Vietnam Work permit

WHAT IS VIETNAM WORK PERMIT?

Vietnam Work Permit is issued by 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, permitting foreign labors to work legally in Vietnam. Vietnam Work Permit offers the duration of 2 years in maximum.

What are features and benefits of Vietnam Work Permit?
+ Foreign national is not permitted to apply for Vietnam Work Permit by his/her own. Work Permit will be issued under your employers’ guarantee.
+ Vietnam Work Permit is issued to all foreign labors working in Vietnam and supplying all documents required to apply for Work Permit.
+ The processing time: 7 working days
+ The duration of a work permit shall not exceed 02 years. It is one of the most important conditions for foreign labors to obtain a long-term visa or 1-2 year temporary residence card.
+ Vietnam Work Permit need reissued when foreign labors change any information on their passport
+ Reissuance of Work Permit will be allowed if the employer and employee continue to work together.
Who are employers of foreign workers?
a) Enterprises operating pursuant to the Law on Enterprises and the Law on Investment or international treaties to which the Socialist Republic of Viet Nam is a signatory;
b) Foreign or domestic contractors participating in tendering, carrying out a contract in Viet Nam;
c) Representative offices and branches of an enterprise, agency or organization permitted to be established by the competent authority;
d) State agencies, political, socio-political, socio-occupational-political, social and socio-occupational organizations;
dd) Foreign non-governmental organizations and international organizations in Viet Nam;
e) State professional units established pursuant to the law;
g) Foreign project offices or offices of international organizations in Viet Nam;
h) Operating offices of a foreign investor pursuant to business cooperation contracts or foreign contractors permitted for registration pursuant to the law;
i) Organizations practising law in Viet Nam in accordance with the law;
k) Cooperatives and co-operative groups established and operating pursuant to the Law on Cooperatives;
l) Associations and business associations established in accordance with the law;
m) Business households and individuals permitted to do business in accordance with the law.
What are conditions for issuance of Vietnam Work Permit?
+ There is capacity for civil acts fully accordance with the law
+ There is health fit with the job requirements
+ Being manager, executive director, expert or technician
+ Not offenders or being prosecuted for criminal liability accordance with the law of Vietnam or foreign law
+ Being approved in writing by the competent state agencies on the use of foreign workers
Who are exempted from Vietnam Work Permit?

According to Decree No.11/2016/ND-CP, cases of foreign workers exempted from Vietnam Work Permit includes:

1. Foreign citizen working in Vietnam not subject to the grant of work permit stipulated in Labor Code:

+ As contributing member, or owners of limited liability company.

+ As a member of the Board of Directors of the Joint Stock Company

+ As a Head of Representative Office, project of international organization, non-governmental organizations in Vietnam.

+ Coming to Vietnam with a period of less than 03 months to offer services

+ Coming to Vietnam with a period of less than 03 months to handle the problem, technical situation and complex technology arising that affect or threaten to affect the production and business that the Vietnamese and foreign experts currently in Vietnam cannot be handled.

+ As a foreign lawyer who has been licensed to practice law in Vietnam under the Law on Lawyers

+ Under the provisions of international agreement in which the Socialist Republic of Vietnam is a member.

+ As students who are studying and working in Vietnam, but the employer must give a notice 07 days in advance to the provincial state management agency on labor

2. Other cases of foreign workers exempt from work permits, including:

a) Foreign workers who are internally transferred within an enterprise operating in the 11 service sectors in the list of Viet Nam’s commitments on services to the World Trade Organization, including: business, communication, construction, distribution, education , environment, finance, healthcare, tourism, cultural entertainment and transport;

b) Foreign workers entering Viet Nam to provide advisory services and technical expertise or perform other tasks serving research, construction, appraisal, monitoring and evaluation, management and implementation of programs/projects funded with official development assistance (ODA) as specified and agreed in international agreements on ODA between competent authorities of Viet Nam and other countries;

c) Foreign workers who are issued with a license for the practice of journalism in Viet Nam by the Ministry of Foreign Affairs in accordance with the law;

d) Foreign workers who are teachers of foreign organizations that are sent to Viet Nam by such organizations to teach and research in international schools under the management of foreign diplomatic missions or international organizations in Viet Nam or permitted by the Ministry of Education and Training to teach and research in Viet Nam’s education and training  institutions;

dd) Volunteers certified by foreign diplomatic missions or international organizations in Viet Nam;

e) Foreign workers coming to Viet Nam to work as experts, managers, executive directors or technical employees with a period of less than 30 days and no more than 90 cumulative days in 01 years;

g) Foreign workers entering Viet Nam to implement international agreements to which central and local state agencies are signatories  as prescribed by the law;

h) Students studying in foreign schools and institutions having agreements on internship in agencies, organizations and enterprises in Viet Nam;

i) Family members of diplomatic agents of foreign diplomatic missions in Viet Nam permitted for working by the Ministry of Foreign Affairs, except where international treaties to which the Socialist Republic of Viet Nam is a signatory that contains provisions different from this;

k) Foreign workers who have official passports to work for state agencies, social organizations and socio-political organizations;

l) Other cases decided by the Prime Minister at the proposal of the Ministry of Labor – Invalids and Social Affairs.

What is “Expert” according to Decree no. 11/2016/ ND-CP?

According to Decree no. 102/2013/ND-CP, Specialist means a foreign worker who is recognized by a foreign country as specialist or who possesses an engineer, bachelor or equivalent or higher degree and has worked for at least 5 years in his/her trained discipline.

This definition of “Expert” is changed according to Decree No.11/2016/ND-CP:

Foreign employees are deemed as specialists when they satisfy one of the following requirements:

+    When the said employee is in possession of a written document that verifies their position as a specialist of an office, organization or enterprise overseas.

+    When the said employee has a minimum of a university degree or a certificate of equivalent value, and no less than three years’ experience working in a specialized field appropriate to his or her expected position in Viet Nam. Other special cases shall be examined and decided by the Prime Minister.

What are “Manager and CEO” according to Decree No. 11/2016/ND-CP?

According to Decree No.11/2016/ND-CP, the definitions of "Manager and Chief Executive Officer" are clear:

+ Manager position: Manager of an enterprise means a manager of a company or a manager of a private enterprise, comprising the owner of a private enterprise, an unlimited liability partner, the chairman of a members’ council, a member of a members’ council, the chairman of a company, the chairman of a board of management, a member of a board of management, a director or general director, and an individual holding another managerial position, who is authorized to enter into transactions of the company in the name of the company as stipulated in the charter of the company

+ A chief executive officer (CEO) is the leader who directly manages subordinate units of an office, organization or enterprise.

What are documents required for Vietnam Work Permit?

According to Decree No. 11/2016/ND-CP, documents required to apply for Vietnam Work Permit includes:

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.

The judicial record or written document confirming the foreign worker is not an offender or being prosecuted for criminal liability 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

For some occupations and jobs, proof of professional qualifications and skills of foreign workers shall be replaced by one of the following documents:

a) Certificate of recognition for artisan traditional crafts by the competent authorities of foreign countries;

b) Proof of experience of foreign football players;

c) Aircraft pilot license by the competent authorities of Viet Nam for foreign pilots;

d) Aircraft maintenance license by the competent authorities of Viet Nam for foreign workers working as aircraft maintenance.

5. 02 color photos (size 4cm x 6cm, white background, front, bareheaded, without sunglasses), taken within 06 months prior to the application date.

6. A certified copy of passport or valid papers or international travel documents in accordance with the law.

7. Documents relating to the foreign worker

a) Foreign worker stipulated under Point b, Clause 1 of Article 2 of this Decree must provide an appointment letter of the foreign enterprise assigning the foreign worker to work in the commercial presence of the foreign enterprise within the territory Viet Nam and proof of employment for the enterprise for at least 12 months prior to working in Viet Nam;

b) Foreign worker stipulated under Point c, Clause 1 of Article 2 of this Decree must provide a contract or agreement between Vietnamese and foreign partners, which must include an agreement on the foreign worker working in Viet Nam;

c) Foreign worker stipulated under Point d, Clause 1 of Article 2 of this Decree must provide a service contract between Vietnamese and foreign partners and proof of employment for the foreign enterprise which does not have a commercial presence in Viet Nam for least 02 years;

d) Foreign worker stipulated under Point dd, Clause 1 of Article 2 of this Decree must provide an appointment letter of the service provider assigning the foreign worker to come to Viet Nam to negotiate on service provision;

dd) Foreign worker stipulated under Point e, Clause 1 of Article 2 of this Decree must provide a certificate of the foreign non-governmental organization and international organization permitted to operate in accordance with Viet Nam law;

e) Foreign worker stipulated under Point h, Clause 1 of Article 2 of this Decree must provide a written appointment letter of the service provider assigning the foreign worker in Viet Nam to establish a commercial presence of the service provider;

g) Foreign worker stipulated under Point i, Clause 1 of Article 2 of this Decree engaging in activities of the foreign enterprise, which have established a commercial presence in Viet Nam, must provide proof that the foreign worker has engaged in activities of the foreign enterprise.

What should you do if your application for Work Permit is refused?

Nowadays, the proportion of unskilled foreign labors is increasing more and more. Therefore, Vietnam Government sets the stringent standards to decrease the number of unskilled foreign labors and those who do not have clear criminal record, promoting all companies in Vietnam to take advantage of Vietnamese labors. This is reason for many Vietnam Work Permit refusals. 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 will refuse in some case such as your company employs the number of foreign labors exceed the permitted rate, the job position is not matched to your business fields or foreign labors cannot meet the professional qualifications or experience required for the position. Even the cases that employers of foreign workers violated regulations on using and managing labors will be refused.

Refusal does not mean that employers cannot apply for Vietnam Work Permit again. We need to review the reason of refusal given in the replying letter from The Department of Labor, Invalids and Social Affairs or the Management Board of Industrial Zone, processing and export area. We should follow their suggestion and give solution for each problem with application.

Each document offer the duration of 6 months, except for Health Check (valid to 12 months) thus you should take this time to prepare carefully dossiers to obtain Vietnam Work Permit timely.

WHY YOU SHOULD ASK FOR HELP FROM VIETNAM-LEGAL.COM?

Normally, The Department of Labor, Invalids and Social Affairs or the Management Board of Industrial Zone, processing and export areas in all provinces have too many problems related to Labor, Invalids and Socials Affairs to solve, so it’s too difficult for them to give the detail answer for each question. Thus, to avoid wasting time and process the application fast and simply, asking for help from a consulting agent – Vietnam-legal.com is the best solution for each situation.

Vietnam-legal.com always explore, scrutinize all legal documents, policies of Government on foreign labor management, find out all features of each job position, business field of each employer, giving the best consulting and solution. With many years of experience in this field, we can find out and give solution for all problems in your application. We are confident that Vietnam-legal is your trust partner in Vietnam Work Permit Consulting.

From April 1st, 2016, procedures dossiers to apply for Vietnam Work Permit are stipulated in Decree 11/2016/ND-CP.

With the expectation of supporting our valued customers on applying for Vietnam Work Permit, Vietnam-legal.com would like to give the instruction to prepare documents and procedures.

LEGAL GROUNDS:

1. Decree No. 11/2016/ND-CP Guiding Some Articles of The Labor Code on Foreign Workers in Vietnam

2. Labor code no. 12/2012/QH13 dated June 18, 2012 was valid from May 01, 2013

Dossier of application for a work permit:

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.

The judicial record or written document confirming the foreign worker is not an offender or being prosecuted for criminal liability 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

For some occupations and jobs, proof of professional qualifications and skills of foreign workers shall be replaced by one of the following documents:

a) Certificate of recognition for artisan traditional crafts by the competent authorities of foreign countries;

b) Proof of experience of foreign football players;

c) Aircraft pilot license by the competent authorities of Viet Nam for foreign pilots;

d) Aircraft maintenance license by the competent authorities of Viet Nam for foreign workers working as aircraft maintenance.

5. 02 color photos (size 4cm x 6cm, white background, front, bareheaded, without sunglasses), taken within 06 months prior to the application date.

6. A certified copy of passport or valid papers or international travel documents in accordance with the law.

7. Documents relating to the foreign worker

a) Foreign worker stipulated under Point b, Clause 1 of Article 2 of this Decree must provide an appointment letter of the foreign enterprise assigning the foreign worker to work in the commercial presence of the foreign enterprise within the territory Viet Nam and proof of employment for the enterprise for at least 12 months prior to working in Viet Nam;

b) Foreign worker stipulated under Point c, Clause 1 of Article 2 of this Decree must provide a contract or agreement between Vietnamese and foreign partners, which must include an agreement on the foreign worker working in Viet Nam;

c) Foreign worker stipulated under Point d, Clause 1 of Article 2 of this Decree must provide a service contract between Vietnamese and foreign partners and proof of employment for the foreign enterprise which does not have a commercial presence in Viet Nam for least 02 years;

d) Foreign worker stipulated under Point dd, Clause 1 of Article 2 of this Decree must provide an appointment letter of the service provider assigning the foreign worker to come to Viet Nam to negotiate on service provision;

dd) Foreign worker stipulated under Point e, Clause 1 of Article 2 of this Decree must provide a certificate of the foreign non-governmental organization and international organization permitted to operate in accordance with Viet Nam law;

e) Foreign worker stipulated under Point h, Clause 1 of Article 2 of this Decree must provide a written appointment letter of the service provider assigning the foreign worker in Viet Nam to establish a commercial presence of the service provider;

g) Foreign worker stipulated under Point i, Clause 1 of Article 2 of this Decree engaging in activities of the foreign enterprise, which have established a commercial presence in Viet Nam, must provide proof that the foreign worker has engaged in activities of the foreign enterprise.

The papers mentioned above are originals or copies each; the papers that are made in foreign languages are exempted from consular legalization but must be translated into Vietnamese and certified in accordance with Vietnamese law.

VIETNAM-LEGAL.COM PROVIDES CONSULTING SERVICES FOR:

+ Conditions, procedures to apply for Vietnam Work Permit;

+ Documents to obtain Vietnam Criminal Record (Foreigners cannot obtain Vietnam criminal record without temporary residential certificate)

+ Guidance to get Health Check in Vietnam

+ Translation, notarization, and consular legalization for all documents necessary for Vietnam Work Permit application

+ Completing the documents

+ Submitting documents to competent authorities

For any information related to Vietnam Work Permit Issuance, please feel free to contact Vietnam-legal.com.

Contact us

Re-issuance of Vietnam Work Permit is stipulated in Decree No. 11/2016/ND-CP.

I. Cases eligible for reissuance of work permits

1. Work permit within validity period is lost, damaged or content of the work permit was changed, except for cases stipulated under Clause 8 of Article 10 of Decree No. 11/2016/ND-CP

2. Work permit valid for at least 05 days but not more than 45 days.

II. Application file for reissuance of a work permit

1. Request for re-issuance of a work permit from the employer in accordance with regulations of the Ministry of Labor – Invalids and Social Affairs.

2. 02 color photos (size 4cm x 6cm, white background, front, bareheaded, without sunglasses), taken within 06 months prior to the application date.

3. The work permit issued previously in cases where:

a) The work permit is lost as stipulated under Clause 1 of Article 13 of this Decree, confirmation by the commune-level police department of Viet Nam or foreign competent authority in accordance with the law shall be required;

b) Content in the work permit is changed as stipulated under Clause 1 of Article 13 of this Decree, evidence shall be required;

c) The work permit is valid for at least 05 days but not more than 45 days as stipulated under Clause 2 of Article 13 of this Decree, it requires a health certificate or medical examination certificate as stipulated under Clause 2 of Article 10 of this Decree and one of the documents specified in Clause 7 of Article 10 of this Decree;

d) The work permit has been issued for the foreign worker pursuant to Decree No. 102/2013/ND-CP dated September 5, 2013 of the Government detailing the implementation of some articles of the Labor Code on foreign workers in Viet Nam, evidence to prove eligibility for requirements stipulated in Clause 3 or 4 or 5 of Article 3 of Decree No. 11/2016/ND-CP shall be required.

4. Documents mentioned above include 01 photocopy to be collated with the original or 01 certified copy. Foreign documents are exempt from consularization, but must be translated into Vietnamese and certified in accordance with the law of Viet Nam.

With expectation of supporting you in Vietnam Work Permit, Vietnam-legal.com would like to provide:

+ Conditions, procedures to apply for Vietnam Work Permit;

+ Documents to obtain Vietnam Criminal Record (Foreigners cannot obtain Vietnam criminal record without temporary residential certificate)

+ Guidance to get Health Check in Vietnam

+ Translation, notarization, and consular legalization for all documents necessary for Vietnam Work Permit application

+ Completing the documents

+ Submitting documents to competent authorities

Competent authorities where accept and re-grant Vietnam Work Permit:

Depend on the managing authority; enterprises can submit Vietnam Work Permit application to Provincial Department of Labors, Invalids and Social Affairs, the Management Board of Industrial Zone, processing and export area.

For any information related to Vietnam Work Permit Issuance, please feel free to contact Vietnam-legal.com.

Contact us

I. Legal Grounds

1. Decree No. 11/2016/ND-CP Guiding Some Articles of The Labor Code on Foreign Workers in Vietnam

2. Labor code no. 12/2012/QH13 dated June 18, 2012 was valid from May 01, 2013

II. Cases of foreign workers exempt from work permits according to Decree No.11/2016/ND-CP:

1. Foreign citizen working in Vietnam not subject to the grant of work permit stipulated in Labor Code:

+ As contributing member, or owners of limited liability company.

+ As a member of the Board of Directors of the Joint Stock Company

+ As a Head of Representative Office, project of international organization, non-governmental organizations in Vietnam.

+ Coming to Vietnam with a period of less than 03 months to offer services

+ Coming to Vietnam with a period of less than 03 months to handle the problem, technical situation and complex technology arising that affect or threaten to affect the production and business that the Vietnamese and foreign experts currently in Vietnam cannot be handled.

+ As a foreign lawyer who has been licensed to practice law in Vietnam under the Law on Lawyers

+ Under the provisions of international agreement in which the Socialist Republic of Vietnam is a member.

+ As students who are studying and working in Vietnam, but the employer must give a notice 07 days in advance to the provincial state management agency on labor

2. Other cases of foreign workers exempt from work permits, including:

a) Foreign workers who are internally transferred within an enterprise operating in the 11 service sectors in the list of Viet Nam’s commitments on services to the World Trade Organization, including: business, communication, construction, distribution, education , environment, finance, healthcare, tourism, cultural entertainment and transport;

b) Foreign workers entering Viet Nam to provide advisory services and technical expertise or perform other tasks serving research, construction, appraisal, monitoring and evaluation, management and implementation of programs/projects funded with official development assistance (ODA) as specified and agreed in international agreements on ODA between competent authorities of Viet Nam and other countries;

c) Foreign workers who are issued with a license for the practice of journalism in Viet Nam by the Ministry of Foreign Affairs in accordance with the law;

d) Foreign workers who are teachers of foreign organizations that are sent to Viet Nam by such organizations to teach and research in international schools under the management of foreign diplomatic missions or international organizations in Viet Nam or permitted by the Ministry of Education and Training to teach and research in Viet Nam’s education and training  institutions;

dd) Volunteers certified by foreign diplomatic missions or international organizations in Viet Nam;

e) Foreign workers coming to Viet Nam to work as experts, managers, executive directors or technical employees with a period of less than 30 days and no more than 90 cumulative days in 01 years;

g) Foreign workers entering Viet Nam to implement international agreements to which central and local state agencies are signatories  as prescribed by the law;

h) Students studying in foreign schools and institutions having agreements on internship in agencies, organizations and enterprises in Viet Nam;

i) Family members of diplomatic agents of foreign diplomatic missions in Viet Nam permitted for working by the Ministry of Foreign Affairs, except where international treaties to which the Socialist Republic of Viet Nam is a signatory that contains provisions different from this;

k) Foreign workers who have official passports to work for state agencies, social organizations and socio-political organizations;

l) Other cases decided by the Prime Minister at the proposal of the Ministry of Labor – Invalids and Social Affairs.

III. Procedures, processing time to certifying foreign workers exempted from work permit

1. A dossier of request for certification of exemption from work permit comprises:

a) Request for exemption from work permits;

b) Profile of the foreign worker comprising full name, age, gender, nationality, passport number, start date and end date of employment, job placement of the foreign worker;

c) Proof of eligibility for work permit exemption;

d) Proof of eligibility for work permit exemption include 01 photocopy to be collated with the original or 01 certified copy. Foreign documents are exempt from consularization, but must be translated into Vietnamese and certified in accordance with regulations of Viet Nam.

2. Processing time: 03 working days

3. Applicable entities: Organizations, companies, enterprises

4. Competent authority: Department of Labors, Invalids, and Social Affairs

5. Result: Certification of exemption from Vietnam Work Permit

For any information related to “Certification of exemption from Vietnam Work Permit”, please feel free to contact Vietnam-legal.com.

Contact us

consular legalization for documents issued in India

Consular Legalization For Documents Issued In INDIA

Vietnam-legal.com provides consular legalization service for all documents issued in INDIA. They are legalized at competence Authorities, Ministry of Foreign Affairs and Embassy of Vietnam in INDIA. Then, when your documents get back Vietnam, you can do the translation and notarization to be used in Vietnam. Documents are required to get consular legalization including: – Education Certificate, diploma, transcript – Employment certificate – Letter of...

Read More


Legalization for Documents issued in South Korea

Consular Legalization For Documents Issued in South Korea

Vietnam-legal.com continues to provide consular legalization service for all documents issued in South Korea. They are legalized at Ministry of Foreign Affairs and Embassy of Vietnam in South Korea. Then, when your documents get back Vietnam, you can do the translation and notarization to be used in Vietnam. Documents are required to get consular legalization including: –    Education Certificate, diploma, transcript –    Employment certificate...

Read More


Work Permit & Residence Card For Foreign Labors Working In Vinh Phuc

Work Permit & Residence Card For Foreign Labors Working In Vinh Phuc

–    Your company, branch, and representative office are located in Vinh Phuc. –    Your company’s location is in or out of industrial zone? –    Your company wants to recruit new foreign labors for new job position or continue to work with current foreign labors? –    Your company wants to apply a new Work Permit/ extend work Permit or Work Permit Exemption...

Read More


vietnam-work-permit

Work Permit Consulting For Foreign Labors In Vietnam

There are some foreign labors working for your company and you want to get some information about: + Are foreign labors eligible to apply for Vietnam Work Permit? + Are their documents issued in foreign countries suitable for their job position and legal to use in Vietnam? + Who are exempted from Vietnam Work Permit? + How to apply for Vietnam Work Permit or Work...

Read More


Vietnam Work Permit Exemption

Long-Term Visa/ Temporary Residence Card For Foreign Workers Exempted From Vietnam Work Permit

Legal Grounds: Decree No.11/2016/ND-CP guiding some articles of the Labor Code on foreign workers in Vietnam, valid from 01 April 2016. Law No.47/2014/QH13 on Entry, Exit, Transit, and Residence of foreigners in Vietnam, valid from 01 January 2015 Circular No. 41/2014/TT-BCT dated November 5,2014 stipulating foundations, procedures to define foreign laborers’ internal movement in enterprises operating in 11 service sectors specified in Vietnam’s commitment schedule...

Read More


Page 1 of 3123