Securing a work permit for foreigners in Vietnam is essential and crucial. Understanding the requirements and procedures can streamline the process, ensuring compliance with local regulations.
Introduction to Work Permit for Foreigners in Vietnam
What is a Work Permit for Foreigners in Vietnam?
A work permit is an official document issued by Vietnamese authorities that allows foreign nationals to work legally within the country. This permit specifies the job position, employer, and duration of employment, serving as a legal basis for foreigners to engage in work activities in Vietnam.
Why do foreigners need a Work Permit for Foreigners in Vietnam?
Vietnamese law mandates that foreign individuals obtain a work permit to ensure that their employment complies with national labor regulations. This requirement safeguards the rights of both employers and employees, maintains labor market stability, and ensures that foreign workers possess the necessary qualifications for their roles.
Who is required to obtain a Work Permit in Vietnam?
Most foreign nationals intending to work in Vietnam are required to obtain a work permit. This includes individuals employed by Vietnamese companies, foreign enterprises operating in Vietnam, and organizations or individuals authorized to employ foreign workers. However, certain exemptions apply, which will be discussed later in this article.
Work Permit requirements for foreigners in Vietnam
General conditions to apply for a work permit
To be eligible for a work permit in Vietnam, foreign applicants must meet the following general conditions:
- Age Requirement: Applicants must be at least 18 years old.
- Health Status: Applicants must possess adequate health to meet job requirements.
- Professional Qualifications: Applicants must have technical skills or professional qualifications relevant to the job position.
- Legal Background: Applicants must have a clear criminal record, indicating no convictions for crimes or offenses as per Vietnamese law.
Specific requirements for different job positions
The specific requirements for obtaining a work permit for foreigners in Vietnam vary depending on the job position:
1. Skilled workers
Skill workers should meet some requirements to obtain a work permit in Vietnam.
Skilled workers are typically required to have:
- Technical Training: Completion of technical training relevant to the job position.
- Experience: At least three years of experience in the relevant field.
2. Experts
For individuals classified as experts, the requirements include:
- Advanced Qualifications: Possession of a relevant advanced degree or equivalent qualification.
- Experience: At least five years of experience in the field related to the job position.
3. Managers and executives
Managers and executives are generally expected to have:
- Managerial Experience: At least three years of experience in a managerial or executive role.
- Relevant Qualifications: Educational background appropriate to the managerial position.
Exemptions from obtaining a Work Permit for Foreigners in Vietnam
Certain categories of foreign workers are exempt from obtaining a work permit in Vietnam. These exemptions include:
- Short-Term Assignments: Foreigners working in Vietnam for less than three months.
- Intra-Company Transferees: Managers, executives, specialists, and technical workers who are internally transferred within an enterprise operating in Vietnam.
- Service Providers: Foreigners providing services to Vietnam under contracts between foreign and Vietnamese enterprises.
- Other Specific Cases: As stipulated by Vietnamese law.
It’s important to note that even if exempted, foreign workers may still need to obtain a written confirmation of their exemption from the relevant Vietnamese authorities.
How to apply for a Work Permit for Foreigners in Vietnam?
The process of obtaining a work permit for foreigners in Vietnam involves several steps:
Step 1 – Prepare the required documents
The first step is to gather all necessary documents, which typically include:
- Application Form: A completed application form as prescribed by Vietnamese law.
Work permit application form for foreigners in Vietnam.
- Criminal Record Certificate: A criminal record certificate issued within six months prior to the application date.
- Health Check Certificate: A health certificate issued within 12 months prior to the application date.
- Degree and Professional Certificates: Copies of relevant degrees and professional qualifications.
- Employer’s Documents: Documents from the employer, such as the business registration certificate and a written request for the work permit.
Step 2 – Submit the application to the department of Labor, Invalids, and Social Affairs
Once all documents are prepared, the application should be submitted to the Department of Labor, Invalids, and Social Affairs (DOLISA) in the locality where the foreign worker will be employed. The employer typically handles this submission on behalf of the foreign worker.
Step 3 – Processing time and receiving the Work Permit
After submission, DOLISA will process the application, which usually takes around 10 working days. If the application is approved, the work permit will be issued, allowing the foreign worker to commence employment legally in Vietnam.
How to renew or extend a Work Permit for Foreigners in Vietnam?
When to apply for a Work Permit renewal?
A work permit in Vietnam is typically valid for up to two years. To continue working legally, a renewal or extension should be applied for at least 45 days before the current permit expires.
Required documents for Work Permit extension
The documents required for a work permit extension generally include:
- Application Form: A completed application form for the extension.
- Current Work Permit: The existing work permit.
- Health Check Certificate: A new health certificate if the previous one has expired.
- Employer’s Documents: Updated documents from the employer, such as a business registration certificate and a written request for the extension.
Steps to extend a Work Permit for foreigners in Vietnam
The steps to extend a work permit are similar to the initial application process:
- Prepare the Required Documents: Gather all necessary documents for the extension.
- Submit the Application: The employer submits the application to DOLISA at least 45 days before the current permit expires.
- Processing Time: DOLISA processes the application, typically within 10 working days.
- Receive the Extended Work Permit: Upon approval, the extended work permit is issued, allowing the foreign worker to continue their employment in Vietnam.
Once Work Permit for foreigners in Vietnam has been successfully obtained, the next step for foreign workers planning to enter Vietnam is to apply for a Vietnam E-visa. This electronic visa allows foreign nationals to legally enter and stay in Vietnam for work-related purposes. The Vietnam E-visa application process is straightforward and can be completed online, typically taking a few business days for approval.
For a fast and hassle-free e-visa application, foreign workers can seek assistance from Vietnam Visa Express, a reliable service provider that helps streamline the process, ensuring quick approvals and compliance with immigration regulations. Their expert guidance minimizes potential delays, making the transition to working in Vietnam smoother.
