Procedures for Obtaining a Work Permit for Foreigners Working in Vietnam

Cases Requiring Foreigners Working in Vietnam to Obtain a Work Permit

As per the Vietnamese Law, foreign nationals working in Vietnam must have a work permit issued by a competent state authority in Vietnam, except for the following cases:

• The individual is the head of a representative office, project, or is primarily responsible for the operation of an international organization, or a foreign non-governmental organization in Vietnam.
• The individual enters Vietnam for a period of fewer than three months to carry out the short term services or projects.
• The individual is married to a Vietnamese citizen and resides in the territory of Vietnam.
• The individual is the investor or a contributing member of a  company in Vietnam.

Application Dossier for a Work Permit for Foreigners Working in Vietnam

• Application form for a work permit.
• Health certificate or medical examination certificate issued by a competent foreign or Vietnamese medical organization valid within 12 months from the date of the health conclusion to the date of application submission, or a certificate of sufficient health according to the regulations of the Minister of Health.
• Judicial record or a written confirmation that the foreign worker is not currently serving a penalty or has not had their criminal record cleared, or is not currently under criminal investigation, issued by a foreign or Vietnamese authority. The judicial record or written confirmation must be issued no more than six months before the application submission date.
• Documents proving that the individual is a manager, executive, expert, or technical worker, aNational Public Employment Service Portal nd specific professions or jobs as follows:
  • Diplomas or certificates or certification
  • A written confirmation from an agency, organization, or enterprise abroad about the years of experience of the expert or technical worker or an issued work permit or confirmation of exemption from a work permit.
• Two color photos (size 4cm x 6cm, white background, frontal view, no headwear, no colored glasses), taken no more than six months before the application submission date.
• A written approval of the need to employ foreign workers, except in cases where the need to employ foreign workers is not required.
• Certified copy of the passport or certified copy of the passport confirmed by the employer valid according to the law.
• Consular legalization and certification of documents: Documents mentioned above are either originals or certified copies. If they are from a foreign country, they must be consular legalized, unless exempted from consular legalization under an international treaty to which the Socialist Republic of Vietnam and the foreign country concerned are both signatories, based on reciprocity, or according to the provisions of law; translated into Vietnamese, and notarized or certified according to the law of Vietnam.

Steps in the Work Permit Application Process

 Advertise the Job Locally

• Post the Job: The employer must post the job opening on the official National Public Employment Service Portal (run by the Ministry of Labor, Invalids, and Social Affairs - MOLISA) for 30 days. This is to ensure that no qualified Vietnamese worker can fill the role.
• Report on Recruitment: If no suitable Vietnamese candidate is found, the employer must prepare a report explaining the recruitment process and justifying the need to hire a foreign worker.

Submit a Request to Employ a Foreign Worker

• Approval from Department of Labor: Before applying for the work permit, employers must submit a request to the Department of Labor, Invalids, and Social Affairs (DOLISA) to employ a foreign worker. This is usually done at least 30 days before the intended start date.
• Approval Response: Once approved, the employer receives a written confirmation from DOLISA allowing them to proceed with the work permit application.

Work Permit Application Submission

• Submit to DOLISA: The employer submits the completed work permit application, including all the required documents, to the relevant provincial DOLISA.
• Processing Time: The work permit processing typically takes 7-15 working days.

Issuance of Work Permit

Once the application is approved, the foreign worker will receive a work permit that is valid for up to 2 years. After this period, the permit can be renewed.

Important Notes

• Work Permit Renewal: The work permit must be renewed before it expires if the foreign worker continues their employment in Vietnam.
• Penalties for Non-compliance: Employers who hire foreign workers without following proper procedures (including job advertisements) face fines and penalties.

For employers and foreign workers who are unfamiliar with the latest legal procedures and requirements, the process can be complex and time-consuming. Zora Consulting offers expert services to guide you through each step, from job advertisement to work permit issuance. Contact our team to ensure a smooth and compliant hiring process for your foreign employees, and let us help you navigate the evolving regulations in Vietnam.