The demand for foreign labor has become popular due to the increase in foreign investment projects in Vietnam, the demand for services provided by foreign enterprises and the signing of treaties. In terms of trade liberalization, such as WTO, ASEAN, etc. The following article summarizes the conditions and procedures for enterprises and organizations wishing to employ foreign workers wishing to apply for work permits.

1. Business that can apply for a work permit for foreigners

The granting of foreign work permits is applicable to foreigners working in Vietnam, specifically as follows:

• Performance of labor contracts;
• Internal mobility within the enterprise;
• Performance of contracts or agreements on economy, trade, finance, banking, insurance, science and technology, culture, sports, education, vocational education and health;
• Service providers under contract;
• Offering services;
• Working for foreign non-governmental organizations and international organizations in Vietnam that are permitted to operate in accordance with Vietnamese laws;
• Volunteers;
• The person responsible for establishing a commercial presence;
• Managers, executives, experts, technical workers;
• Participate in the implementation of bidding packages and projects in Vietnam.

2. Procedures for applying for a work permit for foreigners in Vietnam:

Step 1: Asking for acceptance for the need to use foreign workers.

According to the new regulation, employers can also submit this declaration and report through the local web portal. The procedure is as follows:

The employer registers the account at the above-mentioned portal and submits the dossier with the established account, within at least 20 days before the intended date of using the foreign labor;

Within 12 days of receiving a valid foreign employer employment statement and explanation, the approving agency will send the results via email to the employer. If the submitted application is not yet valid, the approval authority will issue a notice of correction.

After obtaining the approval of the foreign employer, the employer shall submit the original dossier directly or by post to the approving agency. Within 08 hours of receiving the original of the application, the approval authority will return the original of the approval result to the employer.

At least 30 days before the intended date of employing foreign workers, the employer (except the contractor) shall send a report explaining the demand for foreign workers to the Ministry of Labor, War Invalids and Social Affairs and Society or Chairman of Provincial People Committee.

Step 2: Apply for a work permit for foreigners

Documents should be prepared:

• The written request for a work permit;
• Health certificate  (must be valid for less than 12 months to the date of submission);
• Judicial records are issued within 06 months from the date of submission;
• Education degree: Bachelor or higher, photocopy. If it is issued outside of Vietnam, it must have consular legalization in order to be used in Vietnam.
• Documents proving that the qualifications are suitable for the job as managers, executives, experts or technical workers: qualifications, certifications of experience from other companies ...;
• Certified copy of passport;
• In addition, for industries with special requirements (football players, pilots, aircraft maintenance) or cases of foreign workers providing services or performing contracts, offering services ... in Vietnam, the profile will include other papers as prescribed by law.

Time limit for granting work permits to foreigners:

Directly submitted to competent agencies: 07 working days from the date of receipt of valid dossiers.

Apply online, the time to return the result is 05 days. The approving agency will issue a work permit if the dossier is valid or issue a notice to modify the file if there is an error. After receiving the work permit via email, the employer will submit the original of the application to the licensing agency and receive the original work permit.

In the process of applying for a work permit, foreigners will face various problems with many papers to prepare for this procedure and to complete all of the papers are not so simple task at all. To help foreigners, at Apolo Lawyers, our lawyer experienced in setting up valid papers in the right format with full information so that the document will not be returned by the authorities.

With our experience in law work, we believe to provide our clients with a smooth process in getting a work permit license in the shortest time.

More information can be found on the website: www.apolo.com.vn

An Tran