Part 2. Sequence of steps of applying for a Work Permit

Following the series of analytical articles about Work Permit, in Part 1 CDLAF has shared some conditions in which foreign worker and enterprise shall meet in the process of applying for a Work Permit. With the information we have shared, we believe that each enterprise is able to self-assess the ability of the foreign worker who expects to work at the enterprise and whether he/she is eligible for a Work Permit or not.

In Part 2, we want to provide enterprise and worker the procedure as well as documents which shall be prepared to get a Work Permit for the purpose of working in Vietnam. The procedure to apply for the Work Permit is summarized by the 02 following steps:

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 worker”. Accordingly, after choosing a suitable candidate, the enterprise submits dossiers registering the demand for recruiting foreign worker. This dossier shall be submitted at least 30 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 of 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 5 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.

What are documents in dossiers applied for a Work Permit?

At Step 1, you shall submit some documents as follows:

–   A certified copy of Business Registration Certificate.

–   Official Dispatch explaining the Demand of Using the Foreign Worker.

–  Written introduction or the Authorization Letter for the applicant (if the applicant is not the legal representative)

At Step 2, you shall submit some documents as follows:

–  A written application for a Work Permit;

–  A Health Certificate or Medical Examination Certificate which is granted by the competent medical foreign or Vietnamese 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 6 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;

–  2 coloring card photos (size 4cm x 6cm, white background, straight face, bare head, no colored glasses) taken within 6 months to the date of submitting the dossier;

–  An Official Dispatch of Approval of the Demand of the Using the Foreign Worker, except for cases it is not necessary to determine the demand of using the foreign worker;

–  Certified copy of valid passport and visa as prescribed by law;

–  Other documents in correspondence with each form in which the worker works in Vietnam (Appointment decisions, Charter of parent company, Labor contract, Service contract…).

After receiving the Work Permit, what should the enterprise do?

Drawing up labor contract, performing the procedures of social insurance registration, and health insurance registration for foreign worker are some first works that the enterprise shall perform. The next work that enterprise shall do is performing some essential procedures so that worker gets temporary residence card. The temporary residence card will be valid for the duration of the Work Permit. Nowadays, Work Permit is valid for 2 years then the temporary residence card is valid for the same period of time.

Enterprises shall note that, in order to ensure that there are no risks arising in the process worker working in Vietnam, the enterprise – as a guarantor – shall have a plan to manage the foreign worker closely. In fact, many enterprises are confused when the worker stops working in the middle and all communication with the worker is cut off, while the enterprise is still the party that is a guarantor and the Work Permit is still valid.

Time of writing: 09/03/2023

The article contains general information that is of reference value. If you want to receive legal opinions on issues you need clarification on, please get in touch with our Lawyer at: info@cdlaf.vn