Procedures for issuing the work permit for foreigners working in Vietnam

I.  Conditions for issuing the work permit

1.  The worker is capable of civil acts as prescribed by law;

2.  The worker’s health is fit for working;

3.  The worker is a manager, chief executive officer, expert or technician;

4.  The worker is not a criminal or liable to criminal prosecution in accordance with the Vietnam law and the foreign country’s law;

5.  The employment of the foreign worker is approved in writing by a state competent authority.

II.  Records for the procedure

1.  The written request for the work permit made by the employer;

2.  The health certificate or report on medical examination which is issued by the foreign or Vietnamese authorized health organizations or agencies and takes effect within 12 months from the signing date of conclusion of heath status to the date of application.

3.  The criminal record or written certification that the foreign worker is not a criminal or liable to criminal prosecution issued by the foreign competent authority. If the foreign worker is a lawful resident in Vietnam, only the criminal record issued by the Vietnamese competent authority is required.

The criminal record or written certification that the foreign worker is not a criminal or liable to criminal prosecution must be issued within 06 months prior to the submission of the application.

4.  The written certification that the worker is a manager, chief executive officer, expert or technician;

5.  02 color photos (4cm x 6cm, white background, frontal face, bareheaded and no colorful glasses) that are taken within 06 months ahead of the date of application

6.  Certified copy of passport or a substitute for passport or other license for international travel which is unexpired in accordance with the law.

7.  Documents related to the foreign workers include:

-  The foreign workers Complying with the company’s internal reassignments must have papers of the foreign enterprise showing that they are appoint to work at the commercial presence of such foreign enterprise in Vietnam and the papers proving that they have been employed by such foreign enterprise for at least 12 months before they are appointed to work in Vietnam;

-  The foreign workers who are responsible for establishing a commercial presence, a written statement of the service provider appoints a foreign worker is required to establish a commercial presence of the service provider;

-  The foreign workers working as managers, chief executive officers, experts, technicians and participating in the operation of the foreign enterprise that has established its commercial presence in Vietnam, must have papers proving the foreign workers’ eligibility to participate in operation of such foreign enterprise.

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III.  Legal basis

1.  The Labor Code in 2012;

2.  Decree No.11/2016/ND-CP on 3^rd Febuary, 2016 on detail regulations on implemting a number of artciles of the Labor code regarding foreigners in Vietnam;

3.  Circular No.40/2016/TT-BLDTBXH on 25^th October, 2016 on guidance on implemting of a number of articles of Decree No.11/2016/ND-CP.