Vietnam’s dynamic economy and welcoming business environment have made it a significant destination for foreign professionals seeking opportunities abroad. Recognizing the need to streamline the process, the Vietnamese Government introduced regulatory updates with Decree No. 70/2023/ND-CP on September 18, 2023. This decree revises certain aspects of Decree No. 152, which outlines the regulations for employing foreign workers and managing Vietnamese employees working for foreign individuals and entities. Understanding these guidelines is crucial for both foreign nationals aiming to work in Vietnam and their prospective employers.
1.Work Permit Definition and Conditions for Legal Employment
A work permit in Vietnam is a mandatory document that legitimizes the employment of foreign nationals, ensuring they meet the government’s standards for legal work. According to Article 151.1 of the Labor Code 2019, the conditions for foreign workers to work legally in Vietnam include:
- Age and Legal Capacity: The worker must be at least 18 years old and possess full legal capacity.
- Qualifications and Experience: The individual should hold technical, professional, or occupational qualifications and experience. These qualifications need to be relevant to the job role they are applying for in Vietnam.
- Health Standards: Applicants must meet the health standards specified by the Minister of Health, ensuring they are fit for employment.
- Legal Clearance: The candidate must not be currently serving a sentence, have unresolved criminal records, or be under criminal prosecution under foreign or Vietnamese law.
- Valid Work Permit: Except for cases specified in Article 154 of the Labor Code, which outlines exemptions, a valid work permit issued by a competent state management agency in Vietnam is required.
2.Work Permit Application Process
The application process for a work permit in Vietnam is structured and involves specific steps that both the employer and the foreign employee must follow. The key stages include:
Step 1: Apply for Approval to Hire Foreign Workers
Before hiring a foreign worker, employers must obtain approval from the local authorities. This involves submitting the following documents at least 15 days before the intended start date of employment:
- Registration Form for Demand for Foreign Workers: As per Form No. 01/PLI under Article 1.2 Decree 70/2023/ND-CP, which amends Article 4 of Decree No. 152/2020/ND-CP.
- Certified Copy of Business Registration: To verify the legitimacy of the employing business.
- Letter of Attorney: Required if the submitter is not the company’s legal representative.
These documents can be submitted to the Department of Labor, Invalids, and Social Affairs (DOLISA) where the foreign worker is expected to work, either directly or online through the National Public Service Portal (dichvucong.gov.vn).
Step 2: Prepare Documents for Work Permit Application
Upon receiving the approval letter from the first step, the employer needs to prepare the following for the work permit application:
- Work Permit Application Form: Form No. 11/PLI under Decree 70/2023/ND-CP.
- Health Check and Police Check: Both issued within the last 12 months and 6 months, respectively, either in Vietnam or legalized if issued abroad.
- Certified Copy of Valid Passport and two recent 4*6cm photos.
- Documents Proving Eligibility: Legalized documents proving the foreigner’s qualifications for the applied position, with certified Vietnamese translations.
Step 3: Submit Documents for Work Permit Issuance
The complete set of documents should be submitted online first to the Ministry of Labor, Invalids and Social Affairs (MOLISA) or the DOLISA of the relevant province at least 15 days before the foreign worker’s start date. After online submission, the employer must bring the original documents for verification to receive the official work permit.
Processing Time and Costs
The total processing time from start to finish is approximately 1.5 to 2 months, accounting for all steps from announcing job positions to issuing the work permit. The cost for issuing a work permit is VND 600,000, while re-issuance and extension costs are slightly lower at VND 450,000 per license.
3.Common Challenges in Obtaining a Work Permit in Vietnam
Navigating the work permit application process in Vietnam can present various challenges for both employers and foreign nationals. Here are some of the most common hurdles encountered, along with strategic solutions to help streamline the process.
- Complex Documentation Requirements
The Vietnamese government requires a comprehensive set of documents to issue a work permit, including legalized qualifications, health checks, and criminal background checks. These documents often need to be translated and certified, which can complicate the application process.
To address this challenge, it’s advisable to begin the document collection and preparation process well in advance. Employers and applicants should consider working with a local expert or legal advisor who understands the requirements and can assist in ensuring that all paperwork is complete, correctly formatted, and submitted on time.
- Bureaucratic Delays
Delays are often caused by the layered bureaucratic processes involved in reviewing and approving work permit applications. These delays can be exacerbated by incomplete applications or errors in the submitted documents.
Employers can mitigate these delays by ensuring that all forms are accurately filled out and that every required document is meticulously prepared. Utilizing online submission options where available can also speed up the process. Regular follow-ups with the Department of Labor, Invalids, and Social Affairs (DOLISA) can help keep the application on track and address any issues promptly.
- Changes in Regulatory Framework
Vietnam’s regulatory environment regarding work permits can change frequently, which may lead to confusion and non-compliance if the employer or the foreign worker is not up-to-date with the latest requirements.
Staying informed about the latest immigration laws and regulatory updates is crucial. Employers should consider subscribing to updates from reliable sources, such as government websites or reputable legal firms specializing in Vietnamese labor law. Regular training sessions for HR personnel can also be beneficial.
- Legalization and Verification of Foreign Documents
One of the more complex requirements is the need to legalize foreign documents such as diplomas and background checks. This process can be time-consuming and requires dealing with multiple authorities in the country of origin and in Vietnam.
To streamline this process, plan well ahead and understand the specific requirements of Vietnamese authorities regarding legalized documents. It may be efficient to use professional services that specialize in handling document legalization and verification to ensure that all paperwork complies with Vietnamese regulations.
Conclusion
While obtaining a work permit in Vietnam involves navigating through several challenges, understanding these issues and preparing for them can significantly ease the process. Employers and foreign nationals who take proactive steps to address these challenges will improve their chances of a smooth application experience, ensuring compliance with Vietnamese laws and facilitating successful employment in Vietnam.
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