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. |
