A worker who is a foreign citizen (hereinafter referred to as foreign employee for short) working in Vietnam must have a work permit; except for cases not subject to a work permit – see details at work “Request for confirmation not subject to a work permit”.
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If using an non-licensed foreign employee or a certificate of non-work permit, the enterprise will be fined and may be suspended from operation for 01 to 03 months; that foreign employee will be deported from Vietnam.
Therefore, no later than 15 working days from the date an employee is expected to start working in Vietnam, the enterprise must submit an application for a work permit to the Department of Labor – Invalids and Social Affairs where the foreign employee attends. working ants; Include the following documents:
Application for work permit (Form No. 07 issued together with Circular 40/2016 / TT-BLĐTBXH);
Health certificate or health certificate issued by competent foreign or Vietnamese medical agencies or organizations and valid for 12 months, counting from the date of conclusion of health conclusion to the date of submission profile;
A criminal record card or a document certifying that the foreign employee is not a criminal or subject to criminal prosecution issued by a foreign competent authority;
In case a foreign employee resides in Vietnam, only a criminal record certificate issued by Vietnam is required. Residence here means that the foreign employee has registered permanent residence or temporary residence in Vietnam.
These documents must be issued within 6 months from the date of issue to the date of submission.
Documents proving to be a manager, executive director, expert or technical worker; is one of the following:
* In case of a manager or executive director:
Written appointment of the CEO / Written appointment of a manager or a document certifying that the manager or executive director of an agency, organization or enterprise.
* In case of experts:
– Written confirmation of being an expert of an overseas agency, organization or enterprise; Include the following main contents: Name of the agency, organization, enterprise certifying; information about experts: full name; date of birth; nationality and occupation of an expert in accordance with the position they are expected to work in Vietnam;
– Copies of diplomas (from university or higher or equivalent) and written certification that foreign employees have at least 03 years of professional working experience in accordance with the job position they are expected to work. in Viet Nam.
* In case of technical labor:
– Papers proving or the written certification of foreign agencies, organizations or enterprises that the foreign laborers have been trained in technical disciplines or other specialties for at least 1 year and suitable to their positions. work that they are expected to work in Vietnam;
– Papers proving that the foreign employees have at least 03 years of working experience in the specialized field trained and suitable to the job position they are expected to work in Vietnam.
In addition, for a number of occupations, jobs, documents proving the professional and technical qualifications of foreign employees are replaced with one of the following papers:
– Certificate of recognition as a craftsman for traditional trades by a foreign competent authority;
– Documents proving the experience of foreign football players;
– An air transport aircraft driver license issued by a Vietnamese competent authority to a foreign pilot;
– Aircraft maintenance license granted by a Vietnamese competent authority to foreign workers working on aircraft maintenance.
02 color photos (size 4cm x 6cm, white background, straight face, bare head, no colored glasses), photos taken within 06 months before the date of submission;
Copies of passports or valuable papers in lieu of passports or valid international travel documents as prescribed by law ;;
Depending on each case, submit the following additional papers related to foreign employees:
– For foreign employees who are managers, executives, experts, technical workers who participate in the activities of foreign enterprises that have established a commercial presence in Vietnam, there must be documents proving them. be involved in the activities of that foreign enterprise.
– For foreign employees moving within the enterprise, there must be a document of the foreign enterprise dispatching to work at the commercial presence of the foreign enterprise in the territory of Vietnam and the document proving that they have been granted the enterprise That foreigner has recruited at least 12 months before working in Vietnam.
– For foreign employees performing contracts or agreements on economy, commerce, finance, banking, insurance, science and technology, culture, sports, education, vocational education and medicine In fact, there must be a contract or agreement signed between the Vietnamese and foreign partners, in which there must be agreement on whether they will work in Vietnam;
– For foreign employees who are contractual service providers, there must be a service contract signed between Vietnamese and foreign partners and documents proving that foreign workers have worked for foreign enterprises. outside have not had a commercial presence in Vietnam for at least 2 years.
– For foreign employees offering services, there must be a document of the service provider sending them to Vietnam to negotiate the service provision.
– For foreign employees working for foreign non-governmental organizations and national organizations
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