What are some documents that a foreigner needs to work in Viet Nam? It is one of the most frequent questions asked by many sponsoring enterprises that intend to employ foreign workers to work for enterprises in Vietnam. Bistax Law Consulting Company is a law firm specializing in consulting documents for foreigners working in Vietnam. With over 7 years of experience in helping customers, Bistax Law Consulting Company Limited would like to share this content so that sponsoring enterprises fully understand about the required documents to register the employment of foreign workers. Thus, foreign workers can legally live and work in Vietnam.
Legal basis:
- Labor Code 2012
- Decree 11/2016/ND-CP regulating foreign workers working in Vietnam.
- Circular 40/2016/TT-BLDTBXH guiding the procedures for obtaining work permits for foreigners.
- Circular 18/2018/TT-BLDTBXH amending and supplementing a number of articles of circulars related to administrative procedures within the scope of state management functions of the Ministry of Labor, War Invalids, and Social Affairs.
Minimum conditions for foreign workers to work in Vietnam
- Have Civil capacity;
- Have professional qualifications, skills, experience and health suitable to the job requirements;
- Not being a criminal or being examined for penal liability in accordance with Vietnamese and foreign laws.
- Have a Work Permit. A work permit is a document licensed by the Labor Management Department for enterprises to legally recruit foreign workers. However, a work permit is exceptional for some cases which are not subjected to the issuance of a work permit under Article 172 of the Labor Law.
What documents do foreign workers need to work in Viet Nam?
For the above conditions, foreign workers who come and work for enterprises in Vietnam have to meet these documents which include:
- Visa or temporary residence card according to the employee’s job title.
- Work permit or the certification of work permit exemption which is suitable for the job title of a foreign worker.
Procedures for foreign workers who need to work in Vietnam
Enterprises should register the need of using foreign workers and obtain work permits before they start to hire them to perform their work at the offices.
Step 1: Register the need of using foreign workers at the company
Method: Fill in all required information, the content must clearly explain the need of using foreign workers.
- Reasons for using foreign workers (if any), requirements on qualifications and work experience of foreigners, and reasons for not being able to recruit Vietnamese for some specific job positions.
Working form: choose one of these working forms as prescribed in Clause 1, Article 2 of Decree No. 11/2016/ND-CP.
- Performance of labor contracts;
- Internal migration;
- Perform all kinds of contracts or agreements on economic, commerce, finance, banking, insurance, science and technology, culture, sports, education, vocational education, and health;
- Services companies provide contracts;
- Offer services;
- Work for a foreign non-governmental organization or an international organization in Vietnam that is permitted to operate in accordance with Vietnamese laws;
- Volunteers;
- Person responsible for establishing a commercial presence;
- Managers, executives, experts, technical workers;
- Participate in the implementation of bidding packages and projects in Vietnam.
Processing time: within 10 working days.
Step 2: Carry out procedures to apply for a work permit for foreign workers
Required documents to apply for a work permit for foreign workers:
- Medical certificate (examined at hospitals in Vietnam or abroad);
- Professional qualifications (University, College Bachelor Degrees or certificate of at least 01 year of training);
- Confirmation letter of at least 03 years of working experience (Must be relevant to the expected working position);
Note: In case a foreign worker had worked at another company before, he/she can prove his/her previous work permit instead of 3 years working experience.
- Criminal record (Can be obtained abroad or at the Department of Justice of Viet Nam);
- A notarized copy of passport;
- A notarized copy enterprise registration cẻtificate (employment enterprise);
- 02 photos of 4×6 cm;
Processing time: within 10 working days
Note: Documents issued by authorities abroad must have the seal of the Ministry of Foreign Affairs and be consular legalized, notarized, and translated into Vietnamese.
Step 3: Sign a labor contract with a foreign worker
The enterprise must sign a labor contract for the foreign workers after work permits are issued. Also, other procedures must be carried out as prescribed in the Labor Law.
Services to support foreign workers to prepare applications to submit work permits in Vietnam
In fact, when carrying out the application to obtain work permits for foreign workers, sponsoring enterprises often face difficulties in evaluating whether the documents are valid and complete or not. Meanwhile, the time to process and accept the application is extended up to 30 days. Therefore, if the documents are performed incorrectly, they will have to be supplemented and re-submitted, which causes some delay and significant impact on sponsoring companies as well as foreign workers.
Bistax Law Consulting Company Limited is a prestigious services agency specializing in processing legal documents for overseas citizens in Ho Chi Minh City. With a team of experienced staff who are knowledgeable in regulations and laws, we will consult you necessary documents to register the use of foreign workers in purpose to obtain work permits. Besides, we also provide services to submit temporary residence cards and entry visas following regulations and laws of Viet Nam.
We always do our best to give the clearest consultation and quickest support to our customers during the process in order to avoid any penalties or problems related to deportation.
When you need any information about the work permit service at Bistax Law Consulting Company, please immediately contact our hotline: 0938336885 for a free consultation.