Work Permit Requirements in Vietnam A Comprehensive Guide

Learn about the process, documents needed, eligibility criteria, duration, exemptions, employer’s responsibilities, consequences, fees, and application procedure for obtaining a work permit in Vietnam.

Work Permit Requirements in Vietnam

To work legally in Vietnam as a foreigner, you need to fulfill certain work permit requirements. These requirements include the following:

1. Eligible job position: The position you are applying for must not be on the list of jobs restricted to Vietnamese citizens.

2. Employer sponsorship: You need a job offer from a Vietnamese employer who will act as your sponsor throughout the work permit application process.

3. Qualifications and experience: You should possess the necessary qualifications, skills, and experience required for the job position.

4. Health certificate: You must provide a health certificate issued within the last 12 months, indicating that you are physically fit to work.

5. Criminal record check: A criminal record check from your home country or any country where you have resided for over six months is usually required.

6. Education credentials: You may be asked to submit authenticated copies of your educational certificates or diplomas.

7. Work permit application: Your employer must submit an application for a work permit on your behalf to the local Department of Labor, Invalids and Social Affairs (DOLISA).

8. Work permit duration: Generally, work permits are valid for a maximum of two years and can be renewed if needed.

It’s important to note that the specific requirements and procedures may vary depending on the job position, location, and other factors. It is advisable to consult with the DOLISA or seek professional assistance to ensure compliance with the current regulations.

Process for Obtaining a Work Permit in Vietnam

To obtain a work permit in Vietnam, follow these steps:

1. Job Offer: Secure a job offer from a Vietnamese employer or company.

2. Eligibility Criteria: Ensure you meet the eligibility criteria, including having the necessary qualifications and experience required for the position.

3. Work Permit Application: Submit the following documents to the Department of Labor, Invalids, and Social Affairs (DoLISA) in the province where you will be working:

• Work permit application form (provided by DoLISA)
• Health check certificate issued within the last 12 months
• Criminal record clearance issued by your home country or Vietnam (if applicable)
• Certified copies of your academic degrees or professional certificates
• Copy of your passport with a valid visa
• Employment contract or labor agreement with the employer

4. Approval Process: The authorities will review your application and may request additional documents if needed. The processing time varies but generally takes several weeks.

5. Work Permit Issuance: If approved, you will receive a work permit valid for up to two years. The permit specifies your employer, position, and location of work.

6. Post-Approval Steps: After obtaining the work permit, you must complete the following within 30 days:

• Obtain a temporary residence card (TRC) or extend your existing visa.
• Register your work permit with the local police within five days of issuance.

It’s important to note that the specific requirements and procedures may vary slightly depending on the province in Vietnam where you’ll be working. It is advisable to consult with the local DoLISA or seek assistance from a reliable immigration service provider for accurate and up-to-date information.

Documents Needed for a Work Permit in Vietnam

Passport with at least six months validity, completed application form, job offer letter from Vietnamese employer, work permit application form, health check certificate, criminal record clearance certificate, copies of educational certificates, passport-sized photos, and visa application form.

Eligibility Criteria for Work Permit in Vietnam

The eligibility criteria for a work permit in Vietnam generally include the following:

1. Employer sponsorship: You need to have a job offer from a Vietnamese employer who is willing to sponsor your work permit application.

2. Qualifications and experience: You should possess the necessary qualifications, skills, and experience required for the specific job position. The employer may specify the minimum requirements for the role.

3. Health requirements: You must undergo a medical examination to ensure that you are in good health and free from any contagious diseases.

4. Criminal record check: You may be required to provide a criminal record check or police clearance certificate from your home country or any other country where you have lived for an extended period.

5. Educational documents: You may need to authenticate and submit your educational certificates and diplomas to prove your qualifications.

6. Work contract: A signed work contract or labor agreement between you and your employer will be necessary.

7. Valid passport: You should have a valid passport with at least six months of remaining validity.

8. Compliance with immigration laws: You must comply with all applicable immigration laws and regulations of Vietnam.

It’s important to note that the specific requirements can vary depending on the type of work permit and the nature of your employment. It’s advisable to consult with the nearest Vietnamese embassy or consulate or seek assistance from immigration experts to ensure accurate and up-to-date information for your particular situation.

Duration and Renewal of Work Permit in Vietnam

The duration and renewal of a work permit in Vietnam depend on various factors. Initially, a work permit is typically issued for a period of up to two years. After that, it can be renewed for additional periods of up to two years each. The renewal process involves submitting the necessary documents to the relevant authorities, such as the Department of Labor, Invalids, and Social Affairs (DOLISA), at least 30 days before the current permit expires. It’s important to note that the exact requirements and procedures may vary, so it’s advisable to consult with local authorities or legal experts for the most accurate and up-to-date information.

Work Permit Exemptions in Vietnam

Work permit exemptions in Vietnam apply to certain categories of individuals. Here are some examples:

1. Intra-Company Transfers: Foreign employees who work for a multinational company with an entity or branch in Vietnam can be exempt from obtaining a work permit if they meet specific criteria, such as having worked for the company for at least 12 months and being temporarily assigned to work in Vietnam.

2. Short-Term Assignments: Individuals entering Vietnam for a duration of fewer than 30 days or less than three months for specific purposes like market research, sales, or after-sales services may be exempt from a work permit.

3. Business Visitors: Foreigners visiting Vietnam on business trips for certain activities, such as attending meetings, signing contracts, or conducting negotiations, are generally exempt from the requirement of a work permit.

4. Experts, Managers, and Executives: Under certain conditions, foreign experts, managers, or executives working in Vietnam for less than 30 days or a cumulative total of fewer than 90 days in a year may be exempt from a work permit.

5. Diplomatic and Consular Personnel: Employees of diplomatic missions, consular offices, and international organizations in Vietnam, along with their family members, are typically exempt from work permits.

It’s important to note that these exemptions have specific requirements and limitations, and it’s advisable to consult with relevant authorities or legal professionals to ensure compliance with the current regulations.

Employer’s Responsibilities for Work Permit in Vietnam

Employers in Vietnam have several responsibilities regarding work permits. They include:

1. Obtaining a work permit: Employers must apply for work permits on behalf of their foreign employees before they can legally work in Vietnam. This involves submitting the necessary documents and meeting specific requirements set by the authorities.

2. Validating employment contracts: Employers need to ensure that they have signed valid employment contracts with their foreign employees. These contracts should comply with Vietnamese labor laws and specify the terms and conditions of employment.

3. Supporting the work permit application: Employers are responsible for providing relevant documents and information to support the work permit application, such as company registration documents, financial statements, and job descriptions.

4. Complying with hiring quotas: Employers must adhere to any quotas or restrictions imposed on hiring foreign workers. The number of foreign employees they can hire may vary depending on factors such as the industry and the location of the company.

5. Reporting changes: Employers must inform the local authorities about any changes related to their foreign employees’ employment status, such as termination, change of position, or change of workplace.

6. Ensuring compliance with regulations: Employers must ensure that their foreign employees comply with all applicable Vietnamese labor and immigration regulations throughout their employment period.

It’s important for employers to stay updated on the current rules and regulations concerning work permits in Vietnam to fulfill their responsibilities properly.

Consequences of Working without a Work Permit in Vietnam

Working without a work permit in Vietnam can lead to several consequences. These include:

1. Legal Penalties: The Vietnamese government views working without a valid work permit as a violation of immigration and labor laws. If caught, individuals may face fines, deportation, or even imprisonment, depending on the severity of the offense.

2. Employment Difficulties: Working without a work permit can have long-term implications for future employment prospects. Employers in Vietnam are required to comply with labor regulations, including hiring individuals with valid work permits. Having a record of working illegally may deter potential employers from considering an individual for future job opportunities.

3. Limited Protections: Without a work permit, individuals may be denied access to certain legal protections and benefits available to formally employed workers. This includes entitlements such as social security, health insurance, and other employee benefits.

4. Restricted Opportunities: Working without a work permit may limit job opportunities since many reputable companies prioritize compliance with labor regulations. Access to well-paying jobs, career advancement, and training programs may be restricted for individuals without proper documentation.

5. Difficulty in Extending Stay: In case an individual wishes to stay longer in Vietnam or transition to a different visa category, previous unauthorized employment can complicate the process. Immigration authorities may scrutinize the individual’s history and may deny visa extensions or change of status applications due to the violation.

It is important for foreign nationals to abide by the Vietnamese laws and regulations concerning work permits to avoid these potential consequences and ensure a smooth and legally compliant work experience in Vietnam.

Work Permit Fees in Vietnam

Work permit fees in Vietnam vary depending on the duration of the permit and the specific circumstances of the applicant. As of my knowledge cutoff in September 2021, the following fees were applicable:

1. New work permit application fee: The fee for a new work permit application is typically around 400,000 VND (Vietnamese Dong) to 500,000 VND.

2. Work permit renewal fee: The fee for renewing an existing work permit ranges from 300,000 VND to 400,000 VND.

3. Work permit amendment fee: If any changes or amendments are required for an existing work permit, such as a change in job position or employer, the fee is usually around 200,000 VND to 300,000 VND.

4. Work permit cancellation fee: When canceling a work permit, the fee is generally between 100,000 VND and 200,000 VND.

Please note that these fees are approximate and may have changed since my knowledge cutoff date. It is advised to consult with the relevant authorities or seek professional assistance for the most up-to-date information regarding work permit fees in Vietnam.

Work Permit Application Procedure in Vietnam

The work permit application procedure in Vietnam involves the following steps:

1. Job Offer: Obtain a job offer from a Vietnamese employer or company.

2. Work Permit Application: The employer submits the work permit application on behalf of the foreign employee to the local Department of Labor, Invalids and Social Affairs (DOLISA) where the employment is based.

3. Required Documents: Prepare the necessary documents, which typically include the following:
   • Application form for a work permit
   • Valid passport with a visa or temporary resident card
   • Health check report from a Vietnamese hospital
   • Certified copies of relevant degrees or qualifications
   • Criminal record clearance from the home country or Vietnam

4. Processing Time: The DOLISA assesses the application and usually takes around 15 working days to process it. In some cases, it may take longer.

5. Approval and Fee Payment: If the application is approved, the employer will receive an approval letter and must pay the work permit fee.

6. Work Permit Issuance: Once the fee is paid, the employer can collect the work permit at the DOLISA.

7. Registration: Within 30 days of receiving the work permit, the employer must register the foreign employee with the local immigration authorities.

It’s important to note that specific requirements and procedures may vary depending on the location and type of employment. It is advisable to consult with local authorities or a legal expert for accurate and up-to-date information.

 

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