Work permits for foreigners working in Vietnam in form of internal transfer within an enterprise

 Foreigner internally transferring within an enterprise means a manager, executive director, expert or technician of a foreign enterprise which has established a commercial presence within the territory of Vietnam who temporarily transfers internally within the enterprise to the commercial presence within the territory of Vietnam and who was recruited [or employed] by the foreign enterprise at least twelve (12) months prior to such transfer.

Work permits for foreigners working in Vietnam in form of internal transfer within an enterprise

 The procedures for issuance of Vietnam work permits for foreigners in form of internal transfer within an enterprise, which they are not subject to work permit exemption, at the Department of Labor includes the following steps:

1. Report and explain the need to employ foreigners working in Vietnam in form of internal transfer within an enterprise (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, report and explain its need to employ foreigners 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 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 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 working in Vietnam in form of internal transfer within an enterprise

The Department of Labour must notify its consent to each employer to employ foreigners 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 working in Vietnam in form of internal transfer within an enterprise.

 Application files for issuance of Vietnam work permits for foreigners working in Vietnam in form of internal transfer within an enterprise consist of:

 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 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):

  (a) If the foreigner 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 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.

 3.4. Document certifying the foreigner is a manager, executive director, expert or technician (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 A foreigner being a manager or executive director must have either of the following documents:

  - Documents proving the foreigner is a manager or executive director comprising work permit, labour contract or a decision of appointment as confirmed by such foreigner to a managerial or executive director position;
  - Document confirming that the foreigner is a manager or executive director from an agency, organization or enterprise where such foreigner has worked and confirmed by such agency, organization or enterprise.

  3.4.3 A foreigner being an expert must have either of the following documents:

  - Document proving the foreigner has an engineer”s or bachelor”s degree or higher or similar level, and has at least five years” experience working in the speciality in which he or she was trained and appropriate to the working position in which it is proposed the foreigner will work in Vietnam;
  - Document confirming that the foreigner is an expert from a competent agency or organization or from an enterprise overseas and confirmed by such aency, organization or enterprise.

  3.4.4 A foreigner being a technician must have the following documents:

  - Document proving or document of confirmation from a competent agency or organization or from an enterprise overseas that the foreigner has received at least one year”s training in his
or her technical speciality;
  - Document proving that the foreigner has at least three years” experience working in the technical speciality in which he or she was trained and appropriate to the working position in which it is proposed the foreigner will work in Vietnam.

 3.5. A letter of consent to employment of the foreigner from the Department of Labour that the chairman of the provincial people”s committee consents to recruitment of the foreigner to the working position, 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), 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 working in Vietnam in form of internal transfer within an enterprise:
In the case of a foreigner working in Vietnam in form of internal transfer within an enterprise, there must be a letter from the foreign enterprise appointing him or her to come to Vietnam to work at the commercial presence of such enterprise in the territory of Vietnam, and a letter proving that such foreigner was recruited by the foreign enterprise at least twelve (12) months prior to coming to Vietnam to work;

4. Lodging the application file for issuance of work permit for foreigners working in Vietnam in form of internal transfer within an enterprise at the Department of Labor

 At least 15 working days from the date of foreigner working in Vietnam in form of internal transfer within an enterprise 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 foreign workers 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 work permits to foreigners working in Vietnam in form of internal transfer within an enterprise.

 The Department of Labor shall issue a work permit for the foreigners 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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