SERVICE FOR ISSUING WORK PERMITS FOR FOREIGNERS IN VIETNAM

SERVICE PROVISION PROCESS AT VINASC:

Step 1. Vinasc receives information regarding the issuance of a work permit for your foreign employee with the following basic details:

• Personal information of the foreign worker requesting a work permit: Passport, employment contract.
• Information of the company intending to employ the foreign worker: Enterprise registration certificate; investment registration certificate; approval letter for the demand to employ foreign workers if the company has already been or is currently employing foreign workers.
• Information about the proposed job position: Manager/ Executive Director/ Specialist/ Technical Worker.
• Recruitment and employment situation of foreign personnel in the company: Total number of employees at the company; number of foreign workers currently employed; number of foreign workers expected to be recruited.

Step 2. Depending on the specific case, Vinasc will review and provide consultation and guidance related to the procedures for obtaining a work permit for foreign workers. Both parties will discuss to finalize the service content. Vinasc will then prepare the necessary documents based on the provided information for the company to verify.

Step 3. Vinasc guides the customer to prepare the following documents related to the work permit application procedure:

• Health certificate or medical examination certificate valid within 12 months. Note: Foreign workers can choose to have a medical examination at an authorized medical organization in Vietnam or abroad; if done abroad, the certificate must be legalized, translated into Vietnamese, and notarized.
• Judicial record or written confirmation that the foreign worker is not undergoing a criminal sentence, has no unexpunged conviction, and is not under criminal investigation, issued by a competent authority of the foreign country or Vietnam. Note: The judicial record or the above-mentioned confirmation must be issued within 6 months from the issuance date to the submission date. If issued by a foreign authority, it must be legalized, translated into Vietnamese, and notarized.
• Certified copy of a valid passport (minimum 6 months remaining).
• Documents proving the position of manager, executive director, specialist, or technical worker, including:
  • Manager, executive director: Company charter; business registration certificate; resolution/decision of appointment.
  • Specialist, technical worker: Certificates or diplomas in relevant fields; written confirmation from the foreign company regarding years of experience/or previously issued work permits/or confirmation of exemption from work permit issuance.
  • Intra-company transferee: Document from the foreign company assigning the worker to Vietnam; employment contract; proof that the worker has been employed by the foreign company for at least 12 continuous months before working in Vietnam.
• Two color photos (4cm x 6cm, white background, straight face, bareheaded, no colored glasses), taken within 6 months from the submission date.
• Certified copy of the enterprise registration certificate.
• Certified copy of the investment registration certificate.

The procedure for applying for a work permit requires various documents. We guide customers to provide the full set of documents at once. During the work permit process, customers do NOT need to submit additional documents and absolutely NO extra costs will incur during the process.

Step 4. Vinasc prepares the following documents and delivers them to the customer for signing:

• Application for explanation of the demand to employ foreign workers.
• Application for a work permit for foreign workers. The detailed list of documents will be provided specifically based on the customer’s actual situation.

Step 5. Receive and verify the authenticity of the documents from the customer.

Step 6. Submit the “Explanation of the demand to employ foreign workers” dossier:

• Result: Approval of the job positions using foreign workers by the employer.

Step 7. Submit the “Application for a work permit for foreign workers” dossier:

• Result: Work permit for the foreign worker.

Step 8. Deliver the specific results to the customer.

SPECIFIC RESULTS:

• Approval document/document of change in labor demand;
• Work permit for foreigners;

ESTIMATED IMPLEMENTATION TIME:

• Application for Approval Document/Document of Change in Labor Demand: 30 – 45 working days
• Application for Work Permit for Foreigners: 15 working days The estimated time above is calculated from the date Vinasc receives the complete dossier as per the requirements sent to you.

SOME REGULATIONS RELATED TO ISSUING WORK PERMITS FOR FOREIGNERS IN VIETNAM

Procedure for Applying for a Work Permit

According to Article 11 of Decree 152/2020/ND-CP, the process for issuing work permits is as follows:

1. Notification of Recruitment: At least 15 days before the expected date of reporting to the Ministry of Labor, War Invalids and Social Affairs (MOLISA) or the Department of Labor, War Invalids and Social Affairs (DOLISA) where the foreign worker is expected to work, the company must notify the recruitment of Vietnamese workers for the positions intended for foreign workers. This notification should be made on the electronic portal of MOLISA (Department of Employment) or the employment service center portal established by the Chairman of the provincial or city People’s Committee under central authority.
2. Submission of Application: At least 15 days before the foreign worker is expected to start working in Vietnam, the application for a work permit must be submitted to MOLISA or DOLISA where the foreign worker is expected to work.

If there are any changes in the demand for foreign workers regarding the position, job title, form of employment, quantity, or location, the employer must report to MOLISA or DOLISA using Form No. 02/PLI, Appendix I, issued with Decree 70/2023/ND-CP, at least 15 days before the anticipated use of foreign workers.

3. Evaluation and Issuance: The competent authority will review and either issue or deny the work permit. If the work permit is not issued, a written explanation with reasons will be provided.

Note: For foreign workers working in Vietnam under an employment contract, after obtaining the work permit, the employer and the foreign worker must sign an employment contract in writing according to Vietnamese law before the expected start date. The employer must also send the signed employment contract to the authority that issued the work permit.

Duration of the Work Permit

According to Article 155 of the Labor Code 2019, the work permit is valid for a maximum of 2 years. In case of renewal, it can only be extended once for a maximum period of 2 years.

Notes:

• The condition for renewal is that the issued work permit must be valid for at least 5 days but no more than 45 days.
• After one renewal, if the customer wishes to continue working in Vietnam, a new work permit application must be processed for the foreign worker.
• The duration of the work permit depends on the expected working time of the foreign worker in Vietnam or according to the employment contract duration, but not exceeding 2 years.

How are employees working in Vietnam without a Work Permit and employers using foreign workers without a Work Permit handled?

According to the provisions of Clauses 2, 3, and 4 of Article 32 of Decree 12/2022/ND-CP dated January 17, 2022, on sanctions against administrative violations in the fields of labor, social insurance, and Vietnamese workers working abroad under contracts. Specifically:

“2. A fine ranging from VND 5.000.000 to VND 10.000.000 per employee but not exceeding VND 75.000.000 shall be imposed upon an employer for hiring a foreign employee against his/her work permit or certification of eligibility for work permit exemption, unless otherwise prescribed by law.

3. A fine ranging from VND 15.000.000 to VND 25.000.000 shall be imposed upon a foreigner working in Vietnam for commission of one of the following violations:
4. a) Failing to obtain a work permit or certification of eligibility for work permit exemption when working in Vietnam as prescribed by law;
5. b) Using an expired work permit or certification of eligibility for work permit exemption.
6. The following fines shall be imposed upon an employer for hiring a foreign employee who does not have a work permit or certification of eligibility for work permit exemption or who uses an expired one to work in Vietnam:
7. a) A fine ranging from VND 30.000.000 to VND 45.000.000 shall be imposed if the violation involves 01 – 10 employees;
8. b) A fine ranging from VND 45.000.000 to VND 60.000.000 shall be imposed if the violation involves 11 – 20 employees;
9. c) A fine ranging from VND 60.000.000 to VND 75.000.000 shall be imposed if the violation involves 21 employees or more.
10. Additional penalties:

Foreign employees are expelled from Vietnam in case of commission of the violation in Clause 3 of this Article.”

*Note: The above is the fine for individuals, the fine for organizations is twice the fine for individuals. Thus, when there is a violation regarding the Work Permit, both the foreign worker and the enterprise employing the foreign worker will be subject to administrative sanctions. The administrative penalty can be up to 150,000,000 VND and other additional penalties.

*Summary Table of Required Documents

No.	Required documents	Implementer
		Customer (1)	Vinasc Group (2)	Vinasc Group handles on behalf of our client (3)
NEW WORK PERMIT APPLICATION FOR MANAGERS
1	Health certificate or medical examination certificate valid for 12 months (if issued abroad, it must be consular legalized, notarized, and translated)	X
2	Judicial record certificate (not older than 6 months, if issued abroad, it must be consular legalized, notarized, and translated)	X
3	02 color photos (4cm x 6cm, white background, straight face, bareheaded, no colored glasses)	X
4	Notarized copy of Enterprise Registration Certificate			X
5	Notarized copy of Investment Registration Certificate			X
6	Company charter			X
7	Appointment decision			X
8	Notarized copy of foreign passport			X
9	Application for approval of the need to use foreign workers		X
10	Work permit application		X
NEW WORK PERMIT APPLICATION FOR EXPERTS
1	Health certificate or medical examination certificate valid for 12 months (if issued abroad, it must be consular legalized, notarized, and translated)	X
2	Judicial record certificate (not older than 6 months, if issued abroad, it must be consular legalized, notarized, and translated)	X
3	University degree or higher	X
4	Certificate of work experience relevant to the job position (at least 3 years of experience)	X
5	02 color photos (4cm x 6cm, white background, straight face, bareheaded, no colored glasses)	X
6	Notarized copy of Enterprise Registration Certificate			X
7	Notarized copy of Investment Registration Certificate			X
8	Notarized copy of foreign passport			X
9	Application for approval of the need to use foreign workers		X
10	Work permit application		X
NEW WORK PERMIT APPLICATION FOR TECHNICAL WORKERS
1	Health certificate or medical examination certificate valid for 12 months (if issued abroad, it must be consular legalized, notarized, and translated)	X
2	Judicial record certificate (not older than 6 months, if issued abroad, it must be consular legalized, notarized, and translated)	X
3	Certificate of work experience relevant to the job position (at least 3 years)	X
4	Training certificate of at least 1 year	X
5	02 color photos (4cm x 6cm, white background, straight face, bareheaded, no colored glasses)	X
6	Notarized copy of Enterprise Registration Certificate			X
7	Notarized copy of Investment Registration Certificate			X
8	Notarized copy of foreign passport			X
9	Application for approval of the need to use foreign workers		X
10	Work permit application		X
WORK PERMIT RENEWAL
1	Copy of signed labor contract/ Appointment decision/ Document assigning the employee to work in Vietnam			X
2	Notarized copy of the employee’s passport			X
3	Notarized copy of Enterprise Registration Certificate			X
4	Notarized copy of Investment Registration Certificate			X
5	02 color photos (4cm x 6cm, white background, straight face, bareheaded, no colored glasses)	X
6	Valid work permit	X
7	Health certificate or medical examination certificate valid for 12 months (if issued abroad, it must be consular legalized, notarized, and translated)	X
8	Application for approval of the need to use foreign workers		X
9	Work permit renewal application		X

(*) According to the process, the client is responsible for preparing the documents in column (1) and Vinasc will be responsible for the documents in column (2).

(*) In some cases, if the client has difficulty preparing the documents, Vinasc can prepare the documents in column (3) on their behalf. However, in this situation, we have to consider each specific case and the following issues may arise:

• Additional costs for document preparation (these costs will vary depending on the government agency, and the legal regulations in Vietnam also vary from time to time)
• Additional time incurred due to the preparation of these documents

(*) During the preparation time, the client should scan all the above documents so that we can prepare the documents in a timely manner.

(*) In some special situations, the government agency may request additional information to supplement the application. Such as Tax Report…

For any information regarding the issuance of work permits for foreigners working in Vietnam, please contact Vinasc Group Joint Stock Company for detailed advice.