In the context of Vietnam’s global integration recent years, number of foreigners coming to Vietnam is increasing. For this reason, Vietnam’s regulations applicable to overseas worker working in Vietnam have been specified, especially the work permit. Vietnam is abundant in workforce, both in terms of quality and quantity, therefore, Vietnam only employs and issues work permit to overseas workers who are experienced and own skills which are not found from Vietnamese workers.
- For Enterprise (Employer) having not ever registered and been approved for employment of overseas workers: Application for employment as form 01 enclosed to Circular 03/2014/TT-BLDTBXH dated 20/01/2014 by the Ministry of Labour, Invalids and Social Affairs detailing instructions on implementing some articles of Decree 102/2013/ND-CP.
- For Enterprise (Employer) having been approved for employment of overseas workers but demanding for change of overseas workers: Application for employment as form 02 enclosed to Circular 03/2014/TT-BLDTBXH dated 20/01/2014 by the Ministry of Labour, Invalids and Social Affairs detailing instructions on implementing some articles of Decree 102/2013/ND-CP.
- Letter of recommendation/procuration (If dossier is submitted by person who is not legal representative of the enterprise)
Application recipient: One-stop desk of the Department of Labor, Invalids and Social Affairs or the Management Board of Industrial Zone, processing and export area where the Enterprise’s (Employer’s) head-office is located.
Schedule: 15 – 20 working days
Waiting for approval from the provincial People’s Committee on employment of overseas workers, employee should prepare following dossiers:
If applying for new work permit
Overseas dossiers required
Overseas criminal record issued to the person applying for work permit in Vietnam (applicant) (Note: The criminal record is less than 06 months from date of issuance to date of submission. The criminal record should be consularly legalized at Vietnam Embassy and translated with notarization into Vietnamese);
Copy of university or higher degree of the applicant: The degree should be consularly legalized at Vietnam Embassy and translated with notarization into Vietnamese.
Certificate of having worked over 5 years as manager equivalent to the position in Vietnam issued by the competent agency. (Note: The Certificate should detail day, month and year indicating that the worker has worked for at least 5 years by date of confirmation. This Certificate should be consularly legalized at Vietnam Embassy and translated with notarization into Vietnamese). For some jobs, the certificate of experience, professionalism of overseas workers is replaced by one of following documents:
- Certificate of artisan of traditional career issued by the overseas competent agency;
- Documentation of experience of overseas football player;
- Airplane driving license issued by Vietnam’s competent agency to the overseas pilot;
- License for airplane maintenance issued by Vietnam’s competent agency to overseas worker in charge of airplane maintenance.
Certificate of health status issued by the native country of the applicant to the applicant. This Certificate of health status should be consularly legalized at Vietnam Embassy and translated with notarization into Vietnamese).
Vietnamese dossiers required
- In case of no overseas certificate of health status, the applicant should experience health examination and apply for the Certificate of health status from the hospital regulated by Vietnam Ministry of Health: List of hospitals as detailed in Document 143/KCB-PHCN&GD indicating list of approved health examination units for overseas workers in Vietnam.
- If the overseas worker is residing in Vietnam, he/she should apply for the Criminal Record from the Vietnam’s competent agency near living place of him/her. (Note: Dossier to apply for Vietnam’s Criminal Record is the temporary residence certificate issued by the commune/ward public security agency in form released by the Department of Justice);
- 02 colored photos of 4 x 6 cm with white background, head wearing nothing, no glasses taken within 1 year;
- 01 set of notarized passport.
If applying for work permit re-issue due to expiry:
- Copy of Business Registration Certificate or Operation Certificate;
- Old work permit;
- Labor contract proving that the worker is continuously working at the enterprise;
- Health Certificate issued in the native country. If the overseas worker is living in Vietnam, the Health Certificate is also required as stipulated by the Ministry of Health
- 02 colored photos (4 x 6 cm, white background, head wearing nothing, no glasses taken within 1 year)
- 01 set of notarized passport.
- The document issued by the City People’s Committee approving employment of overseas worker.
If applying for work permit re-issue due to change of passport number
- Old work permit
- Three colored photos (4 x 6 cm, white background, head wearing nothing, no glasses taken within 1 year);
- 01 new set of notarized passport.
- 01 old set of notarized passport.
Upon receiving approval on overseas worker employment from the provincial People’s Committee, the Enterprise (Employer) should submit application for work permit for the overseas worker.
Quantity of dossier sets: 02 sets (01 submitted to the state’s agency, 01 saved at the enterprise);
Recipient: One-stop desk of the Department of Labor, Invalids and Social Affairs or the Management Board of Industrial Zone, processing and export area where the Enterprise’s (Employer’s) head-office is located
- If applying for new work permit: 10 – 15 working days
- If applying for work permit re-issue: 05 – 07 working days
After overseas worker receives the work permit, the Enterprise (Employer) should fulfil following procedures:
- Sign labor contract with the overseas worker;
- Buy medical insurance for the overseas worker. Since 01/01/2016, the overseas worker if owning work permit, profession certificate or profession permit issued by Vietnam’s competent agencies should buy social insurance as stipulated by 2014 Law on Social Insurance.
- Report status of overseas worker employment
- The Employer should report every 06 months before 05th day of July and annually before 06th day of January of next year to the Department of Labor, Invalids and Social Affairs where the employer’s head-office is located on status of overseas worker employment using Form 16 enclosed to Circular 03/2014/TT-BLDTBXH dated 20/01/2014 by the Ministry of Labor, Invalids and Social Affairs detailing instruction on implementing some articles of Decree 102/2013/ND-CP
- For overseas worker having received the work permit but appointed to other branch, representative office or workplace of the employer in or in other province, city for at least 10 days in 1 month or at least 30 accrual days in 01 year, the employer should prepare a notice detailing working time, position of the overseas worker in the targeted province, city as well as copy of the issued work permit to submit to the Department of Labor, Invalids and Social Affairs near workplace of the overseas worker.
Upon receiving the work permit in Vietnam, it requires to apply for temporary residence certificate basing on term of the work permit. In Vietnam, term of the work permit is 02 years, therefore, term of the temporary residence certificate should not exceed 02 years.
Dossiers to apply for temporary residence certificate include:
- Proposal by the agency, organization, individual who prepares the invitation, guarantee (generally, the employer)
- Statement detailing application for temporary residence certificate with photo: Form NA8 enclosed to Circular 04/2015/TT-BCA indicates Forms related to Immigration/Emigration, residence of the overseas worker in Vietnam. This statement is signed with full name by the applicant for temporary residence certificate. Agency, organization who guarantees should put affixed seal to the photo, statement and seal to the other side;
- Passport of the applicant for temporary residence certificate;
- Work permit of the applicant for temporary residence certificate.
Conditions before employment of overseas worker
- Annually, employer, except the contractor, should determine demand for overseas workers for the positions beyond capability of Vietnamese workers and report to the provincial, Central city People’s Committee (hereinafter referred to the provincial People’s Committee) where the employer’s head-office is located. In case of any change of overseas worker, the employer should report to the provincial People’s Committee.
- Chairman of the provincial People’s Committee will approve in writing for employer’s use of overseas workers in specific positions.
- It takes at least 30 working days to receive approval from Chairman of the provincial People’s Committee.
Enterprises and organizations allowed to employ overseas workers
- Enterprises operating under the Enterprise Law, Investment Law or the international treaty which Vietnam is a membership;
- Overseas or domestic contractor (main contractor, sub-contractor) taking part in bidding and contracting;
- Representative office, branch of the enterprise, agency, organization and contractor approved for establishment by the competent agency;
- State agencies;
- Politic organization, politic – social organization, politic – social – occupational organization, social organization, social – occupational organization, overseas non-profit organization, international organization in Vietnam;
- Occupational organization established in accordance with legal regulations;
- Overseas project office or international organization in Vietnam;
- Managing office of the contracted overseas joint venture partner in Vietnam;
- Lawyer organizations in Vietnam operated in accordance with legal regulations;
- Collective, collective alliance incorporated and operated under the Law on Collectives;
- Association, enterprise association established in accordance with legal regulations;
- Business household, individual licensed to do business in accordance with legal regulations.
The following workers working in Vietnam should apply for Work Permit:
- Worker working under a labour contract;
- Worker required to travel intra-enterprise;
- Worker in charge of carrying out economic, commercial, financial, banking, insurance, scientific and technical, cultural, sport, educational, vocational training and medical contracts;
- Contract-based service provider;
- Service provider;
- Worker working for an overseas non-government organization, international organization in Vietnam licensed to operate under Vietnam’s legal regulations;
- Worker in charge of developing commercial presence;
- Manager, managing director, expert, technician;
Following workers are not required to apply for work permit
- Capital contributor or owner of a limited liability company
- Member of the Management Board of a joint stock company
- Manager of representative office, project of an international organization, non-government organization in Vietnam
- The person staying in Vietnam less than 3 months for service offering
- The person staying in Vietnam less than 3 months to solve problems, technical and complex technical cases which may negatively influence production and trading activities beyond capability of both Vietnamese experts and overseas experts in Vietnam.
- Overseas lawyer having been licensed to work in Vietnam in accordance with the Lawyer Law.
- According to the International Treaty which Vietnam is a member.
- The pupil, student studying and working in Vietnam, this case, the employer should report 7 days in advance to the state agency.
- The person required to travel intra-enterprise to offer one of 11 services committed by Vietnam to the World Trade Organization, including: trading; communication; construction; distribution; education; environment; finance; medicine; tourism; cultural entertainment and transport;
The Ministry of Industry and Commerce instructs how to determine the overseas worker required to travel intra-enterprise for purpose related to the said 11 services.
- The person coming to Vietnam to provide consultancy on professionalism and technology or conduct other duties to support researching, developing, appraising, following, assessing, managing and implementing ODA programs, projects as regulated or agreed in the ODA international treaty signed between Vietnamese competent agencies and overseas counterparts;
- The person licensed by the Ministry of Foreign Affairs to work in field of communication and press in Vietnam in accordance with legal regulations;
- Teachers of overseas agency, organization dispatched by competent agency of that country to Vietnam to teach at an international school managed by the overseas diplomatic representative agency or international organization in Vietnam;
Overseas worker as stipulated in Point d and Point e, Clause 2 of this Article should apply for confirmation by the overseas diplomatic representative agency or international organization in Vietnam.
- The person holding degree of Master or higher in charge of consulting, teaching and doing scientific research at the university, vocational training college for not more than 30 days.
The university, vocational training college should issue confirmation detailing that the overseas worker is assigned to consult, teach and do scientific research.
- Overseas worker coming to Vietnam to realize international agreement which the National, provincial state agency and the National politic – social organization have signed in accordance with legal regulations;
National-level state agency, provincial level agency and National politic-social organization should report to the competent agency in charge of issuing the work permit indicating that the overseas worker is dispatched to Vietnam to realize the international agreements having been signed by these agencies and organizations.
- Other cases determined by the Prime Minister under the proposal made by the Ministry of Labor, Invalids and Social Affairs
- Providing consultancy on Criminal Record for foreigner in Vietnam (to apply for criminal record, the foreigner should have temporary residence confirmation in Vietnam);
- Providing consultancy on work permit for foreigner as stipulated;
- Providing consultancy on health examination in Vietnam to apply for work permit;
- Translating, notarizing translation and legalizing dossiers for the work permit;
- Providing consultancy on conditions of work permit in Vietnam;
- Completing the dossiers of work permit for customers;
- Providing consultancy on who is not required to apply for work permit and helping that person apply for confirmation;
- Fulfilling procedures on applying for work permit at State’s competent agencies.
- Providing consultancy, guiding to apply for temporary residence certificate for foreigner after he/she receives the work permit.