WORK PERMIT FOR FOREIGNERS WORKING IN VIETNAM
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1. WHAT IS A WORK PERMIT?
A Work Permit is a document issued by a competent state agency in Vietnam to foreign workers, allowing them to work legally in Vietnam for a certain period of time. This is a prerequisite for foreigners to be able to sign a labor contract and work stably and legally in Vietnam.
2. DURATION OF WORK PERMIT?
New issuance period: Work permits are issued for a maximum period of 02 years.
Renewal period: Work permit can only be renewed once for a maximum period of 02 years.
In total, a foreign worker can work continuously in Vietnam on the same permit (new and renewed) for a maximum of 4 years. After this period, if the enterprise wants to continue working, it must re-issue or renew another work permit.
3. WHY DO FOREIGNERS WORKING IN VIETNAM NEED A WORK PERMIT?
Foreigners need to apply for a work permit in Vietnam for the following main reasons:
a) Mandatory legal requirements
According to Vietnamese law, foreign workers working in Vietnam (except in exempted cases) must have a work permit. If they do not have one, they will be considered working illegally.
b) Avoid administrative penalties
Foreign workers working without permission may be deported from Vietnam.
Businesses employing foreign workers without a license can be fined heavily, affecting their reputation and business operations.
c) Work permit is the basis for applying for Visa and temporary residence card
A work permit is a necessary condition for foreign workers to apply for a Visa and long-term temporary residence card, thereby being able to live and work stably in Vietnam.
d) Protect the rights of workers and businesses
Work permits help ensure the legal rights of employees (salary, benefits, contracts, etc.), and help businesses feel secure when employing foreign workers.
4. WHAT WORK WILL THUY NGOC LAWYER DO WHEN APPLYING FOR A WORK PERMIT?
At each step of the work, Thuy Ngoc Law will perform the following tasks:
- Advise customers to prepare necessary information and documents.
- Draft documents based on information provided by customers.
- Send documents to customers for review
- Complete the application and send it to the customer for signature.
- Submit application to competent authorities on behalf of clients
- Get results from the competent authority.
5. SERVICE FEES AND PROCESSING TIME TO APPLY FOR WORK PERMIT OF THUY NGOC LAW FIRM LTD?
You can refer to the service fee schedule as follows:
|
No |
Services |
Completion time (working day) |
Fee/person/ VND |
|
1 |
Carry out procedures for applying for a work permit |
10 - 15 |
15.000.000 |
|
2 |
Carry out procedures to apply for a work visa |
05 - 10 |
8.000.000 |
|
3 |
Carry out procedures to apply for a temporary residence card |
05 - 10 |
12.000.000 |
This service fee schedule is for reference only. Please contact us for a detailed quote.
Address, email and contact phone number (See details)
6. WHAT IS THE PROCESS OF PROVIDING WORK PERMIT SERVICES AT THUY NGOC LAW FIRM?
Step 1: Lawyers advise and answer clients on cases related to foreigners working in Vietnam
Customers contact us online or in person to receive guidance on documents and prepare documents with the simplest procedures for each case of applying for a work permit.
Step 2: Prepare application for work permit for foreigners and send it to us
Our lawyers and experts will guide foreigners and employers in detail to prepare all necessary documents according to current regulations. At the same time, we will prepare a complete set of documents for work permit application and send it to the enterprise for signature and stamping according to regulations.
After customers have fully prepared, send them to us directly or via express delivery.
Step 3: Submit application and explanation to labor management agency
After receiving the complete application, we will submit the application under the authorization of the enterprise to the Labor Management Agency.
In case of need to explain related issues, our lawyers or experts will carry out the necessary explanation procedures regarding the enterprise's use of foreign workers.
Step 4: Get a work permit
Customers receive work permit results and pay the remaining service fee. In this step, we will issue customers an invoice according to regulations.
Customers can receive results directly at our office or we will deliver them to their home.
7. WHICH FOREIGNERS MUST APPLY FOR A WORK PERMIT IN VIETNAM?
Except for exempted cases, foreign workers entering Vietnam to work in one of the following forms must apply for a work permit. Basically, the subjects that must apply for a Work Permit include:
a) Performance of labor contracts;
b) Internal transfer within the enterprise;
c) Implement economic and social contracts or agreements;
d) Contractual service provider;
d) Offering services;
e) Volunteers;
g) Person responsible for establishing a commercial presence;
h) Being transferred from an agency, organization or enterprise abroad to work in Vietnam, except in cases of internal transfer within the enterprise;
i) Participate in implementing bidding packages and projects in Vietnam;
k) Relatives of members of foreign representative agencies in Vietnam are allowed to work in Vietnam according to the provisions of international treaties to which the Socialist Republic of Vietnam is a member;
l) Chairman of the Board of Directors, member of the Board of Directors of a joint stock company, owner, member of a limited liability company with a capital contribution value of less than 3 billion VND;
m) Implement labor contracts with foreign diplomatic missions and foreign organizations in Vietnam.
8. JOB POSITIONS OF FOREIGN WORKERS WORKING IN VIETNAM
According to the provisions of Vietnamese Labor Law, foreign workers are only allowed to work in Vietnam when taking on certain job positions, suitable to their expertise, experience and labor needs of the enterprise, including:
a) Manager
A manager is a person who manages an enterprise according to the provisions of Vietnamese law or is the head or deputy head of an agency or organization according to the provisions of law.
b) Executive Director
Belong to one of the following cases
Head of branch, representative office or business location of the enterprise;
The person who heads and directly manages a field of an agency, organization, or enterprise and has at least 3 years of experience in the field relevant to the job position that the foreign worker is expected to work in Vietnam.
c) Experts
Belong to one of the following cases:
Have a university degree or equivalent and at least 2 years of work experience suitable for the job position that the foreign worker is expected to work in Vietnam;
Have a university degree or higher in the major they are trained in and have at least 1 year of experience suitable for the job position that the foreign worker is expected to work in Vietnam for experts working in the fields of finance, science, technology, innovation, national digital transformation or priority fields for socio-economic development as determined by ministries, ministerial-level agencies, provincial People's Committees or according to cooperation agreements of the Government of Vietnam.
d) Technical workers
Belong to one of the following cases:
Have been trained for at least 1 year and have at least 2 years of experience suitable for the job position that the foreign worker is expected to work in Vietnam;
Have at least 3 years of work experience relevant to the job position that the foreign worker is expected to work in Vietnam.
9. WHAT ARE THE CONDITIONS FOR FOREIGNERS TO BE GRANTED A WORK PERMIT IN VIETNAM?
In order to be considered and granted a Work Permit by the competent authority of Vietnam, foreigners must fully meet the following conditions:
a) Have full civil act capacity
18 years or older.
Have full civil act capacity according to the provisions of law.
b) Have appropriate professional qualifications and experience
Foreigners with degrees, professional certificates, and work experience appropriate to the job position expected to work in Vietnam.
c) Good health
Have good health suitable for job requirements (Proven by a Health Certificate issued by a competent health authority).
d) No criminal record
Not being a person who is serving a sentence, has not had his/her criminal record cleared or is being prosecuted for criminal liability according to the provisions of Vietnamese law and foreign law (Proven by a Judicial Record).
e) Having a business/organization in Vietnam as a sponsor
Foreigners are only granted a Work Permit when a business, organization or investor in Vietnam sponsors and submits an application for a permit.
g) Not in cases of being banned from entering or working in Vietnam
For example, for security, defense or previous violations of the law.
Thus, to be granted a Work Permit, foreigners not only need professional qualifications and good health but also need to have a legal employer/organization in Vietnam to sponsor them. This is an important basis to help foreign workers work in Vietnam legally and sustainably.
10. WHAT DOCUMENTS DO I NEED TO PREPARE TO APPLY FOR A WORK PERMIT?
When applying for a Work Permit for a foreigner, the business and the employee must prepare all the required documents according to Vietnamese law. The required documents usually include:
a) Health certificate
Issued by a qualified medical facility in Vietnam within 12 months from the date of application submission.
b) Criminal record
Issued in Vietnam (if residing) or abroad.
Deadline within 06 months from the date of application submission.
c) Degree, professional certificate or certificate of experience
College degree, vocational certificate, or work experience certificate.
d) Labor contract or appointment document
Signed by Vietnamese enterprise or assignment document (in case of internal transfer within the enterprise).
g) Portrait
02 color photos (size 4 cm x 6 cm, white background, face looking straight, bare head, no glasses).
h) Other relevant documents (if any)
Investment registration certificate, business registration certificate of the guaranteeing enterprise.
Document approving the need to use foreign labor issued by a state agency.
Note: Documents issued by foreign countries (such as degrees, criminal records, health certificates) usually must be consular legalized and notarized translated into Vietnamese before submission.
11. WHY DO YOU CHOOSE THE WORK PERMIT SERVICE OF THUY NGOC LAW FIRM?
a) In-depth legal expertise, ensuring compliance with the law
With deep understanding of the law and practical experience, Thuy Ngoc Law believes in helping clients resolve all legal problems in the most optimal way.
The team of lawyers at Thuy Ngoc has many years of experience in the fields of investment consulting, immigration, residence, and labor.
Understand the Vietnamese legal system, ensure license application documents are prepared in accordance with regulations, avoiding legal risks.
b) Dedicated consulting, solutions suitable for each case
Each profile is consulted and processed separately, suitable to the needs of each investor and customer.
Support from company establishment, work permit application, visa application, temporary residence card, long-term legal advice.
c) Fast, transparent and clear processing
Thuy Ngoc Law adheres to the principles of honesty, transparency and ethics in all legal activities.
Clear working process, with full contract, quotation and invoice.
Committed to progress and results, always update the status of the application for customers.
d) One-stop service, saving time and costs
Services include:
- Legal advice;
- Prepare documents,
- Translation, notarization;
- Consular legalization;
- Submit and receive results
- Customers do not have to travel a lot or handle complicated procedures themselves.
e) Diverse legal services
In addition to services related to work permits and residence (such as temporary residence cards), Thuy Ngoc Law also provides many other legal services such as legal advice, contract advice, establishment of representative offices of foreign companies, investment procedures, company establishment, tax accounting, intellectual property, settlement of civil, criminal, real estate disputes, etc. This shows that they have extensive knowledge and experience in many areas of law.
g) Put customer interests first
Thuy Ngoc Law Firm always puts the interests of clients first, dedicated and thoughtful in all legal advice and support.
c) Diverse legal services
In addition to services related to work permits and residence (such as temporary residence cards), Thuy Ngoc Law also provides many other legal services such as legal advice, contract advice, establishment of representative offices of foreign companies, investment procedures, company establishment, tax accounting, intellectual property, settlement of civil, criminal, real estate disputes, etc. This shows that they have extensive knowledge and experience in many areas of law.
h) Commitment to long-term legal support
Not only applying for work permits, visas, and temporary residence cards once, Thuy Ngoc Law aims to accompany customers long-term.
Support consulting on corporate legal issues, tax, accounting, contracts, labor, dispute resolution...
12. ANSWERS TO SOME QUESTIONS RELATED TO WORK PERMIT SERVICES IN VIETNAM
Question 1: How long is the Work Permit valid for?
Answer
The maximum term is 02 years and can be extended 01 more time, not exceeding 02 years.
Question 2: What factors does the duration of a Work Permit depend on?
Answer
The term for issuing a new Work Permit (GPLĐ) for foreigners in Vietnam is determined based on many factors, but must not exceed 02 years:
The term of the Labor Contract expected to be signed between the foreign employee and the employer in Vietnam.
Duration of the document of the foreign side sending foreign workers to work in Vietnam.
Term of contract or agreement signed between Vietnamese and foreign partners (for example, trade contract, service contract, or cooperation agreement).
Term of contract or service provision agreement signed between Vietnamese and foreign partners.
The validity period of the Business License of an enterprise, organization or document of a competent authority on the establishment or permission to operate of that enterprise, agency or organization.
Question 3: Do foreign workers who are not required to apply for a Work Permit need to follow any procedures?
Answer
Foreign workers who are not required to apply for a Work Permit must complete the procedure to confirm that they are not required to apply for a Work Permit.
However, in some cases, it is not necessary to carry out procedures to confirm that foreign workers are not subject to work permits, but they still have to report to the competent authority the following information: Full name, age, nationality, passport number, name of foreign employer, start date and end date of work.
Question 4: How long does it take to get a Work Permit?
Answer
Average time is 15 - 20 working days if the application is valid.
Question 5: What is the penalty for businesses employing foreign workers without a work permit?
Answer
Can be fined from 30 million to 75 million VND depending on the level of violation, and forced termination of labor contract.
Question 6: How will foreign workers without a Work Permit be handled?
Answer
May be subject to administrative penalties and deportation from Vietnam.
Question 7: Do owners and members of a limited liability company with a capital contribution value of over 3 billion VND need to apply for a work permit?
Answer
Not.
Owners and members of a limited liability company with a capital contribution value of over 3 billion VND do not have to apply for a license, but instead only have to report to the competent Vietnamese authority.
Question 8: Are owners and members of a limited liability company with a capital contribution value of less than 3 billion VND required to apply for a work permit?
Answer
Yes
Owners and members of a limited liability company with a capital contribution value of less than 3 billion VND are required to apply for a work permit.
Question 9: What support can Thuy Ngoc Law Firm provide when applying for a Work Permit?
Answer
Consulting on conditions, preparing documents, translating, legalizing, submitting documents, monitoring progress and receiving results on behalf of customers.
Question 10: Do foreigners working short-term (less than 03 months) need a Work Permit?
Answer
No need, but must notify foreign workers to the Department of Labor, War Invalids and Social Affairs.
Question 11: Can work permits be transferred between businesses?
Answer
Not.
When changing companies, employees need to apply for a new Work Permit.
Question 12: What should I do if my Work Permit is lost?
Answer
Employees or businesses need to notify and apply for re-issuance of Work Permit.
Question 13: Cases of re-issuance of work permit?
Answer
1. A valid work permit is lost or damaged and cannot be used.
2. Change one of the contents stated in the valid work permit: full name; nationality; passport number; change the name of the employer without changing the employer's identification number.
Question 14: Is it necessary to consularize foreign documents?
Answer
Yes. Diplomas, certificates and documents issued abroad must be consular legalized and notarized into Vietnamese.
Question 15: Why should you use the Work Permit application service of Thuy Ngoc Law Firm?
Answer
Because Thuy Ngoc has a team of experienced lawyers, knowledgeable about the law, quick procedures, transparent costs and full support from A to Z.
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