Work permits for foreign investors in Vietnam

Work permits for foreign investors in Vietnam

Foreign investors in Vietnam include individuals with foreign nationality and representatives of companies established under foreign laws conducting business investment activities in Vietnam are permitted to issue work permits to work in Vietnam in the form of a management with titles such as company owner, company chairman (president), chairman of the Members” Council, vice chairman (president) of the Members” Council, member of the Members” Council, Chairman of the Board of Directors, Vice Chairman of the Board of Directors, Members of the Board of Directors, Director, General Director, if not subject to work permit exemption.

The procedures for issuance of work permits for foreign investors in Vietnam in the form of management 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 management (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 foreign investors under form of management that Vietnamese laborers are unable to satisfy the requirements, and report and explain the need to employ foreigner, including job position, numbers, job description, 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.

 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.

2. Notification of approval for the employment of foreign investors working in Vietnam in the form of management.

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

3. Application files for issuance of work permits at the Department of Labour, Invalids and Social Affairs.

Dossiers for issuance of work permits for foreign investors working in Vietnam in the form of managements:

3.1. A written request for grant of a work permit issued by the employer in accordance with Standard Form.

3.2. Medical examination certificate issued overseas or in Vietnam as stipulated by the Ministry of Health (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 a management (Certified copy of the business registration or equivalent).

3.5. Notification of the Department of Labor - Invalids and Social Affairs on approval for the employment of foreign investors  working in Vietnam in the form of management.

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.

4. Time processing for issuance of work permits to foreign investors working in Vietnam.

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 shall depend on each particular circumstance, but not exceed 02 years.

5. Labor contracts with foreign investors are management.

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.

Any information about work permits for foreign investors in Vietnam, please contact us.

Source: Decree No. 152/2020/ND-CP dated December 30, 2020 of the Government regulating foreign workers working in Vietnam.

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