The procedures for issuance of work permits for foreigners working in Vietnam in the form of experts

Laborers being a foreign citizens to work in Vietnam in the form of experts means a foreign worker recognized by a foreign [country] as an expert or foreign worker with qualifications at the level of engineer, bachelor”s degree or higher or similar level, and who has at least five (5) years” experience working in the speciality in which he or she was trained.

The procedures for issuance of work permits for foreigners working in Vietnam in the form of experts

 The procedures for issuance of work permits for foreigners working in Vietnam in the form of experts which are not subject to work permit exemption at the Department of Labor, Invalids and Social Affairs includes the following steps:

1. Report and explain the need to employ foreigners working in Vietnam in the form of experts (or amendment of explain and report):

 At least 30 days from the date the employer is expected to recruit foreigner, the employer is responsible for determining the need to employ foreigner for each working position that Vietnamese laborers are unable to satisfy the requirements, and report and explain the need to employ foreigner, including job position, numbers, qualifications, experience, salary, working time and submitted directly to the Department of Labor - Invalids and Social Affairs in locality where the employer has its office in accordance with Standard Form 1 (download).

 The employers being approved to employ foreigner, if there is a change to employ foreigner, must send directly an additional and amendment report and explain, at least 30 days from the expected date of the new recruitment, additional recruit or hire to replace foreigners with the Department of Labor - Invalids and Social Affairs in locality where the employer has its office in accordance with Standard Form No.2 (Download).

2. Notification of approval for the employment of foreigner working in Vietnam in the form of experts

 Department of Labor - Invalids and Social Affairs will announce the approval to employ foreigners to each employer on Stand Form 3 within 15 days from receipt of the report and explain or the amendment, additional report and explain on the need to employ foreigners by the employer.

3. Preparation of dossier for issuance of work permits at the Department of Labor, Invalids and Social Affairs.

 Dossiers for issuance of work permits for foreigners working in Vietnam in the form of experts includes:

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

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

 3.3. Document certifying the foreigner 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):

 3.3.1. In case of foreigners residing in Vietnam they must have criminal records issued by National Judicial Center, in cases of foreigners residing in Vietnam they must have a criminal record issued by the Justice Department of provinces and cities and documents certifying they have not criminal records and are not subject to a criminal prosecution in accordance with the provisions of foreign law by the competent authority of a foreign country;

 3.3.2. In case of foreigners have never resided in Vietnam, they must have document certifying they have not criminal records or are subject to a criminal prosecution in accordance with the provisions of foreign law by the competent authorities of foreign country.

 3.4. Document certifying the foreigner is an expert (original or certified copy, legalized and translated into Vietnamese if the foreign language):

 3.4.1 For a number of occupations and jobs, certification of the specialist and technical qualifications of the foreigner may be replaced by one of the following documents:

  a. Document issued by the authority of the foreign country recognizing that the foreigner is a craftsman in a traditional occupation or trade;
  b. Document proving the experience of a foreign soccer player;
  c. Pilot”s licence for aviation transportation aircraft issued by the competent authority of Vietnam
to a foreign pilot;
  d. Aircraft maintenance licence issued by the competent authority of Vietnam to a foreigner working in aircraft maintenance.

 3.4.2 For foreigners who are experts must have one of the following documents:

  - Document certifying foreigner has the qualifications at the level of engineer, bachelor”s degree or higher or similar level, and who has at least five (5) years” experience working in the speciality in which he (she) was trained and be consistent with the job position which he (she) will be expected to work in Vietnam.
  - Document certifying the foreigner recognized by competent agency, organization or enterprise in foreign country as an expert;

 3.5. Notification of the Department of Labor - Invalids and Social Affairs on approval for the employment of foreigner working in Vietnam in the form of experts that Vietnamese laborer are unable to satisfy the requirements.

 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), taken 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. Papers relating to foreigners:

 For foreigner working in Vietnam in the form of experts who will  participate in the operation of foreign enterprises which have established a commercial presence in Vietnam, there must  be a letter proving that the foreigner is permitted to participate in such operation (original or certified copy, legalized and translated into Vietnamese if the foreign language) .

 Document proving is one of the following ones:
  - The labor contract;
  - Written confirmation of the employer;
  - The decision to recruit foreigner;
  - A certificate of insurance or tax payment for foreigner.

4. Lodging the application file for issuance of work permit at the Department of Labor, Invalids and Social Affairs

 At least 15 working days from the date of foreigner is expected to begin work for the employer, the employer must lodge a application file for issuance of work permit to the Department of Labor - Invalids and Social Affairs in locality where foreign workers have to work full time for the employer or the Department of Labor - Invalids and Social Affairs in locality where employer has head office if not working in a province, city.

5. Issuance of work permits to foreign workers as experts.

 The Department of Labor shall issue a work permit for the foreigner 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.

6. Enter labor contracts with foreigners are experts.

 In the case of a foreigner working in Vietnam in the form of performance of the labor contract, after a work permit is issued to the foreigner, the employer and the foreigner must, prior to the proposed date on which the foreigner is to work for the employer, sign a labor contract in accordance with the Vietnamese law on labor. The contents of the labor contract must not be contrary to the items recorded in the issued work permit.

The employer must, within five (5) business days after signing the labor contract, send a copy of it together with a copy of the issued work permit to the Department of Labor which issued such work permit.

Lawyervn.net

Related posted tests:
-Foreign worker exempt from work permit must be confirmed by Vietnam Labour Department, Click here