Work permit for foreign expert working in Vietnam
01. Conditions for application
Conditions for application for a work permit:
1. The worker is capable of civil acts as prescribed by law.
2. The worker’s health is fit for working.
3. The worker is a manager, chief executive officer, expert or technician.
4. The worker is not a criminal or liable to criminal prosecution in accordance with the Vietnam law and the foreign country’s law.
5. The employment of the foreign worker is approved in writing by a state competent authority.
02. Applicable laws
1. Labour Code 2012
2. Decree No. 11/2016/ND-CP implementing regulations of Labour Code on foreign workers in VIetnam Labour Code
3. Circular No. 40/2016/TT-BLDTBXH implementing Decree No. 11/2016/ND-CP
4. Decree No. 140/2018/ND-CP amending some articles of Decree No. 11/2016/ND-CP
5. List No. 143/KCB-PHCN&GĐ date February 05, 2015 by Ministry of Health on
6. Law on Enterprise 2014
Step 1: Prepare the following documents
- The written request for the work permit made by the employer
- The health certificate or report on medical examination which is issued by the foreign or Vietnamese authorized health organizations or agencies and takes effect within 12 months from the signing date of conclusion of heath status to the date of application
- The criminal record or written certification that the foreign worker is not a criminal or liable to criminal prosecution issued by the foreign competent authority. If the foreign worker is a lawful resident in Vietnam, only the criminal record issued by the Vietnamese competent authority is required. The criminal record or written certification that the foreign worker is not a criminal or liable to criminal prosecution must be issued within 06 months prior to the submission of the application
- The written certification that the worker is a manager, chief executive officer, expert or technician (with the term of at least 03 years)
- 02 color pictures (4cm x 6cm, white background, frontal face, bareheaded and no colorful glasses) that are taken within 06 months ahead of the date of application.
- Certified copy of passport or a substitute for passport or other licenses for international travel which is unexpired in accordance with the law.
- Other documents:
- Internal reassignment: Decision on the reassignment by mother company
- In case of recruitment: Labor contract
Step 2: Present explaination about the need of labour use
- The employer shall submit a written explanation about demand for utilization of foreign workers using at least 30 days ahead of the expected date of recruitment to People’s of Committee
- The People’s Committee shall inform the employer of whether or not utilization of foreign workers is approved in writing within 15 days from the date of receipt of the explanation or explanation about changes in demand for utilization of foreign workers.
Step 3: Request for work permit
At least 15 working days before the day on which the foreign worker intends to start his employment, the employer shall submit the application for the work permit to the Service of Labor, War Invalids and Social Affairs of the province where the planned working place of the such foreign worker is located..
Step 4: Get result
- Within 07 working days from the day on which the sufficient application is received, the Service of Labor, War Invalids and Social Affairs shall issue the work permit to the foreign worker. A written response and explanation shall be provided if the work permit is not issued.
- After the foreign worker executing the labor contract is issued with the work permit, the employer and the foreign worker shall sign a written labor contract in accordance with the Vietnam law before the intended working day of such foreign worker. Within 05 working days from the day on which the labor contract is signed, the employer shall send a copy of the signed labor contract to the Service of Labor, War Invalids and Social Affairs that issued such work permit.