Procedures For Granting Work Permits To Foreigners
In Vietnam, the number of foreign workers is directly proportional to foreign investment projects, this development indicates that the demand for a work permit is also increasing. So what are the procedures for applying for a new and reissued work permit for foreigners? Please refer to the following article.
What is a work permit?
A work permit is defined as a written document permitting a foreigner to work legally in Vietnam.
Information on a work permit includes:
Full name of foreign worker
Date of birth
Professional qualification (workmanship)
The name of the business organization
Work permit status
If a foreign citizen enters Vietnam to work without a work permit, he / she will be expelled from the territory of Vietnam. Note, the work permit is only valid for a certain period of time specified on the license, if expired, foreign workers must apply for a reissue of the license (extension of license) in accordance with the procedure
Procedures for issuing a new work permit for foreigners
Section 3 of Decree No. 11/2016 / ND-CP stipulates the procedure for granting a new work permit to foreigners, specifically:
Conditions for granting a work permit (Article 9 of the Decree)
Having full civil act capacity as prescribed by law.
Having health in accordance with job requirements
Be a manager, executive director, expert or technical worker.
Not being an offender or being examined for penal liability in accordance with the laws of Vietnam and foreign laws.
To be approved in writing by a competent state agency on the employment of foreign workers.
Application for a work permit (Article 10 of the Decree)
The written request for a work permit from the employer in accordance with the regulations of the Ministry of Labor - Invalids and Social Affairs.
A health certificate or a medical examination certificate issued by a competent foreign or Vietnamese medical agency or organization is valid for a period of 12 months from the date of signing the conclusion of health to the date of submission. Profile. (01 copy enclosed with the original for comparison or 01 certified copy)
Judicial record card or written certification that the foreign worker is not an offender or is examined for foreign liabilities. In case foreign employees have resided in Vietnam, only need a criminal record certificate issued by Vietnam (01 photocopy attached with the original for comparison or 01 certified copy)
Judicial record card or written certification that the foreign worker is not an offender or is examined for penal liability shall be issued within 06 months from the date of issue to the date of submission of the dossier (01 copy attached according to the original for comparison or 01 certified copy)
Documents proving to be a manager, chief executive officer, specialist or technical worker
02 color photos (size 4cm x 6cm, white background, straight face, bare head, no colored glasses), photos taken within 06 months before the date of application
Certified copy of passport or valuable papers in lieu of passports or valid international travel documents as prescribed by law.
Term of work permit (Article 11 of the Decree)
The term of a work permit is granted according to the term of one of the following cases but not more than 02 years:
The term of the labor contract is expected to be signed;
The duration of the foreign party to send foreign workers to work in Vietnam;
Term of a contract or agreement signed between a Vietnamese and foreign partner;
Term of service contract or agreement between Vietnamese and foreign partners;
The time limit stated in the service provider's document sending foreign workers to Vietnam to negotiate service provision;
The duration has been determined in the certificate of the foreign non-governmental organization or international organization permitted to operate in accordance with the law of Vietnam;
The time limit in the service provider's document sending foreign workers to Vietnam to establish a commercial presence of that service provider;
The time limit in the document proving that the foreign worker is allowed to participate in the operation of a foreign enterprise that has established a commercial presence in Vietnam.
Procedures for re-issuance of work permits for foreigners
Section 4 of Decree No. 11/2016 / ND-CP stipulates the procedure for re-granting work permits to foreigners:
Cases of re-issue of work permits (Article 13 of the Decree)
- A valid work permit is lost, damaged or changes in the content of the work permit
- The work permit is valid for at least 05 days but not more than 45 days.
Application for reissuance of a work permit to a foreigner (Article 14 of the Decree)
The written request for re-issue of work permit by the employer in accordance with the regulations of the Ministry of Labor - Invalids and Social Affairs.
02 color photos (size 4cm x 6cm, white background, straight face, bare head, no colored glasses), photos taken within 06 months before the date of application.
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