A Vietnam work permit is an official certification granted by the Ministry of Labor, War Invalids and Social Affairs (MoLISA). This permit enables foreign workers to work legally within Vietnam’s borders. However, the application process isn’t a solo journey for workers. Instead, it’s facilitated by their employers or designated service centers in Vietnam. Beyond its primary function, the Vietnam work permit is a key requirement for obtaining a temporary residence card or a working visa in Vietnam. This entire process is regulated by the Labor Code No. 45/2019/QH14 and the Decree No.152/2020/ND-CP.

Sample Vietnam Work Permit:

To initiate the process of obtaining a Vietnam work permit, it’s imperative for foreign individuals to be employed by a duly registered and acknowledged company or entity within Vietnam. This article delves into comprehensive insights regarding the intricacies of the Vietnam work permit.

Requirements for obtaining a Vietnam work permit

The attainment of a work permit in Vietnam necessitates adherence to the subsequent prerequisites:

• Age: Applicants must be at least 18 years old.
• Health: Prospective workers should be in sound health, meeting the specific health conditions demanded by the job role.
• Criminal Record: Foreign applicants must have a clean criminal record, free from any offenses related to national security. They should not be facing ongoing criminal prosecution or serving sentences in Vietnam or their home country.

Job-specific requirements for Vietnam work permits

Applicants must fulfill specific job-related conditions according to their designated roles:

For Foreign Experts:

• Possess a bachelor’s degree or higher, or its equivalent, along with a certificate demonstrating a minimum of 3 years of relevant work experience in the field corresponding to the intended job in Vietnam; or
• Hold a certificate indicating a minimum of 5 years of relevant work experience in the field corresponding to the intended job in Vietnam.

Technical Workers:

• Undergo training in technical or related fields for a minimum of 1 year and accumulate a work history of at least 3 years in the same field; or
• Possess a certificate showcasing at least 5 years of work experience in a position suitable for the prospective role in Vietnam.

Moreover, the applicant’s employing company must be engaged in a suitable line of business as indicated on their business registration certificate.

It is crucial that all documents issued by foreign countries undergo legalization.

Vietnam work permit exemption

Some foreigners are exempt from this requirement. Let’s explore further here.

When to apply for a Vietnam work permit?

In line with the regulations outlined in Decree No. 152/2020/ND-CP, employers are required to follow two specific procedures when employing foreign workers:

• Application for Employment Need Approval:
  • Employers need to request approval for the necessity to hire foreign workers.
  • This application should be submitted at least 30 days before the intended commencement date of the foreign worker.
• Application for Work Permit:
  • Once the approval for the employment need is granted, the employer must proceed to apply for a work permit.
  • This application for a work permit must be made at least 15 days before the foreign worker’s intended start date.

How to apply for a Vietnam work permit?

If you’re an employer and a foreign employee seeking a Vietnam work permit, here’s a streamlined breakdown of the procedures and essential documents required for a seamless application process:

Step 1: Apply for Approval of Demand on using foreign workers

Timeline:

Submit the application for demand approval at least 30 days prior to the foreign worker’s intended start date.

Required Documents:

Registration form for demand approval (Form No. 01/PLI or Form No. 02/PLI for changes)

Certified copy of business registration

Letter of attorney (if the submitter isn’t the company’s legal representative)

Submission Options:

Direct submission at the Ministry of Labor, War Invalids and Social Affairs or People’s Committee of the relevant province, or online via http://dvc.vieclamvietnam.gov.vn.

Processing Time:

15 working days (direct submission).

Step 2: Document preparation

• Application form for Vietnam work permit (Form No. 11/PLI)
• Original health check issued in Vietnam or legalized health check issued abroad with certified Vietnamese translation (within last 12 months)
• Original Vietnam Police Check or legalized police check issued abroad with certified Vietnamese translation (within last 6 months)
• Certified copy of valid passport
• Approval letter from Step 1
• 02 passport-sized photos (as per requirements)
• Legalized copies of documents proving eligibility for the applied position with certified Vietnamese translation

Step 3: Submit Vietnam work permit application

Submit the prepared documents to the Ministry of Labor, War Invalids and Social Affairs or the Department of Labor, Invalids and Social Affairs of the province where the foreigner will work, at least 15 days before their intended start date.

Step 4: Receive the result

After submitting full valid documents, the employer will receive the work permit (Form 12/PLI) within 05 working days. If the application is refused, clarifications will be provided.

Processing time and cost for Vietnam work permit

Processing time:

The entire work permit process takes 20 working days upon receiving all required documents. This duration includes:

• 15 days for approval of foreign employment demand
• 05 working days for work permit issuance

For optimal results, it’s advised to initiate the procedure at least 30-45 days before the anticipated work commencement.

Cost:

The cost of a Vietnam work permit varies based on the province or city where the application is submitted.

Vietnam work permit validity and extension

According to Decree No. 152/2020/ND-CP, a work permit is initially valid for 02 years. Subsequently, it can be extended once for an additional 02 years through the Vietnam work permit extension process. After the extended period, if continued employment is desired, a new work permit application is necessary.

Vietnam work permit termination

A work permit may be terminated under several circumstances, including:

• Expiry of the work permit
• Termination of the labor contract
• Inconsistency between the labor contract and the granted work permit
• Conclusion of contracts in specific sectors
• Announced termination by the foreign employer
• Withdrawal by an authorized state agency
• Termination of the company’s operation in Vietnam

Upon completing 2 years of work, if you intend to continue working in Vietnam, you can apply for a work permit extension. Should you choose to leave Vietnam or work in another country, the cancellation of your Work Permit is necessary. This involves returning the permit to your employer within 15 days of your employment ending, who then submits it, along with a notification letter, to the local Labor Department office.

Guidance and support for Vietnam work permits

Navigating the complexities of securing a work permit in Vietnam can be intricate without a firm grasp of local procedures and regulations. At MD Law Firm, our dedicated experts in Ho Chi Minh City and Danang City are here to streamline the process for you. With our Vietnam work permit service, we offer:

• Up-to-date information on the latest work permit regulations in Vietnam.
• Simplification of required documents for your work permit application.
• Step-by-step guidance on document preparation and acquisition.
• Thorough document legality and coherence checks.
• Full representation in interactions with the Vietnam Department of Labor, Invalids and Social Affairs.
• Regular updates on the progress of your work permit processing.
• Effective time management, allowing you to focus on other essential tasks.

Let us assist you in obtaining your Vietnam work permit, ensuring compliance and saving you valuable time.