WORK PERMIT VIETNAM

Foreign nationals working in Vietnam for less than 30 days and for a total cumulative period not exceeding 90 days per year shall be exempted a Work Permit. Furthermore the work permit exemption certificate is not required in this case. if they plan to work longer than 3 months in Vietnam, they need to apply for the work permit from the local labour authorities of the province or city where their employer is located before signing an employment contract, It is also possible to apply for the work permit in advance of arrival in the country, the employer usually helps organise the application on the employee’s behalf.
For companies seeking to employ foreign nationals, a recruitment plan by the company must be submitted at least thirty days in advance of the workers arrival to the provincial Department of Labor, Invalids and Social Affairs (DoLISA).

CONDITIONS FOR ISSUANCE OF A WORK PERMIT

1. There is capacity for civil acts fully in accordance with the law;
2. There is health fit with the job requirements;
3. Being a manager, executive director, expert or technician;
4. Not offenders or being prosecuted for criminal liability in accordance with the law of Viet Nam and foreign law;
5. Being approved in writing by the competent State agencies on the use of foreign workers.

APPLICATION FILE FOR ISSUANCE OF A WORK PERMIT

Before at least 30 days since the day foreign labors anticapted to work for employer units (companies, contractors, representative offices,..), these units shall submit documents as reuqested to grant work permit to Dapartment of Labour, Invalids and Social Welfares at where foreign labor expected to work.

1. Request for issuance of a work permit from the employer in accordance with regulations of the Ministry of Labor - Invalids and Social Affairs;
    
2. Health certificate or medical certificate issued by a competent foreign or Vietnamese health care agency or organization valid for 12 months from the date of signing to the application date;
    
3. Judicial record or written document confirming the foreign worker is not an offender or being prosecuted for criminal liability issued by the foreign country. If the foreign worker resides in Viet Nam, only judicial record issued Viet Nam is required and this document must be issued within 06 months from the issuance date to the application date.
    
4. Proof showing he/she as a manager, executive, expert or technician
   Foreign experts in one of the following cases:
   a) Having a written document proving him/her as an expert of a foreign agency, organization or enterprise;
   b) Having a college degree or equivalent or higher qualifications and have at least 03 year-working experience in the field consistent with the position that the foreign workers are expected to work in Viet Nam; special cases shall be considered and decided by the Prime Minister.
   
   Foreign managers and executive directors in one of the following cases:
   a) Managers of an enterprise such as the manager of the company or manager of private company, who is either an owner of a private company, a general partner, the Chairpersons of the Board of members, a member of the Board of members, the company's President, the Chairperson of the Board of Directors, a member of the Board of Directors, the Director/General Director, or a person holding another managerial position who is entitled to enter into the company’s transactions on behalf of the company according to the company’s charter, or heads and deputy heads of an agency or a organization;
   b) Chief Executive Officers who lead and directly operate subsidiary units under agencies, organizations and enterprises.
   
   Technical workers who had received technical or other specialized training for least 01 year and worked at least 03 years in the sector of specialized training.
    
5. The written approval of Department of Labor, War Invalids and Social Welfare.
    
6. 02 color photos (size 4cm x 6cm, white background, front, bareheaded, without sunglasses), taken within 06 months prior to the application date..
    
7. A notarized certified copy of passport or valid papers or international travel documents in accordance with the law

Note: Documents including the criminal records, health certificates, certificate of career in foreign languages must be legalized and translated into Vietnamese and certified in accordance with regulations of Viet Nam.

WORK PERMIT EXEMPTION

Foreigners enter VN to work are required a work permit, except these following cases:

• Foreigners work in VN shorter than 03 months;
• Foreigners are the members of a limited liability company with two members or more;
• Foreigner who owned of a limited liability company with a member (except an authorized representative);
• Foreigners who are the Board of Directors members of the joint-stock company;
• Foreign workers entering Viet Nam to provide services;
• Foreigners enter VN for 03 months to handle emergency problems such as incidents, technical situations, Complex technologies arise that affect or threaten to affect production, business that Vietnamese expert or foreign expert currently in VN cannot handle. If the handle time needs more than 03 months, they have to apply for a work permit.

For further information please contact:
Discovery Indochina Travel Co., Ltd
5th Floor | Avenis Building | 145 Dien Bien Phu Street, District 1 | Ho Chi Minh City | Vietnam
Tel: 028 39102358 | 028 39102359  Mobile: 0938228856 | 0906640505
www.visa5s.com | www.ditravel.vn | Email: Visa@ditravel.vn