WORK PERMIT

A work permit is a document that allows a foreigner to work legally in Vietnam. The work permit must clearly state information about the employee, including full name, passport number, date of birth, nationality, passport number; the name and address of the organization where the work is done, the position of the workplace. Foreigners working in Vietnam for more than 3 months are required to have a Work Permit. This is an important document for foreign workers to apply for a 2-year temporary residence card in Vietnam.

1. Classification of work permits

Vietnam work permits for foreign nationals include 4 types: renewal of work permits, renewal of work permits, re-issuance of work permits and are not subject to work permits (or exemption from work permits). motion). Specifically:

1.1. New issue of work permit

This type of work permit is for the following subjects:

• The worker has never had a work permit.
• The employee has a valid work permit and works for another employer with the same job position.
• The employee has a valid work permit, works for the former employer, has a different job position.
• The employee has an expired work permit and wants to continue working in the same position.

1.2. Extension of work permit

Foreign workers who have been granted a work permit but the work permit is about to expire will need to be extended to continue working legally in Vietnam.
According to the provisions of Article 19, Decree 152/2020/ND-CP, a work permit can only be extended once.
If an employee wants to continue working at an enterprise at the same position after having expired once, he must carry out a new  procedure for a work permit..
After submitting the application for extension of the work permit 05 working days, the employer will receive the extended work permit.
1.3. Re-issuance of work permit

The work permit is still valid, but the work permit is lost, damaged, or the contents of the work permit are changed (except for some special cases); A work permit that is valid for at least 5 days but not more than 45 days will be re-issued.

The work permit is re-issued equal to the term of the issued permit minus the time the foreign worker has worked up to the time of applying for the re-issuance of the work permit.

The employer will receive a re-issued work permit or a written refusal to re-issue it with reasons within 03 working days from the date of receipt of a complete dossier of application for a work permit re-issuance.

2. Not subject to a work permit

According to the provisions of Article 19, Decree 152/2020/ND-CP, a work permit can only be extended once.

If an employee wants to continue working at an enterprise at the same position after having expired once, he must carry out a new  procedure for a work permit..

3. Conditions for granting work permits to foreigners

Conditions for foreigners to apply for a work permit include:

• Foreign workers must have full civil act capacity as prescribed by law.
• Foreign workers must have health suitable for the job requirements.
• Foreign workers must not be criminals or be examined for penal liability in accordance with Vietnamese and foreign laws.

The foreign worker must be a manager, executive director, expert or technical worker with all the supporting documents as prescribed in Article 3 152/2020/ND-CP as follows:

For specialist positions:

• A university degree or higher and the verification of at least 3 years' working experience in the specialized training that is suitable for the job position in which the foreign worker is expected to work in Vietnam, is legalized consul; or
• Verify the experience of at least 5 years and the practice certificate suitable to the job position that the foreign worker is expected to work in Vietnam, which is consularly legalized.

For technical positions:

• Certificate of training in technical or other majors for at least 1 year and certification of at least 3 years' experience in the consularly legalized or trained major;
• Verify that the experience of at least 5 years at the job position is suitable for the job position that the foreign worker is expected to work in Vietnam.

For the position of executive director, manager:

• Decision appoint;
• Verify that the experience of at least 3 years at the job position is suitable for the position that the foreign worker is expected to work in Vietnam.

4. Cases that need a work permit

Pursuant to Article 2 Decree No. 152/2020/ND-CP,  Foreign citizens to work in Vietnam must have a work permit. Except for a few cases, it will be  work permit exemption  according to the law such as:

• Performance of labor contracts;
• Moving within the enterprise;
• Performing all kinds of contracts or agreements on economy, commerce, finance, banking, insurance, science and technology, culture, sports, education, vocational training and health;
• Contracted service providers;
• Offering services;
• Working for foreign NGOs, international organizations in
• Vietnam is allowed to operate in accordance with Vietnamese law;
• Volunteers;
• Person responsible for establishing a commercial presence;
• Managers, executives, experts, technical workers;
• Participating in the implementation of bidding packages and projects in Vietnam.

5. Eligible and capable subjects to sponsor foreigners to work in Vietnam:

• Enterprises operating under the Enterprise Law, Investment Law or international treaties to which the Socialist Republic of Vietnam is a signatory;
• Contractors participating in bids and performing contracts;
• Representative offices, branches of enterprises, agencies and organizations licensed to be established by competent agencies;
• State agencies, political organizations, socio-political organizations, socio-political-professional organizations, social organizations, socio-professional organizations;
• A foreign non-governmental organization that is granted a registration certificate by a competent Vietnamese agency in accordance with Vietnamese law;
• Non-business organizations and educational institutions established in accordance with law;
• International organizations, offices of foreign projects in Vietnam; agencies and organizations that are permitted by the Government, the Prime Minister, ministries and branches to establish and operate in accordance with law;
• The operating office of the foreign investor in the business cooperation contract or of the foreign contractor is registered to operate in accordance with the law;
• To organize law practice in Vietnam according to the provisions of law;
• Cooperatives and unions of cooperatives established and operating under the Law on Cooperatives;
• Business households and individuals are allowed to do business in accordance with the law.

6. Procedures and documents for work permit registration

To apply for a work permit, businesses need to follow two important steps sequentially:

6.1. Register the need to use foreign workers with the competent authority

Applying for approval to employ foreign workers is the first important procedure that needs to be done to apply for a work permit for foreigners to work legally in Vietnam.

At least 30 days before the expected date of employment of foreign workers, the employer (except for the contractor) is responsible for determining the need to employ foreign workers for each job position for which he/she is employed. Vietnamese workers have not met the requirements and report to the Ministry of Labor, War Invalids and Social Affairs or the People's Committees of the provinces and centrally-run cities where the foreign workers are expected to work.

During the implementation process, if the demand for foreign workers changes, the employer must report to the Ministry of Labor, War Invalids and Social Affairs or the People's Committee of the province at least 30 days in advance from the date of implementation. expected date of employment of foreign workers.

Dossier of application for approval to employ foreign workers include:

• Copy of Business Registration;
• Application form for registration of recruitment needs.
• Letter of introduction/power of attorney (if the applicant is not the legal representative of the enterprise).

Note: The time for approval is 10 working days, excluding Saturdays, Sundays and holidays.

6.2. Submit an application for a work permit at a competent state agency

In accordance with the law, the applicant shall submit the application for a work permit to the Ministry of Labor, War Invalids and Social Affairs or the Department of Labor, War Invalids and Social Affairs where the foreign worker is expected to work at least first. 15 days from the date the foreign worker is expected to start working in Vietnam.

An application file for a work permit for a foreigner must include the following documents:

• Valid passport as prescribed (notarized copy);
• Criminal record number 1 (document certifying that there is no criminal record);
• Health certificate or health certificate issued by a foreign medical agency or organization;
• Written confirmation of being a manager, executive director, specialist or technical worker;
• Picture 4*6cm, white background and taken not older than 6 months;
• Documents related to foreign workers;
• Application form for a work permit;
• Written registration of the need to use foreigners (above).

To understand more about the service of renewing work permits for foreigners, you can immediately call EZ to EZ via hotline: () for direct advice!

Note: According to regulations, the above documents, if they are foreign, must be consularly legalized (except for cases exempted from consular legalization under international treaties to which the Socialist Republic of Vietnam is a member). Both Vietnam and the foreign country concerned are members either according to the principle of reciprocity or according to regulations) and must be translated into Vietnamese and authenticated in accordance with Vietnamese law.
Where to apply for a work permit?
For enterprises located in industrial parks, economic and technical zones, etc., the application shall be submitted to the Management Board of industrial parks, export processing zones... - where the enterprise's head office is located.

For enterprises located outside industrial parks or export processing zones, the application must be submitted to the provincial Department of Labor, War Invalids and Social Affairs.

Particularly in the case of foreigners belonging to non-governmental organizations, international organizations, associations, ..

u 3 Circular 40/2016/TT-BLDTBXH must submit a work permit applicationat the Employment Department - Ministry of Labor, Invalids and Social Affairs.

7. Frequently asked questions about work permits

EZ would like to summarize some frequently asked questions of customers when applying for a work permit:

Q - How long is a work permit granted?
Answer – Basically, a Work Permit is issued for a period of no more than 2 years. However, depending on the agreement between the foreign worker and the foreign employer, the term of the "work permit" may vary from case to case.

Q - How long does it take to get a work permit?
Answer – Normally, within 5 working days (excluding holidays and holidays) there will be a result of applying for a work permit. If the work permit is not granted, a written reply will be issued, clearly stating the reason.

How much is the work permit fee?
Answer – Depending on the locality where foreigners apply for a work permit, the work permit fee will be different.

However, foreigners will not have to pay a work permit application fee. The foreign enterprise or employer will prepare this fee and the procedures for applying for a work permit.

8. Should you do the procedure for applying for a work permit yourself?

In fact, there are many difficulties that businesses may encounter when applying for a work permit by themselves, so many businesses look to the support service to apply for a work permit by. These problems can be:

• The application procedure is complicated, requiring many different types of documents and documents.
• Regulations on work permits are constantly changing, requiring a thorough understanding of the law and regular updating of village information.
• When submitting your application, you must prepare carefully and have a reasonable explanation with State officials about your dossier.

9. Work permit service

If manually applying for a work permit is so difficult, which reliable service do businesses need to find?

In order to help customers and businesses reduce complicated administrative procedures, EZ Holdings provides a prestigious - fast - economical package work permit service with the commitment:

• The highest success rate with many years of experience implementing work permits.
• Calculate costs with preferential rates to maximize savings for customers.
• Issue VAT invoices for the right services and commit to absolute confidentiality of all business and foreigner information.
• Simple working process, saving customers' time and effort.
• In addition, EZ is committed to supporting businesses after obtaining a work permit in:  Consulting on implementation of temporary residence; Notify when the work permit is about to expire; Support in making reports, labor contracts and submitting them to relevant agencies.

For more information on work permits and related procedures, please call EZ Holdings directly at hotline:  0869 907 519 | 0867 439 725 for the fastest advice and support.