Procedures to Apply a Work Permit for Foreigners
Foreign workers work in Vietnam is quite a large number. According to the current law, foreigners need a work permit to work at enterprises and organizations operating in the territory of Vietnam.
Conditions for applying for work permit of foreigners in Vietnam
Employees need to meet some of the following requirements to ensure they can work in Vietnam such as:
- Full capacity for civil acts.
- Having professional qualifications, high skills, and health to ensure the requirements of the job.
- Not subject to criminal prosecution or offenders under Vietnamese or foreign laws.
- Foreign workers can apply for a work permit in Vietnam.
- The following subjects can apply for work permits for foreigners working in Vietnam, including:
- Employees are working in non-governmental organizations, international organizations operating in Vietnam.
- Representative of foreign enterprises operating in Vietnam.
- Managers, executives, technical experts.
- Laborers participating in the implementation of bidding packages and construction projects in Vietnam.
Steps to apply for a work permit for foreigners in Vietnam
1. Apply for approval of foreign workers to work in Vietnam
About 30 days before the expected date of employment, the employer needs to send a very specific explanation of the company’s need to use foreign workers to the Ministry of Labor. – Invalids and Social Affairs or the Chairman of the Provincial People’s Committee.
The business owner can submit this explanation through the portal of the Ministry of the Provincial Committee by the provisions set out in Circular 23/2017/TT-BLDTBXH. First, create an account on the website and apply through this account.
Within about 12 days after receiving the explanation sheet, the competent authority will send a notification of the results to the registrant’s email box. In case, the dossier has any errors, the authorities will request the most specific correction notice.
When there is a notice on the approval of the employment of foreign workers, the requester to use foreign workers will proceed to apply to the competent authority by post or in person. Within 8 hours after receiving the dossier, the competent authority will send the original permit to use foreign workers at the enterprise.
2. Apply for a work permit for foreigners in Vietnam
A complete application for a work permit for foreigners working in Vietnam includes the following documents:
- An application for a work permit for a foreigner.
- Health certificate issued by a competent health authority in Vietnam.
- The criminal record is declared within 6 months from the date of filing.
- Documents proving that the foreign worker is qualified to meet the job requirements.
- Notarized copy of passport.
- Some specific professions such as football players, pilots, etc. will be required to add some other special documents.
The time limit for granting work permits for foreigners is as follows:
For the case of direct submission at the authorities: the results are returned within 7 working days from the date of receipt of the application.
For strong case submission: results are returned within 5 days. If corrections are needed, the authorities will send detailed requests. If the application has been approved, the competent authority will send the original license to the address provided by the applicant.
Penalties for acts of using foreign workers without a work permit:
According to Section 15 of Decree 88/2015/ND-CP amending and supplementing Article 22 of Decree 95/2013/ND-CP stipulating penalties for administrative violations in the field of labor, social insurance, and labor recruitment If a Vietnamese employee goes to work abroad under a contract, the act of using a foreign worker without a work permit shall be handled as follows:
Article 22. Violations against regulations on foreigners working in Vietnam
1. Expulsion of foreign workers working in Vietnam commits one of the following acts:
- Working without a work permit, except for cases not subject to a work permit;
- Using an expired work permit.
2. Fines shall be imposed on employers who employ foreign workers to work in Vietnam without a work permit unless they are not eligible for a work permit or use an expired work permit as prescribed. one of the following levels:
- From 30,000,000 VND to 45,000,000 VND when using from 01 to 10 people;
- From 45,000,000 VND to 60,000,000 VND when using from 11 to 20 people;
- From 60,000,000 VND to 75,000,000 VND when employing 21 or more people.
3. Additional sanction: Suspend the operation of the enterprise from 01 to 03 months for the violations specified in Clause 2 of this Article.
For Foreign companies that want to start or expand businesses and look for an office in Vietnam:
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