Work Permit

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

Documents necessary for work permit application

Written approval to the employer on the use of foreign workers for the job position.

Criminal Record Disclosure (a document certifying that the worker has no criminal record).

Medical Certificate

Written confirmation of being manager, executive director, expert, or technical worker.

Photo 4*6cm.

Certified copy of passport.

Application form for a work permit

Work permit classification

Issuing a new Work permit:

– The worker has never had a work permit.

– The worker has a valid work permit, yet working for another employer in the same position.

– The worker has a valid work permit and works for the same employer, yet in a different position.

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

Reissuing the Work permit:

       A valid work permit is lost, damaged or the information in the work permit is changed, except in special cases. A work permit with the term of validity of at least 5 days, but not over 45 days.

Work permit exemption:

       Not subject to a work permit: According to Article 7 of the Decree No. 11/2016/ND-CP, there are many cases in which a work permit is exempted, but foreign workers are required to carry out the confirmation procedures with Department of Labor, Invalids and Social Affairs

Legal documents about work permit

The Decree No. 11/2016/ND-CP (Effective date: April 01, 2016)

The Official Letter No. 619/TTg-KGVX.

New Regulations on work permit issuance in 2016.

The Resolution No. 47/NQ-CP (Effective date: July 08, 2014)

The Official Letter No. 4279/UBND-VX notifying the amendments to the Resolution No. 47/NQ-CP.

The Decree No. 102/2013/ND-CP (Effective date: November 01, 2013)

The Official Letter No. 6107/SLDTBXH-VL responding issues in the Decree No. 102/2013/ND-CP.

The Circular No. 03/2014/TT-BLDTBXH guiding the implementation of the Decree No. 102/2013/ND-CP.

The Decree No. 102/2013/ND-CP stipulating several articles of labor laws applied to foreigners working in Vietnam.

Cases required for work permit

Citing from Article 2 of the Decree No. 11/2016/ND-CP, workers who are foreign citizens working in Vietnam must obtain a work permit, except for a few cases that are subject to be exempted from the work permit as prescribed by law.

Performing the employment contracts;

Mobilizing internally within the enterprise;

Implementing the contracts or agreements on economy, trade, finance, banking, insurance, science and technology, culture, sports, education, vocational education and health;

Being service providers under the contracts;

Offering services;

Working for foreign non-governmental organizations and international organizations in Vietnam that are permitted to operate in accordance with Vietnamese laws;

Being volunteers;

Being the person in charge of establishing a commercial presence;

Being managers, executive directors, experts, and technical workers;

Participating in the implementation of bidding packages and projects in Vietnam.

How long is the validity term of work permit?

Answer – The term of the issued work permit shall not over 2 years. However, depending on the agreements between the foreign workers and foreign employers, the term of the work permit varies in each case.

Reference: Work permit for foreigners working in Vietnam

Question – Can the expired work permit be extended?

Answer – According to the Decree No. 102/2013/ND-CP and the Circular No. 03/2014/TT-BLDTBXH, the term “work permit extension” is changed to “re-issuance of work permit”.

In case the work permit expires and the foreign worker still wants to work for the current company, the work permit can be re-issued.