms, banks, financial enterprises, foreign enterprises. Therefore, our lawyers provide students with the legal regulations as well as the actual solutions and opinions of competent authorities, see more about human resources.
- The system of forms about enterprise, labor, tax, etc. available and constantly updated will be provided as soon as customers request.
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