Issuance of work permit
A financial company based in Ho Chi Minh City, Vietnam, is going to hire a foreign senior financial advisor. The company would like to consult lawyers about legal procedures to hire its foreign advisor.
Our legal advice:
1. Cases where the work permit is exempted
Under Article 7 of Decree No. 11/2016/ND-CP, the work permit is exempted in the following cases where the foreigner is:
- A member or owner of a limited liability company
- A member of the board of directors of a joint-stock company
- A head of a representative office, or projects in Vietnam invested by international organizations or by non-governmental organizations
- Coming to Vietnam, for less than 03 months, to offer services
- Coming to Vietnam, for less than 03 months, to handle complicated technical incidents and situations which affects or might affect the production and business (Vietnamese experts or foreigner experts in Vietnam cannot handle these incidents or situations)
- A lawyer eligible for practicing in Vietnam under Law on Lawyers
- Subject to an international treaty to which Vietnam is a party
- A student studying in Vietnam but the employer must issue a 7-day prior notification to the provincial labor management agency.
3. Legal conditions of a foreigner for work permit's issuance
A foreigner is eligible for the work permit's issuance if he/she meets all the legal conditions as follows:
- Having enough legal capacity under laws of Vietnam
- Having good health for the work required
- Is a manager, a chief executive officer, an expert or a technical expert
- Is not an offender or is prosecuted a criminal liability under laws of Vietnam and foreign countries
- Is accepted by a state agency in writing on the employment of a foreigner
Please click here to explore more about the procedures for the issuance of a work permit.