WORK PERMIT

Nowadays, along with Vietnam’s deep integration into the global market, the demand for employing foreign workers has increased significantly. This trend requires reputable law firms to effectively meet the needs of enterprises. Below is an overview of the conditions and procedures for enterprises and organizations wishing to employ foreign workers and apply for work permits in Vietnam.

What is a Work Permit?

Currently, there is no specific legal definition of a work permit under Vietnamese law. However, a work permit may be generally understood as a document that allows a foreigner to work legally in Vietnam. It is issued by the Department of Employment under the Ministry of Labour, Invalids and Social Affairs (MOLISA) or by the provincial Department of Labour, Invalids and Social Affairs (DOLISA).

A work permit clearly states the foreign worker’s information, including full name, passport number, date of birth, nationality; as well as the name and address of the employing organization and the job position.

Conditions for Issuance of a Work Permit

Some statutory conditions for obtaining a work permit include:

• Having full civil capacity in accordance with the law;

• Being in good health suitable for job requirements;

• Being a manager, executive director, expert, or technical worker;

• Not having a criminal record or being subject to criminal prosecution under Vietnamese law or foreign law;

• Obtaining written approval from a competent state authority regarding the employment of foreign workers.

Subjects Eligible for Work Permit Issuance

Work permits are issued to foreigners working in Vietnam, including but not limited to the following categories:

• Relatives of members of foreign representative missions in Vietnam who are permitted to work under international treaties to which the Socialist Republic of Vietnam is a signatory;

• Foreigners working under labor contracts;

• Intra-corporate transferees;

• Foreigners working for foreign non-governmental organizations or international organizations legally operating in Vietnam;

• Volunteers;

• Managers, executive directors, experts, and technical workers;

• Foreigners participating in the implementation of bidding packages or projects in Vietnam.

Validity Period of a Work Permit

Pursuant to Article 10 of Decree No. 152/2020/ND-CP, the validity of a newly issued work permit shall be determined based on one of the following cases:

• The duration of the expected labor contract;

• The duration for which a foreign entity assigns the foreign worker to work in Vietnam;

• The duration of the contract or agreement between Vietnamese and foreign partners;

• The duration of the service provision contract or agreement between Vietnamese and foreign partners;

• The duration stated in the document of the service provider assigning the foreign worker to Vietnam for negotiation purposes;

• The duration stated in the operating license of the agency, organization, or enterprise;

• The duration stated in the document of the service provider assigning the foreign worker to Vietnam to establish a commercial presence;

• The duration stated in the document evidencing participation in the operation of a foreign enterprise that has established a commercial presence;

• The duration stated in the written approval for the employment of foreign workers, except for cases not required to submit an explanatory report on the demand for foreign workers.

Note: The maximum validity of a work permit shall not exceed 02 years.

CELIGAL’s Work Permit Services for Foreigners

CELIGAL provides comprehensive work permit services for foreign workers, including:

• Issuance of new work permits;

• Extension of work permits;

• Re-issuance of work permits.