Issuance of Vietnam work permits for foreigners offering service

 A foreigner working in the form of offering services means a foreign worker not living in Vietnam and who does not receive remuneration from any source whatsoever in Vietnam, who participates in activities relating to representation of a service provider in order to negotiate sale of such service provider”s services, on condition that he or she does not directly sell such services to the public and does not directly participate in provision of the services.

Issuance of Vietnam work permits for foreigners offering service

 Foreign citizens (abbreviated to foreigners) working in Vietnam in period from 3 months and over must be issued Vietnam work permit. The procedures for issuance of Vietnam work permits for foreigners offering service at the Department of Labor includes the following steps:

1. Report and explain the need to employ foreigners offering service in Vietnam (or amendment of explain and report):

 - An employer must, at least thirty (30) days prior to the date on which it proposes to recruit  foreigners offering service, report and explain its need to employ foreigners offering service that that Vietnamese laborers are unable to satisfy the requirements, comprising: the working positions, the number of people, the level of qualifications and experience, the salary level and the duration of the jobs, and directly lodge such report with the Department of Labour in the locality where such employer has its head office, on Standard Form 1 (Download).

 -  An employer who has received consent to employ foreigners but changes its need to employ foreigners offering service must also directly lodge a report explaining any such amendments or additions at least thirty (30) days prior to the date on which it is proposed to recruit a new foreign employee or additional foreign employee, or recruit a foreigner offering service to replace a current foreign employee, with the Department of Labour in the locality where such employer has its head office, on Standard Form 2 (Download).

2. Notification of consent to each employer to employ foreigner offering service in Vietnam

 The Department of Labour must notify its consent to each employer to employ foreigners offering service on Standard Form 3 within fifteen (15) days after the date of receipt of the report, or of the report on amendments or additions to the employer”s need to employ foreigners, from such employer.

3. Preparation of dossier for issuance of Vietnam work permits for foreigners offering service.

 Application files for issuance of Vietnam work permits for foreigners offering service includes:

 3.1. A written request for grant of a Vietnam work permit issued by the employer in accordance with Standard Form No.6 (download).

 3.2. Health certificate issued overseas or in Vietnam as stipulated by the Ministry of Health at four pemitted hospitals including 115, Cho Ray, Thogn Nhat and Van Hanh hospital (original or certified copy, legalized and translated into Vietnamese if the foreign language).

 3.3. Document certifying the foreigner offering service does not have a criminal records and is not subject to a criminal prosecution in accordance with the laws of Vietnam and foreign laws valid for a period of 06 months from up until the time of lodging the application file (The original or certified copy, legalized and translated into Vietnamese if the foreign language):

 (a) If the foreigner offering services has legally resided in Vietnam then he or she must have a legal record issued by the National Legal Records Centre, or if the foreigner is currently legally residing in Vietnam then he or she must have a legal record issued by the Department of Justice of a province or city under central authority plus a document confirming such person does not have a criminal record or is not subject to criminal prosecution pursuant to foreign law as issued by a competent foreign agency;
 (b) If the foreigner offering service has never resided in Vietnam then he or she must have a document certifying that he or she does not have a criminal record or is not subject to criminal prosecution pursuant to foreign law as issued by a competent foreign agency.

 3.5. A letter of consent to employment of the foreigner offering service from the Department of Labour that the chairman of the provincial people”s committee consents to recruitment of the foreigner to the working position of offering service for which it is not possible to recruit Vietnamese workers.

 3.6. Two color photos (4cm x 6cm in size, bareheaded, frontal view, showing the face and ears clearly, without glasses, and on a white background), tken within 06 months period up to the date of lodging the application file.

 3.7. A copy of valid passport or valid document replacing passports as stipulated by law.

 3.8. Documents relating to foreigners offering service:

 In the case of a foreigner offering services, there must be a letter from the service provider appointing the foreigner to come to Vietnam to negotiate provision of services;

4. Lodging the application file for issuance of Vietnam work permit for foreigners offering service at the Department of Labor

 At least 15 working days from the date of foreigner offering service working in Vietnam is expected to begin work for the employer, the employer must lodge a application file for issuance of Vietnam work permit to the Department of Labor in locality where foreigners have to work full time for the employer or the Department of Labor in locality where employer has head office if not working in a province, city.

5. Issuance of Vietnam work permits to foreigners offering service.

 The Department of Labor shall issue a Vietnam work permit for the foreigners offering service on the standard form prescribed by the Ministry of Labor within ten (10) business days after receipt of a complete application file. In a case of refusal, the Department shall provide a written response specifying its reasons

 The valid duration of the work permit shall depend on each particular circumstance, but not exceed 02 years.

References:
- Decree 102 implementing the labour code on foreigners working in Vietnam
- Circular 3 guiding Decree 102-2013-ND-CP implementing the Labour Code on foreigners working in vietnam

Lawyervn.net