Top things to know about Work Permit in Vietnam

Foreigners that planning to enter Vietnam for business purposes are required to have a valid work permit. Applying for a work permit to work in Vietnam can be complicated if you do not have adequate local knowledge or experience. Vietnam work permit and visa are important documents which allow you to get into and work in Vietnam legally. Knowing the importance of work permits for foreign investors, Navigos Search has compiled detailed information that helps you to easily get them.

1. Introduce Vietnam work permit

The Department of Labor, Invalid, and Society has the authority to issue a Vietnam work permit for foreigners. A work permit’s validity lasts 36 months (3 years). After it comes to an expiry date, foreign employees need to reapply for a renewal one. Below is some information that you will need when approaching to get a working permit:

1.1. What is a work permit in Vietnam?

Work permit issued only by the Department of Labor, Invalid, and Society. A work permit is valid for 36 months (3 years). After it is expired; foreign workers have to reapply for a renewal when you are in Vietnam.

1.2. Why you need a work permit when working in Vietnam?

According to Labor Code 2012, the employers who hire foreign workers have to explain their labor demand to the People’s Committee of provinces and obtain written approval from this agency. Following this written approval, the employers shall apply for the work permit to the Department of Labor, War Invalids, and Social Affairs of the province where the planned working place of such foreign employees is located.

There’s some case you don’t need to obtain a work permit in Vietnam if you are in one of the following:

+ Working duration is less than 3 months.

+ Members of a limited company which consists of more than 1 member.

+ Foreign worker is an owner of one member limited company in Vietnam.

+ Members of BOD at a joint-stock company in Vietnam. 

+ A foreign lawyer with a law practice license issued by the Ministry of justice.

+ Working service sales activities for a foreign company in Vietnam.

1.3. What will happen if a foreigner works in Vietnam without a working permit?

The government of Vietnam will deport any foreign workers in Vietnam without a work permit, or on an expired one. As for employers, an administrative penalty ranging from VND 5 million to VND 10 million will apply if they fail to, or insufficiently report, any employment of foreigners to the authorized agencies. If the violation is serious, the employers might also be suspended from operating for up to 3 months.

2. Work permit procedures and requirements in Vietnam

2.1. Requirements to apply for a work permit in Vietnam

A foreign worker applying for a work permit must not have a criminal record or be subject to criminal prosecution under Vietnamese and foreign laws. Required documents are as follows:

+ Request for work permit form (prepared by employers)

+ Health check certification.

+ Criminal records (must be issued within 180 days). In case foreign workers have stayed more than 6 months in Vietnam, they will have to provide criminal records both in Vietnamese and their home countries.

+ Degree (university or higher).

+ Working experience confirmation document from former employers.

+ Copies of passports which certified by the authority of foreign worker’s home country. 

+ Approval document from Committee which allows the employer to use Foreign workers.

+ Employer’s Business certification.

+ Passport photos (2).

2.2. Application process

You will need to do the following needed documents to apply for a work permit in Vietnam.

Step 1: Completing the application form and submitting it at the municipal office of the Department of Labor, Invalid and Society. The application consists of these steps:

Get a letter from your employer that confirms your position in the country.

Prepare three (3) passport photos.

Get a health check-up and get a certificate from a hospital in your home country or Vietnam.

Get a criminal record check both in Vietnam and from your home country.

Step 2: Handling all the necessary documents along with application forms to submit to the Department of Labour in Vietnam and collecting the work permit around 15 working days.

3. The fee to get a work permit in Vietnam

After submitting enough required documents and work permit form, you have to wait for the processing time around 15 working days.

The fee for a work permit application in Vietnam varies with three major levels