Work Permit Services for Foreign Workers in Vietnam

What Is a Work Permit?

Currently, there is no legal document explicitly defining the concept of a work permit. However, based on existing regulations, a work permit can be understood as a legal document issued by the state labor authority in Vietnam, authorizing foreign nationals to work legally in the country. This document not only confirms the legal work rights of foreign employees but also protects their rights throughout their employment in Vietnam.

Regulations on Work Permits for Foreign Workers in VietnamAccording to Article 11 of Decree 152/2020/ND-CP and the guidance provided in Decision 526/QD-LDTBXH in 2021, a valid work permit must be issued by the State labor management authorities in Vietnam, including:

1. Department of Employment under the Ministry of Labor, Invalids and Social Affairs

Responsible for issuing work permits to foreign workers employed at specific agencies and organizations such as:

• International organizations and foreign project offices in Vietnam.
• State agencies, political organizations, social organizations, educational institutions, or foreign non-governmental organizations authorized by the government.
• Enterprises headquartered in one province or city with representative offices or branches in other locations.

2. Provincial Departments of Labor, Invalids and Social Affairs (DOLISA)

Responsible for issuing work permits for other cases not under the jurisdiction of the Department of Employment, including agencies, organizations, and businesses operating locally.

A valid work permit includes detailed information about the foreign worker, such as:

• Full name, passport number, date of birth, and nationality.
• Name and address of the organization or workplace.
• Job position and duration of work.

Possessing a work permit not only confirms the legal right of foreign workers to work in Vietnam but also protects their rights throughout their employment.

At Vinasc, we provide professional consultation and assistance for obtaining work permits, ensuring clients complete the procedures quickly and accurately while adhering to Vietnam’s legal regulations.

Who Needs a Work Permit?

According to Article 2 of Decree 152/2020/ND-CP, any foreign national wishing to work legally in Vietnam must obtain a work permit if they fall into one of the following categories:

a) Performing labor contracts;
b) Internal transfer within an enterprise;
c) Executing contracts or agreements related to economics, trade, finance, banking, insurance, science, technology, culture, sports, education, vocational education, or healthcare;
d) Service providers under contracts;
e) Service sellers;
f) Working for foreign non-governmental organizations or international organizations authorized to operate in Vietnam;
g) Volunteers;
h) Responsible for establishing a commercial presence;
i) Managers, executives, experts, or technical workers;
k) Participating in project packages or contracts in Vietnam;
l) Family members of foreign representative agency staff allowed to work in Vietnam under international treaties to which Vietnam is a signatory.

Given the detailed regulations, the process of applying for a work permit can be challenging for both workers and businesses. Vinasc offers professional consultation and comprehensive support, from determining eligibility to preparing and processing applications, ensuring a smooth, accurate, and legally compliant process.

Benefits of Having a Work Permit – Work Permit Services for Foreign Workers in Vietnam

Possessing a work permit offers significant benefits for foreign workers in Vietnam, including:

• Legal Employment: A work permit is a legal document confirming that foreigners are authorized to work in Vietnam. This helps avoid legal risks such as administrative fines or deportation for labor and residence violations.
• Rights Protection: With a work permit, foreign workers are protected under Vietnam’s labor laws, ensuring fair working conditions, wages, work hours, rest periods, and other benefits.
• Participation in Social and Health Insurance: Foreign workers with work permits are eligible for mandatory social and health insurance in Vietnam, providing coverage for illness, maternity, occupational accidents, and retirement.
• Visa and Temporary Residence Extension: A work permit is a prerequisite for obtaining and renewing visas or temporary residence cards in Vietnam, facilitating long-term residence and travel.

Thus, a work permit not only enables foreign workers to work legally in Vietnam but also offers many rights and opportunities, improving their quality of life and work during their stay in the country.

Requirements for Obtaining a Work Permit in Vietnam

Vinasc provides the following information on the essential conditions for obtaining a work permit under current legal regulations. According to Clause 1, Article 151 of the Labor Code 2019, foreign workers in Vietnam must meet the following conditions to be granted a work permit:

• Age and Civil Capacity: Workers must be at least 18 years old and have full civil capacity as prescribed by law.
• Qualifications and Health: Workers must possess qualifications, technical skills, and relevant experience suitable for the job position, along with health conditions meeting job requirements as regulated by the Ministry of Health.
• Criminal Record: Workers must not be serving criminal sentences, have no criminal records, or not be under criminal investigation under the laws of Vietnam or their home countries.
• Approval Document: Workers must obtain a written approval for employing foreign labor from the competent authorities, except in cases where such approval is not required by law.

With extensive expertise in this area, Vinasc is committed to assisting clients in preparing applications and completing necessary procedures efficiently and in full compliance with legal regulations.

Validity and Scope of Work Permits

One common question among foreign workers and enterprises in Vietnam concerns the duration of a work permit. According to Article 10 of Decree 152/2020/ND-CP, the duration of a work permit is determined based on one of the following conditions but does not exceed two years:

• Duration of the labor contract.
• Period specified for dispatching workers to Vietnam.
• Validity of contracts or agreements between Vietnamese and foreign partners.
• Duration of service provision.
• Period specified for service negotiation in Vietnam.
• Validity of the organization or enterprise’s operation license.
• Period specified for establishing a commercial presence.
• Period specified for activities at a commercial presence.
• Validity of the approval document for employing foreign workers.

Scope of Validity:

A work permit is valid throughout Vietnam but only applies to:

• The specific job, position, and workplace listed on the permit.
• Workers must comply with the job scope and are not allowed to change employers, positions, or workplaces without authorization from the competent authorities.

Work Permit Services for Foreign Workers at Vinasc

Legal Consultation

• Provide detailed information on legal regulations, conditions, and procedures for obtaining a work permit.
• Assess the validity and eligibility of the client’s documents to offer the most optimal solutions.

Document Preparation

• Assist in drafting and completing all required documents in compliance with legal regulations.
• Ensure that all paperwork is accurate and complete, minimizing the need for additional submissions or corrections.

Submission and Monitoring

• Submit the application on behalf of the client to the relevant authorities (Department of Labor, Invalids and Social Affairs or the Department of Employment).
• Monitor the processing progress and promptly update the client on the application status.

Standardized Process for Work Permit Services at Vinasc

To assist foreign workers and businesses in Vietnam in completing the work permit application process efficiently, Vinasc has developed a professional, standardized procedure to ensure compliance with legal regulations. The detailed process is as follows:

• Step 1: Information Gathering and Initial Consultation
  • Collect information from clients regarding job positions, business fields, and the need to employ foreign workers.
  • Provide legal advice on the current regulations for obtaining work permits.
  • Evaluate the compliance of foreign workers and businesses with applicable conditions.
  • Develop a detailed, case-specific implementation plan.
    Processing time: Varies depending on the client’s specific situation.

• Step 2: Document Preparation and Client Confirmation

At this step, Vinasc assists clients in preparing all necessary documents accurately and thoroughly for the work permit application process.

Drafting documents:

• • Vinasc drafts all required papers and documents to ensure completeness and compliance with legal regulations.
  • Documents are customized to fit the client’s specific circumstances.

Sending and reviewing documents:

• • Vinasc sends the prepared documents to the client for review and signature.
  • A detailed checklist of additional documents required from the client is provided, along with instructions for preparation.

Receiving and verifying documents:

• • Once signed, Vinasc collects the completed documents and any additional materials from the client.
  • The documents are reviewed and verified to ensure accuracy and completeness before submission.
    Processing time: 1-3 working days for document preparation. The client’s preparation and signature time depend on their specific circumstances.
• Step 3: Notification of Vietnamese Labor Recruitment
  • Vinasc submits the labor recruitment notification to comply with legal requirements regarding prioritizing domestic labor.
  • Submission is made via:
    • The Ministry of Labor, Invalids, and Social Affairs (Department of Employment) online portal.
    • Local Employment Service Centers.
      Processing time: 15 days.

• Step 4: Submission of Foreign Labor Usage Explanation

  • Vinasc submits the foreign labor usage explanation to the relevant authorities.
  • Monitors the application review status and updates clients on the results.
    Processing time and approval: Approximately 21 working days.
    Once the explanation is approved, Vinasc proceeds to Step 5.
• Step 5: Submission of Work Permit Application
  • Vinasc submits the work permit application to the relevant authorities and monitors its progress.
  • Updates clients on the status of the application.
    Processing time and approval: 7-10 working days.
• Step 6: Receiving the Work Permit and Completing Procedures
  • Vinasc collects the work permit from the relevant authorities.
  • Delivers the work permit to the client.
  • Assists the client in finalizing a written labor contract and submitting the contract (original or certified copy) to the permitting authority.

Note: The labor contract must be signed before the foreign worker officially starts working in Vietnam.

Exemptions from Work Permit Requirements in Vietnam

According to Article 154 of the 2019 Labor Code and Article 7 of Decree 152/2020/ND-CP, certain categories of foreign workers are exempt from obtaining a work permit when working in Vietnam. These exemptions include the following individuals and conditions:

• Owners or capital-contributing members of limited liability companies with contributed capital of at least 3 billion VND.
• Chairpersons or members of the Board of Directors of joint-stock companies with contributed capital of at least 3 billion VND.
• Employees internally transferred within enterprises operating in 11 service sectors committed under WTO agreements, including business, information, construction, distribution, education, environment, finance, healthcare, tourism, culture and entertainment, and transportation.
• Heads of representative offices, project offices, or those with principal responsibilities for international organizations or NGOs operating in Vietnam.
• Individuals entering Vietnam for less than three months to offer services or address complex technical issues that cannot be resolved by local experts.
• Foreign lawyers granted practicing certificates in Vietnam under the Law on Lawyers.
• Persons married to Vietnamese citizens and residing in Vietnam.
• Participants in programs using official development assistance (ODA) under agreements or treaties to which Vietnam is a signatory.

• Foreign journalists licensed by the Ministry of Foreign Affairs to operate in Vietnam.

• Teachers or researchers working at international educational institutions or organizations under international agreements to which Vietnam is a party.
• Volunteers working without pay at non-profit, charitable, or non-governmental organizations.
• Foreign workers employed for less than 30 days and no more than three times per year as managers, executives, experts, or technical workers.
• Individuals working under international agreements signed between Vietnamese and foreign agencies or organizations.
• Students or interns working in Vietnamese enterprises or on Vietnamese vessels under cooperation agreements.
• Relatives of members of foreign diplomatic missions in Vietnam.
• Individuals holding official passports working in government agencies, political organizations, or socio-political organizations.
• Persons responsible for establishing a commercial presence in Vietnam.
• Educators or researchers certified by the Ministry of Education and Training.

Note on Work Permit Exemptions

Although exempt from work permits, foreign workers in these categories must still notify the relevant authorities. This involves submitting a notification dossier to the Department of Labor, Invalids and Social Affairs (DOLISA) or other competent authorities, depending on the specific case. Contact Vinasc for consultation and guidance in fulfilling these requirements.

Conclusion

Applying for a work permit for foreign workers is a critical process requiring accuracy and strict compliance with legal regulations. In the context of international integration and Vietnam’s economic development, possessing a work permit not only enables foreign workers to work legally but also opens up opportunities and benefits in terms of legal protection, insurance, and visas.

Vinasc is proud to be a trusted partner for businesses and foreign workers, providing professional consulting and support services for obtaining work permits in Vietnam. With a team of experienced experts, we are committed to:

• Comprehensive assistance through every step of the process.
• Fast and efficient support to ensure complete and compliant applications.
• Optimized solutions to save time and costs for clients.

Whether you are a business seeking international talent or a foreign worker looking to work in Vietnam, let Vinasc help you overcome all legal barriers and focus on your core business values. We are ready to accompany you on your journey to success!

Penalties for Violations – Work Permit Services for Foreign Workers in Vietnam

Based on Clause 4, Article 32 of Decree 12/2022/ND-CP, the following penalties apply for violations related to foreign workers in Vietnam:

Article 32: Violations Regarding Foreign Workers in Vietnam

1. Fines of 1,000,000 VND to 3,000,000 VND for employers committing any of the following:
   a) Failing to report or reporting incomplete or untimely on the employment of foreign workers as required.
   b) Not submitting the original or certified copy of the signed labor contract after the foreign worker is issued or renews their work permit, as required by the permitting authority.
2. Fines of 5,000,000 VND to 10,000,000 VND per worker (up to a maximum of 75,000,000 VND) for employers using foreign workers in positions inconsistent with their work permits or confirmation of exemption, unless otherwise specified by law.
3. Fines of 15,000,000 VND to 25,000,000 VND for foreign workers committing the following:
   a) Working without a valid work permit or confirmation of exemption.
   b) Using expired work permits or exemption confirmation documents.
4. Fines for employers employing foreign workers without valid work permits or exemption confirmations:
   a) 30,000,000 VND to 45,000,000 VND for violations involving 1 to 10 workers.
   b) 45,000,000 VND to 60,000,000 VND for violations involving 11 to 20 workers.
   c) 60,000,000 VND to 75,000,000 VND for violations involving 21 or more workers.

Supplementary Penalty:

• Foreign workers violating regulations may be expelled from Vietnam.

Note: Penalties for organizations are double the fines for individuals.

Violations can result in fines ranging from 2 million VND to 150 million VND, depending on the severity, with higher penalties for organizations.

FAQ (Frequently Asked Questions) – Work Permit Services for Foreign Workers in Vietnam

1. What is a work permit?
   A work permit is a legal document issued by the labor authority in Vietnam, allowing foreign workers to work legally in the country.
2. Which authorities issue work permits?
   Work permits are issued by the Department of Employment under the Ministry of Labor, Invalids and Social Affairs or DOLISA at the local level.
3. What information is included in a work permit?
   A work permit contains details such as the worker’s name, passport number, date of birth, nationality, employer’s name and address, job position, and work duration.
4. Who needs a work permit in Vietnam?
   All foreign nationals working in Vietnam under labor contracts, internal corporate transfers, service provision, or project execution require a work permit.
5. What are the benefits of having a work permit?
   Legal employment, participation in social and health insurance, legal rights protection, and facilitation of visa issuance or renewal.
6. How long is a work permit valid?
   Work permits are valid for up to 2 years, depending on factors such as labor contract duration or specific projects.
7. What are the exemptions from work permit requirements?
   Exemptions apply to business owners, internal corporate transferees under WTO commitments, or workers employed for less than 30 days per year, among others.
8. How does Vinasc assist clients in obtaining work permits?
   Vinasc provides end-to-end support, including legal consultation, document preparation, application submission, and permit handover.
9. What steps are involved in Vinasc’s work permit process?
   The process includes five steps: initial consultation, document preparation and confirmation, notification of local labor recruitment, foreign labor usage explanation, and work permit application submission.
10. What are the penalties for work permit violations?
    Violations can result in fines ranging from 2 million VND to 150 million VND, depending on the severity, and foreign workers may face expulsion in serious cases.