Vietnam is increasingly becoming an attractive destination for foreign workers. With the continuous growth of multinational companies and international cooperation projects, the demand for work permits for foreigners in Vietnam is rising. However, the process of obtaining a work permit can be challenging due to legal requirements and complex procedures.
In this article, Luat Duong Gia will provide a detailed step-by-step guide to help foreign workers obtain their work permits easily and quickly. If you need legal support, our experienced team of lawyers is always ready to assist and provide optimal solutions for each specific case.
DUONG GIA LAW FIRM – DA NANG BRANCH
Address: 141 Diep Minh Chau, Hoa Xuan Ward, Cam Le District, Da Nang City
Phone: 0931548999; 02367300899
1. Individuals Eligible for a Work Permit
To enhance the quality of the labor force and create job opportunities for domestic workers, the Vietnamese government currently issues work permits to foreign nationals in one of the following four categories:
1.1. Experts
A foreign worker is considered an expert if they meet one of the following criteria:
- Hold a university degree or higher (or equivalent) and have at least 3 years of relevant work experience. The degree and experience must be suitable for the intended position in Vietnam.
- Have at least 5 years of work experience and a professional certification that is relevant to the intended position in Vietnam.
1.2. Managers
A manager is defined as a business manager under the law or as a head or deputy head of an agency or organization.
This includes owners of private enterprises; general partners; chairpersons of the members’ council; members of the members’ council; company chairpersons; chairpersons of the board of directors; members of the board of directors; directors or general directors, and individuals holding other management positions as stipulated in the company’s charter.
1.3. Executive Directors
An executive director is the head of a unit and directly manages a subordinate unit within an agency, organization, or enterprise. For example, the head of a business location.
1.4. Technical Workers
A foreign worker is considered a technical worker if they meet one of the following criteria:
- Trained in a technical field or another specialty for at least 1 year and have worked for at least 3 years in the trained field.
- Have at least 5 years of work experience that matches the job position intended in Vietnam.
2. Conditions for Issuing Work Permits in Vietnam
According to Article 151 of the Labor Code 2019, foreign workers in Vietnam must meet the following conditions to be eligible for a work permit:
“Article 151: Conditions for Foreign Workers Working in Vietnam
1. Foreign workers in Vietnam are those who hold foreign nationality and must meet the following conditions to be granted a work permit:
a) Be 18 years of age or older and possess full legal capacity;
b) Have qualifications, technical skills, and work experience; be in good health as prescribed by the Minister of Health;
c) Not be serving a sentence, have not yet had their criminal record expunged, or are not under criminal investigation in accordance with the laws of the foreign country or Vietnam;
d) Possess a work permit issued by a competent authority of Vietnam, except in cases where other regulations apply.”
3. Procedures for Applying for a Work Permit for Foreign Nationals
Step 1: Obtain a Criminal Record Certificate
The criminal record certificate must be issued no more than 180 days before the date of submission and must be one of the following:
- Criminal Record from the Foreign Country: Issued by the foreign authority (e.g., the government of the applicant’s home country) and must be legalized and accompanied by a certified translation.
- Criminal Record from Vietnam: Issued by the Department of Justice in the province/city where the foreign worker resides.
Step 2: Medical Examination
Foreign nationals can undergo a medical examination in their home country. In this case, the medical certificate must be legalized and accompanied by a certified translation.
Foreign nationals residing in Vietnam can undergo a medical examination at Vietnamese medical facilities.
The medical certificate is valid for 12 months from the date of issuance.
Step 3: Prepare the Work Permit Application Dossier
In addition to the criminal record certificate and medical certificate, foreign nationals working in Vietnam need to prepare the following documents:
- An application letter requesting the issuance of a work permit for the foreign national;
- A medical certificate issued by a competent medical authority in either the foreign country or Vietnam, valid for 12 months from the date of the health conclusion to the date of submission, or a certificate of sufficient health according to regulations from the Minister of Health;
- Documents, degrees, or certificates verifying work experience abroad that have been legalized;
- A criminal record certificate issued in Vietnam or a foreign country, no more than 6 months old, confirming that the worker is not serving a sentence, has no unexpunged criminal record, and is not under criminal investigation;
- Two color photos (size 4cm x 6cm, white background, front-facing, bareheaded, and without tinted glasses), taken within 6 months of submission;
- Passport or an equivalent document;
- Any relevant documents related to the foreign national’s employment;
- A dossier requesting the issuance of a work permit in certain special cases.
- Legalization and Certification of Documents: The above documents must be original or certified copies. If the documents are issued abroad, they must be legalized unless exempted by international treaties to which Vietnam and the foreign country are both parties or by the principle of reciprocity. All documents must be translated into Vietnamese and certified according to Vietnamese law.
Step 4: Report on the Demand for Hiring Foreign Workers
The company employing the foreign national must submit a report justifying the need for hiring foreign workers. This report includes:
- A justification letter explaining the need for foreign labor;
- Legal documents of the company where the foreign worker will be employed.
The company must submit the report to the Department of Labor, Invalids, and Social Affairs (DOLISA) in the province/city where the company is headquartered, at least 30 days before the foreign worker’s anticipated start date. Within 10 working days of submitting the complete and valid dossier, DOLISA will issue an approval letter for the use of foreign labor.
Step 5: Apply for the Work Permit
Once the dossier is fully prepared as mentioned above, the application for a work permit for the foreign national should be submitted to DOLISA in the province/city where the foreign worker resides at least 15 days before the worker is scheduled to start working in Vietnam. Within 5 working days of submitting a complete and valid dossier, DOLISA will issue a work permit for the foreign national.
Step 6: Post-Issuance Procedures After Receiving the Work Permit
After the foreign national has been granted a work permit in Vietnam, the company must complete the following procedures:
- Sign an employment contract;
- Apply for a temporary residence card based on the duration of the work permit for the foreign worker;
- Enroll the foreign workers in health and social insurance programs;
- Submit reports on the use of foreign laborers every 6 months (by July 5th) and annually (by January 5th of the following year).
4. Challenges of Self-Applying for a Work Permit for Foreign Nationals
Complex Procedures: The process of applying for a work permit requires numerous documents and paperwork, including translation, notarization, and consular legalization of documents from the foreign country into Vietnamese. This often poses challenges for individuals unfamiliar with Vietnamese legal regulations.
Changing Legal Requirements: The regulations regarding work permits in Vietnam can change frequently, making it difficult for applicants to keep track of and update the latest information.
Time and Language Barriers: Foreign nationals may face difficulties in communicating and handling paperwork with Vietnamese authorities due to language barriers and differences in the processing times between the two countries.
Requirements for Experience and Professional Qualifications: To be granted a work permit, foreign nationals must meet Vietnam’s requirements regarding experience and professional qualifications. This can be an obstacle if the worker lacks the necessary documents or is unclear about the specific requirements.
Lengthy Processing Times: The process of applying for a work permit can be time-consuming, especially if there are errors or missing documents in the application. This can delay the worker’s and the company’s plans.
Risk of Application Rejection: If the application is not fully prepared or does not meet legal requirements, the work permit may be denied. This could result in starting the process over again, costing additional time and effort.
5. Work Permit Application Services for Foreign Nationals in DaNang
Customers can opt for support services related to reporting the need for foreign labor and applying for a work permit for foreign nationals working in Vietnam at Luat Duong Gia. With a team of highly qualified lawyers and experts with extensive experience in administrative procedures, we can assist clients in the following ways:
– Provide legal advice and guide clients in preparing the necessary documents and reports on the need for foreign labor, as well as applying for work permits for foreign nationals in Vietnam;
– Draft all related documents and paperwork;
– Act as an authorized representative to submit the application, ensuring the complete and compliant submission of documents, and avoiding the risk of rejection;
– Work directly with relevant state authorities, resolving any issues in accordance with legal regulations during the application process;
– Receive the results and deliver them to the client.
The all-inclusive service fee at Luat Duong Gia is 8,000,000 VND per case.
This includes:
+ Job posting fee at the Employment Center: 1,000,000 VND
+ The fee for processing the report on the need for foreign labor: 2,000,000 VND
+ The fee for processing the work permit application for foreign workers: 5,000,000 VND
(The above fees include state fees and service charges).
6. Benefits of Applying for a Work Permit for Foreign Nationals through Luat Duong Gia
Applying for a work permit for foreign nationals through the services of Luat Duong Gia brings significant benefits to both businesses and employees. With a team of experienced lawyers who are deeply knowledgeable about Vietnam’s legal regulations, Luat Duong Gia helps minimize the difficulties and complexities of the application process, such as:
- Efficient processing: With experience in working with state agencies, Luat Duong Gia speeds up the document processing time, ensuring that the work permit is issued on time.
- Time and effort savings: Clients do not need to personally visit government offices or spend time researching procedures, allowing them to focus on their core work.
- Translation and notarization support: Luat Duong Gia offers translation, notarization, and consular legalization services for foreign documents, ensuring compliance with Vietnamese regulations.
- Flexible solutions: We provide tailored solutions for each specific case, meeting the diverse needs of both foreign workers and businesses.
- Continuous legal advice: Clients receive legal support throughout the entire process, from submitting the application to receiving the permit, and we also address any related questions after the permit is issued.
The above is Luat Duong Gia’s consultation on applying for a work permit for foreign nationals. We are honored to provide this information for your reference.
Luat Duong Gia is proud to be one of the best and leading providers of legal consulting services in Vietnam today. With our mission to “Lead – Pioneer,” we are committed to delivering the best services at the most reasonable cost to our clients.
For any feedback or inquiries, please contact us at:
