Vietnamworkpermit.vn professional consulting services for obtaining new Vietnam Work Permits for foreign nationals, regardless of nationality or job position. Our services are available to individuals working for enterprises and organizations with a commercial presence (Operating License) in all provinces and cities across Vietnam.
Vietnamworkpermit.vn provides consultation and support services for the procedures of applying for a new Vietnam Work Permit for foreign nationals of all nationalities, in all job positions, working for enterprises and organizations with a commercial presence (valid business license) in any province or city across Vietnam.
In this section, Vietnamworkpermit.vn would like to provide employers (enterprises and organizations) and foreign workers with the latest updated information in accordance with current regulations on new work permit applications for foreign nationals in Vietnam, including the following topics:
1. Legal Basis for Issuing Vietnam Work Permits
2. Cases Eligible for a Vietnam Work Permit
Foreign nationals entering Vietnam for employment (hereinafter referred to as “foreign employees”) are required and eligible to obtain a Vietnam Work Permit under the following circumstances:
3. Why It Is Necessary to Obtain a Vietnam Work Permit
Failure to obtain a Vietnam Work Permit or a written confirmation of exemption from the requirement to obtain a work permit during employment may result in severe penalties for both the foreign worker and the enterprise or organization employing them, as stipulated in Clause 4, Article 32 and Clause 1, Article 6 of Decree No. 12/2022/ND-CP.
A foreign worker who works in Vietnam without a valid work permit or a written confirmation of exemption may be fined from VND 15,000,000 to VND 25,000,000 or even be deported under the provisions of the 2019 Labor Code; and
An employer who hires a foreign worker without a valid work permit, or without a confirmation of exemption, or continues to employ a foreign worker whose work permit or confirmation has expired, may be subject to the following fines:
- From VND 30,000,000 to VND 45,000,000 for violations involving 01 to 10 employees;
- From VND 45,000,000 to VND 60,000,000 for violations involving 11 to 20 employees;
- From VND 60,000,000 to VND 75,000,000 for violations involving 21 or more employees.
Depending on the severity of the violation, employers may be fined up to VND 75,000,000 for individuals and up to VND 150,000,000 for organizations.
4. Competent Authorities for Issuing Vietnam Work Permits
5. Required Documents for Applying for a Vietnam Work Permit
To properly prepare for a Vietnam work permit application, enterprises, organizations, and foreign employees must provide a complete set of documents as prescribed below:
5.1. A written request from the employer explaining the need to hire foreign workers and requesting the issuance of a work permit.
5.2. A valid health certificate issued by a qualified medical facility, except in cases where the health check result is already connected and shared on the Medical Examination and Treatment Management Information System or the national healthcare database. Health certificates issued by competent foreign medical authorities may be used if Vietnam and the issuing country or territory have a treaty or agreement on mutual recognition, and the certificate’s validity does not exceed 12 months from the date of issuance.
5.3. A valid passport.
5.4. A criminal record certificate or a document confirming that the foreign worker is not currently serving a criminal sentence, has no unexpunged criminal record, and is not under criminal investigation, issued by the foreign country or Vietnam within no more than six (06) months before the application date, except in cases where the procedures for issuing a criminal record certificate and a work permit are handled through an integrated process.
5.5. Two (02) color photos (size 4 cm x 6 cm, white background, front view, bareheaded, without glasses).
5.6. Documents proving the form of employment of the foreign worker, being one of the following:
a) A document from the foreign employer assigning the foreign worker to work temporarily at a commercial presence in Vietnam and confirming that the worker has been employed by the foreign employer for at least 12 consecutive months prior to entering Vietnam, applicable to cases of intra-corporate transferees.
b) A document from the employer assigning the foreign worker, accompanied by a contract or agreement, applicable to cases where the worker is engaged under economic, social, or other agreements, or is participating in projects or contract packages in Vietnam.
c) A service contract between a Vietnamese partner and a foreign partner, along with proof that the foreign worker has been employed by the foreign enterprise (which does not have a commercial presence in Vietnam) for at least 24 months, applicable to contract-based service providers.
d) For service sellers, a document from the service provider assigning the foreign worker to Vietnam to negotiate service provision.
đ) A document from the foreign employer assigning the foreign worker to work in Vietnam in accordance with the intended position, applicable to transferees from foreign agencies, organizations, or enterprises to work in Vietnam (except intra-corporate transferees).
e) In cases where the foreign worker serves as the Chairman of the Board of Directors, a member of the Board of Directors of a joint-stock company, the owner, or a member of a limited liability company with a capital contribution of less than VND 3 billion, proof must be provided that the person qualifies as a manager in accordance with the law.
5.7. Documents Proving that a Foreign Worker is a Manager, Executive Director, Expert, or Technical Worker as Prescribed
a) Documents proving that a foreign worker is a manager include one of the following:
b) Documents proving that a foreign worker is an executive director include one of the following:
If the foreign worker has previously worked in Vietnam, a valid work permit or work permit exemption certificate already issued may be used in place of documents proving relevant years of work experience.
c) Documents proving that a foreign worker is an expert include one of the following:
If the foreign worker has previously worked in Vietnam, a valid work permit or work permit exemption certificate already issued may be used in place of documents proving relevant years of work experience.
d) Documents proving that a foreign worker is a technical worker include one of the following:
If the foreign worker has previously worked in Vietnam, a valid work permit or work permit exemption certificate already issued may be used in place of documents proving relevant years of work experience.
5.8. Consular Legalization and Authentication of Documents
Foreign-issued documents must be consularly legalized unless exempt under an international treaty to which both the Socialist Republic of Vietnam and the relevant foreign country are members, or under the principle of reciprocity, or as otherwise prescribed by law. These documents must be translated into Vietnamese and certified in accordance with Vietnamese law.
6. Procedure for Obtaining a Vietnam Work Permit
6.1. Within no more than 60 days and no less than 10 days prior to the date the foreign worker is expected to commence employment in Vietnam, the employer must submit the application dossier for a work permit.
6.2. Within 10 working days from the date of receiving a complete application, the competent state authority will review the request, approve the demand, and issue the work permit for the foreign worker.
6.3. For foreign workers entering into a labor contract or working under a labor contract with foreign diplomatic missions or foreign organizations in Vietnam:
Once the foreign worker is granted a work permit, the employer and the foreign worker must sign a written labor contract in accordance with Vietnamese labor law before the scheduled start date of employment.
Upon request, the employer must submit the signed labor contract to the authority that issued the work permit.
6.4. In cases where a foreign worker holding a valid work permit is required to work for the same employer in multiple provinces or centrally-run cities, the employer must notify the competent authority in the province/city where the foreign worker is expected to work at least 3 days before the start date. The notification must include:
7. Validity of a Vietnam Work Permit
The validity of a work permit is determined based on the duration of one of the following cases, but shall not exceed 2 years:
Commitment from Vietnamworkpermit.vn:
With many years of experience and a dedicated team of consultants who are well-versed in legal regulations and administrative procedures, we are committed to accompanying our clients throughout the entire work permit application process in Vietnam.
Our service is always focused on accuracy, speed, and efficiency, ensuring the highest possible success rate for each application.
Contact us now for a consultation!
Vietnamworkpermit.vn – Copyright © Vietnam-legal.com