Work Permit Application
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Jenny Pham
What is a Vietnam Work Permit?
A Vietnam Work Permit is an official document issued by the Vietnamese government that authorizes a foreign individual to legally work for a Vietnamese company. It's essentially a prerequisite for foreigners intending to hold a job in Vietnam for more than 3 months.
Foreigners working in Vietnam on a permanent basis for a Vietnamese company, organization or individual or a company with foreign investment in Vietnam must have a work permit, except for those subject to work permit exemption (for which eligible foreigners are required to obtain work permit exemption certificate).
Here's some key information about the Vietnam Work Permit:
- Validity: A Vietnam Work Permit is typically valid for one to two years.
- Renewal: It can be renewed before it expires, following a similar application process.
Who needs a Work Permit?
Foreigners working in Viet Nam (hereinafter referred to as foreign workers) in one of the forms below:
- Working under labor contracts
- Being transfer within an enterprise
- Performance of any of the following types of contract, namely economic, commercial, financial, banking, insurance, scientific and technical, cultural, sports, educational, vocational training or medical health contracts
- Foreigners responsible for establishing commercial presence
- Managers, executive directors, experts and technical workers
- Other cases prescribed by the Government
Who needs a Certificate of exemption from work permit?
Foreign citizens being:
- Capital-contributing members or owners of limited liability companies
- Members of the Board of Directors of joint stock companies
- Heads of representative office and projects of international organizations or non-governmental organizations in Vietnam
- Internal movement in enterprises operating in 11 service sectors specified in Vietnam’s commitments schedule to the WTO
- Other cases prescribed by the Government
Since the procedures of applying for a work permit are quite complicated, the period of application is usually from one month to two months, the laborers and employers have difficulty in preparing all documents.
To obtain work permit, it is necessary first to clearly identify the case of the foreigner in order to prepare the appropriate application within the allowed time. Please contact us to be supported promptly.
(Source: Decree No. 11/2016 / ND-CP, Labor Code 2012, Circular 35/2016/tt-bct)
Foreign experts, managers, chief executive officers or technicians who work in Vietnam for a period of under 30 days and an accumulated working period of under 90 days per year, are exempted from Work permit or Certificate of exemption from work permit (can work in Vietnam without any document related to work permit)
Document requirements
Obtaining a work permit in Vietnam requires several documents, which might vary slightly depending on your nationality, employer, and the specifics of your job.
1. Foreigners who need Certificate of exemption from work permit
| No. | Name of document | Quantity | Requirement |
| 1. | Passport | 01 |
Notarized copy of all pages |
| 2. | Application form of Certificate of exemption from work permit | 01 | Form 09 |
| 3. | Resume of the applicant. | 01 |
Attached to Form 09 (format as required by government) |
| 4. | License(s) of the organization that applicant working for | Required as per case by case. | |
| 5. | Documents proving that the employees are exempted from the work permit | Required as per case by case. |
2. Foreigners apply for Work permit for the first time
| No. | Name of document | Quantity | Requirement |
| 1. | Passport | 01 |
Original, valid at least 13 months |
| 2. | Photo size 2x3cm | 02 | White background, front view, bare head, without sunglasses |
| 3. | Application form of Work permit. | 01 |
Form 07 |
| 4. | Health checkup document (issued in Vietnam or foreign country) | 01 |
Not more than 12 months.
|
| 5. | Criminal record | 01 |
Not more than 6 months.
|
| 6. | Document proving that applicant is a manager, a chief executive, an expert or a technical worker. |
Required as per case by case as detail below. |
|
| For manager, chief executive (legal representative): | |||
| 7. | Business registration certificate - clearly stating as the legal representative | 01 |
Notarized copy |
| 8. | Certificate of management experience, clearly stating the position | 01 | Translated into Vietnamese and notarized copy |
| For Expert: | |||
| 9. | Confirmation of being an expert in a company, clearly stating the position OR University degree or above/equivalent diploma + Certificate of at least 3 years of relevant experience in the field of employment in Vietnam | 01 | Translated into Vietnamese and notarized copy |
| 10. | Business license | 01 | A copy and original to compare or notarized copy |
| For technical worker: | |||
| 11. | Qualifications, degrees, certificates proving of being trained at least 1 year + Certificate of 3-year experience in equivalent field | 01 | Translated into Vietnamese and notarized copy |
| 12. | Business license (if any) | 01 | Notarized copy |
| 13. | Business registration certificate | 01 | Notarized copy |
These documents may need to be translated into Vietnamese and notarized or legalized depending on the specific requirements. It's advisable to consult with your employer or a legal expert in Vietnam for precise and up-to-date information.
How to get Vietnam Work Permit?
STEP 1: EMPLOYER APPLIES FOR PERMISSION TO HIRE FOREIGN WORKER
At least 15 days before the date the foreign worker is expected to start working in Vietnam, the person submitting the application for a work permit must send it to the Department of Labor, War Invalids and Social Affairs where the foreign worker is expected to work.
STEP 2: PREPARE DOCUMENTS FOR WORK PERMIT
Once permission is granted, your employer will work with you to gather the necessary documents for the work permit application.
STEP 3: SUBMIT TO THE DEPARTMENT OF LABOR, WAR INVALIDS AND SOCIAL AFFAIRS
The employer submits the application to the Department of Labor, War Invalids and Social Affairs for processing.
