Work Permit

Foreigners working in Vietnam without a work permit will be deported and enterprises employing unlicensed workers will also be fined from VND 1,000,000 to VND 2,000,000 (according to Article 22). – Decree No. 95/2013/ND-CP).

Application for work permit

– Notice of approval of job position using foreign workers

– Criminal record (documents certifying that there is no criminal record).

– Health certificate.

– Written confirmation of being a manager, executive director, specialist or technical worker.

– Figure 4*6cm.

– Notarized copy of passport.

– Application form for a work permit.

Classification of work permits

New issue of work permit:

– The employee has never had a work permit.

– The employee has a valid work permit and works for another employer with the same job position.

– The employee has a valid work permit, works for the former employer, has a different job position.

– The employee has an expired work permit and wants to continue working in the same position.

Re-issuance of work permit:

The valid work permit is lost, damaged, or the contents of the work permit are changed, except for special cases. The work permit is valid for at least 5 days but not more than 45 days.

Free work permit:

Not subject to work permit granting: According to Article 7 of Decree No. 11/2016/ND-CP, there are many cases where work permits are exempted, but require foreign workers to do the following: continue to confirm with the Department of Labour, Invalids and Social Affairs.

In which cases need a work permit?

According to Article 2 of Decree No. 11/2016/ND-CP, foreign workers who come to work in Vietnam must have a work permit, except in a few cases, they will be exempted from work permit according to regulations. regulations.

– Execution of labor contract;

– Moving within the enterprise;

– Performing all kinds of contracts or agreements on economics, commerce, finance, banking, insurance, science and technology, culture, sports, education, vocational training and health;

– Contracted service provider;

– Offering services;

– Working for a foreign NGO or an international organization in Vietnam that is permitted to operate in accordance with Vietnamese law;

– Volunteer;

– Person responsible for establishing a commercial presence;

– Managers, executives, experts, technical workers;

– Participate in the implementation of bidding packages and projects in Vietnam.

How long is a work permit granted?

Work permits are issued for a period not exceeding 2 years. However, depending on the agreement between the foreign worker and the foreign employer, the term of the work permit will be different in each case.

Can a work permit expire?

According to Decree No. 102/2013/ND-CP and Circular No. 03/2014/TT-BLDTBXH, the phrase “work permit extension” has been changed to “re-issuance of work permit”. In case the work permit expires and the foreign worker still works at the old company, that work permit will be re-issued.