Vietnam work permits for foreigners as service providers pursuant to a contract

 Laborers being a foreign citizens to work in Vietnam in the form of service providers pursuant to a contract means foreigners has at least two (2) years” working period in the foreign company which hasn’t commercial presence in Vietnam and satisfy the conditions for experts who recognized by a foreign [country] as an expert or foreigners 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.

Vietnam work permits for foreigners as service providers pursuant to a contract

 The procedures for issuance of Vietnam work permits for foreigners as service providers pursuant to a contract, which they 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 as service providers pursuant to a contract working in Vietnam (or amendment of explain and report):

 At least 30 days from the date the employer is expected to recruit foreigner as service providers pursuant to a contract working in Vietnam, 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 as service providers pursuant to a contract working in Vietnam, 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 as service providers pursuant to a contract working in Vietnam

 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 Vietnam work permits for foreigners as service providers pursuant to a contract.

Application files for issuance of Vietnam work permits for foreigners as service providers pursuant to a contract 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. 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 as service providers pursuant to a contract working in Vietnam 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 as service providers pursuant to a contract 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 as service providers pursuant to a contract working in Vietnam 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 a service provider pursuant to a contract (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 service providers pursuant to a contract 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 foreigners as service providers pursuant to a contract working in Vietnam 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 as service providers pursuant to a contract:

 In the case of a foreigner as service provider pursuant to a contract, there must be a contract for provision of services signed between the Vietnamese party and the foreign party, and a document proving that the foreigner has already worked for at least two (2) years for the foreign enterprise without a commercial presence in Vietnam;

 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 Vietnam work permit for foreigners as service providers pursuant to a contract at the Department of Labor, Invalids and Social Affairs

 At least 15 working days from the date of foreigner as service providers pursuant to a contract 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 - 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 Vietnam work permits to foreign workers as service providers pursuant to a contract.

 The Department of Labor shall issue a Vietnam work permit for the foreigners as service providers pursuant to a contract 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.

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