What is a work permit? What are the regulations on procedures for issuing work visas? Perhaps, this is the question many people ask when they need work permits. In this article, let’s learn about employment authorizations with Visa Oriental.
See more: Cost of making Vietnam work permit for foreigners.
What is a work permit?
A work permit is a document that allows a foreigner to work legally in Vietnam. It must clearly state information about the worker such as full name, passport number, date of birth, nationality; the name and address of the organization where he/she works, and his/her position. And this is an important document for the foreign worker to apply for a 2-year temporary residence card in Vietnam.
Latest work permit form
The work permit form for foreign workers in Vietnam (Form No. 12/PLI) is issued together with Decree No. 152/2020/ND-CP (taking effect from February 15, 2021).
New regulations on work permit issuance procedures
Regulations on issuing employment authorization Labor Code 2019 takes effect from January 1, 2021, there are some new points on work permit procedures for foreigners, specifically as follows:
Conditions for foreign workers to work in Vietnam
The Decree on work permits stipulates the conditions for foreign workers to work in Vietnam as follows:
- Be 18 years of age or older and have total civil act capacity.
- Be a director, expert, or worker with professional qualifications, technical skills, and working experience.
- Be healthy enough for the job and as prescribed by the Minister of Health.
- Not be a person who is committing a crime or is being examined for penal liability in accordance with Vietnamese or foreign laws.
- Have a work visa issued by a competent Vietnamese state agency, unless the work visa is not required.
In case a foreigner is not eligible for a work permit
Employment authorization is a mandatory legal condition for foreign workers to work in Vietnam. However, there are still cases where foreign workers do not have to apply for work visas. Cases, where foreign workers are not required to apply for work permits, include:
- Bea capital-contributing member or owner of a limited liability company or the Board of Management of a joint-stock company.
- Be the director of the representative office, a project of international organizations and non-governmental organizations in Vietnam.
- Enter Vietnam with a term of fewer than 3 months to make a service offering.
- Enter Vietnam for a period of fewer than 3 months to handle complicated technical and technological incidents and situations that affect or threaten to affect production and business that Vietnamese experts and Foreign experts currently in Vietnam cannot handle it.
- Be a foreign lawyer who has been issued a license to practice law in Vietnam in accordance with the Law on Lawyers.
- According to the provisions of international treaties to which the Socialist Republic of Vietnam is a signatory.
- Be a student studying in Vietnam to work in Vietnam, but the employer must notify 07 days in advance of the provincial labor authority.
- Move within the enterprise within 11 service industries in Vietnam’s service commitment schedule with the World Trade Organization, including business, information, construction, distribution, education, environment, finance, health, tourism, culture, entertainment, and transport.
- Enter Vietnam to provide professional and technical consulting services or perform other tasks for research, development, appraisal, monitoring, evaluation, program management, and implementation projects using official development assistance (ODA) as prescribed or agreed upon in international treaties on ODA signed between competent Vietnamese and foreign agencies.
- Be licensed by the Ministry of Foreign Affairs to operate information and press in Vietnam in accordance with the law.
- Be sent to Vietnam by a foreign agency or organization to teach or conduct research at an international institution under the management of a foreign diplomatic mission or an international organization in Vietnam, or approved by the Ministry of Education and Training in teaching and research at educational and training institutions in Vietnam.
- Be volunteers certified by foreign diplomatic missions or international organizations in Vietnam.
- Enter Vietnam to work as an expert, manager, executive director, or technical worker with a working period of fewer than 30 days and a cumulative period not exceeding 90 days in a year.
- Enter Vietnam to implement international agreements signed by central and provincial agencies and organizations in accordance with law.
- Students who are studying at overseas institutions and training institutions that have an internship agreements in agencies, organizations, and enterprises in Vietnam.
- Relatives of members of foreign representative missions in Vietnam working after being licensed by the Ministry of Foreign Affairs, unless otherwise provided in an international treaty to which the Socialist Republic of Vietnam is a signatory.
- Have an official passport to work for state agencies, political organizations, and socio-political organizations.
Term of work permit
The maximum term of a work visa is 2 years, in case of extension, it can only be extended once with a maximum term of 2 years. The term of a work permit is issued according to the term of one of the following cases:
- Term of the labor contract expected to be signed.
- Term of the foreign party sending foreign workers to work in Vietnam.
- Term of the contract or agreement signed between the Vietnamese and foreign partners.
- Term of the service provision agreement signed between the Vietnamese and foreign partners.
- The term stated in the document of the service provider sending foreign workers to Vietnam to negotiate service provision.
- The term specified in the certificate of the foreign non-governmental organization or international organization permitted to operate in accordance with the provisions of Vietnamese law.
- Term in the document of the service provider sending the foreign worker to Vietnam to establish the commercial presence of that service provider.
- Term in the document proving that the foreign worker is allowed to participate in the operation of a foreign enterprise that has established a commercial presence in Vietnam.
The above information is the share of Visa Oriental about what are a work permit and new regulations on procedures for issuing employment authorization to foreign workers. If you still have questions about a work permit, please contact HOTLINE 1900 63 63 50 of Visa Oriental for the fastest advice and support.