IS APPLYING FOR A WORK PERMIT COMPLICATED? WHAT DOCUMENTS ARE NEEDED?
QUESTION
Dear TLK Law Firm, I am currently wondering and hope to have your company answer the question as follows: I am a Laotian and want to go to Vietnam to work. I know that in order to be allowed to sign a labor contract with a company in Vietnam, a work permit is required. However, I don't know if the work permit application is complicated? And what types of legal documents do I need to prepare? Looking forward to your company's answer. Thank you!
RELATED ARTICLES
1. In what cases will work permit be revoked?
3. What are the conditions for foreign workers to work in Vietnam?
Thank you for your trust and sending questions to TLK Law Firm. Based on legal regulations and practical solutions, we would like to send you the following consulting content:
LEGAL BASIS
1. Labor Code No. 45/2019/QH14 passed by the National Assembly on November 20, 2019;
2. Decree 70/2023/ND-CP passed by the Government on September 18, 2023 amending Decree 152/2020/ND-CP regulating foreign workers working in Vietnam;
3. Decree No. 152/2020/ND-CP passed by the Government on December 30, 2020 regulating foreign workers working in Vietnam and recruitment and management of Vietnamese workers working foreigners in Vietnam;
4. Other legal documents providing relevant guidance.
CONSULTATION CONTENT
In recent years, the demand for labor has been increasing, in addition to the domestic labor source, there have been more and more foreign workers applying to work at Vietnamese companies and businesses. To ensure that workers participate in the labor process legally, they must have a work permit. However, to be granted a permit, workers need to submit an application to a competent state agency for a work permit. In order for the procedure to be carried out quickly, document preparation is extremely important. So what documents are needed to apply for a work permit and is it complicated?
Through the article below, we will answer your questions about "Is applying for a work permit complicated? What documents are needed?".
Photo 1. Is applying for a work permit complicated? What documents are needed?_Hotline: 0972118764
I. SOME IMPORTANT LEGAL ISSUES RELATED TO WORK PERMIT APPLICATIONS
1. Conditions for obtaining a work permit
Pursuant to the 2019 Labor Code, foreign workers who want to work in Vietnam need to meet the following conditions:
(1) Be 18 years old or older and have full civil capacity;
(2) Have professional qualifications, techniques, skills, and work experience;
(3) Have good health according to regulations of the Minister of Health;
(4) Not a person who is serving a sentence or has not had his or her criminal record erased or is being prosecuted for criminal liability according to the provisions of foreign law or Vietnamese law;
(5) Have a work permit issued by a competent Vietnamese state agency, except for cases not subject to a work permit according to the provisions of the 2019 Labor Code.
Thus, when the above conditions are met according to the provisions of Vietnamese law, foreigners can work in Vietnam and be granted a work permit according to the provisions of Vietnamese law.
2. Work permit application in normal cases
Pursuant to Decree No. 152/2020/ND-CP, when a foreigner falls into the above cases of being granted a work permit according to the provisions of Vietnamese law, in order to be granted a work permit, the employee needs to prepare 01 set of documents including the following documents:
(1) The employer's written request for a work permit according to the form. In case the foreign worker works for one employer at multiple locations, the written request for a work permit must be included in the form. Workers must fully list work locations;
(2) Health certificate or health examination certificate issued by a competent foreign or Vietnamese medical agency or organization is valid for 12 months from the date of signing the health conclusion until date of submission of application or certificate of good health according to regulations of the Minister of Health;
(3) Criminal record card or document certifying that the foreign worker is not serving a sentence or has not had his or her criminal record erased or is being prosecuted for criminal liability abroad or in Vietnam no more than 06 months from the date of issue to the date of application submission;
(4) Documents and documents proving that you are a manager, executive director, expert, technical worker and some occupations and jobs according to the provisions of Decree No. 152/2020/ND-CP;
(5) Document approving the need to use foreign workers, except in cases where the need to use foreign workers is not required;
(6) Certified copy of passport or copy of passport certified by employer;
(7) Other documents related to foreign workers according to the provisions of Decree No. 152/2020/ND-CP;
(8) 02 color photos (size 4 cm x 6 cm, white background, straight face, bare head, no colored glasses), taken no more than 06 months before the date of application.
In addition, in case the employee authorizes another person to do so, a power of attorney for the person submitting the application and a certified copy of personal legal documents (ID card, citizen ID card, valid passport) of the person carrying out the procedure, other documents as required by the competent state agency (if any). And conduct consular legalization and authentication of the above legal documents according to the provisions of Vietnamese law.
3. Work permit application in special cases
Pursuant to Decree No. 152/2020/ND-CP, when a foreign worker has been granted a valid work permit by a competent Vietnamese state agency and wants to be granted a permit in the following cases: In particular, the application needs to prepare the following documents:
(1) For foreign workers who have been granted a valid work permit and wish to work for another employer in the same position and with the same job title as stated in the permit. work permit, the application file for a new work permit includes:
- Confirmation from the previous employer that the employee is currently working;
- Certified copy of the issued work permit;
- Written request for a work permit from the employer according to the form;
- 02 color photos (size 4 cm x 6 cm, white background, straight face, bare head, no colored glasses), taken no more than 6 months before the date of application;
- Document approving the need to use foreign workers, except in cases where the need to use foreign workers is not required;
- A certified copy of a valid passport according to the provisions of law;
- Other documents related to foreign workers according to the provisions of Decree No. 152/2020/ND-CP.
(2) For foreign workers who have been granted a valid work permit and change their job position or job title or form of work stated in the work permit according to the provisions of law. law but the employer is not changed, the application file for a new work permit includes:
- Work permit or certified copy of the issued work permit;
- Written request for a work permit from the employer according to the form;
- Documents and documents proving that you are a manager, executive director, expert, technical worker and some occupations and jobs according to the provisions of Decree No. 152/2020/ND-CP;
- 02 color photos (size 4 cm x 6 cm, white background, straight face, bare head, no colored glasses), taken no more than 6 months before the date of application;
- Document approving the need to use foreign workers, except in cases where the need to use foreign workers is not required;
- A certified copy of a valid passport according to the provisions of law;
- Other documents related to foreign workers according to the provisions of Decree No. 152/2020/ND-CP.
(3) For foreign workers who are experts and technical workers who have been granted a work permit and have had it extended once but wish to continue working with the same job position and job title written in the work permit, the application for a new work permit includes the following documents:
- The employer's written request for a work permit, according to the form. In case the foreign worker works for one employer at multiple locations, the written request for a work permit must be included. Must fully list work locations;
- Health certificate or health examination certificate issued by a competent foreign or Vietnamese medical agency or organization is valid for 12 months, from the date of signing the health conclusion to the date of submitting the application or certificate of good health according to regulations of the Minister of Health;
- 02 color photos (size 4 cm x 6 cm, white background, straight face, bare head, no colored glasses), taken no more than 6 months before the date of application;
- Document approving the need to use foreign workers, except in cases where the need to use foreign workers is not required;
- Certified copy of passport or copy of passport certified by employer;
- Documents related to foreign workers.
Thus, when preparing documents, employees need to prepare originals or certified copies. If they are from foreign countries, they must be consular legalized, unless exempted from consular legalization according to international treaties to which the Socialist Republic of Vietnam and related foreign countries are members or according to the principle of reciprocity or according to the provisions of law; Translated into Vietnamese and authenticated according to Vietnamese law.
=> See more: Fast and reputable service for applying/ extending/ re-issuing work permit
Photo 2. Is applying for a work permit complicated? What documents are needed?_Hotline: 0972118764
II. SUMMARY OF THE ANSWER SECTION: IS THE APPLICATION FOR A WORK PERMIT COMPLICATED AND WHAT DOES IT NEED TO BE PREPARED?
Dear Customers, from the above synthesis and analysis, TLK Law Firm would like to give the following answer!
A work permit is a legal document that ensures employees participate in the labor process legally. To be granted a work permit, workers need to submit an application for a permit according to the provisions of the 2019 Labor Code and Decree No. 152/2020/ND-CP. The application for a work permit is not complicated and requires preparing the following specific documents:
1. Application for a work permit;
2. Personal legal documents, health certificate, passport, photo card;
3. Document approving the need to employ foreign workers (except for cases where confirmation is not required);
4. Documents proving that you are a manager, executive director, expert, technical worker and some occupations and jobs according to the provisions of Decree No. 152/2020/ND-CP;
5. Other documents related to foreign workers according to the provisions of Decree No. 152/2020/ND-CP.
=> See more: If a passport is about to expire, is it still possible to obtain a visa?
III. HOW SHOULD YOU BEST CHOOSE AN ORGANIZATION THAT PROVIDES LEGAL SERVICES?
An organization providing quality and reputable legal services should have the following criteria:
First: Must be an official legal organization with a legal operating license;
Second: It is better if the Board of Directors must be lawyers, experienced and have high degrees;
Third: Have a team of lawyers and a systematic, professional, and thoroughly trained human resources system;
Fourth: Friendly, dedicated and make every effort for the benefit of customers. Consider customer satisfaction and work quality as your own honor;
Fifth: Professional, thoughtful, flexible and logical service provision process to optimize work performance and save customers' time;
Sixth: Reasonable and competitive service prices;
Seventh: Rich services in both fields of supply and service packages in the same field for customers to choose the appropriate service package, as well as comprehensive support for customers throughout the operation process. movement;
Eighth: Have the ability to Connect - Promote commercial relationships for customers if customers have needs,...
Finding a comprehensive, professional and reputable legal consulting organization is what every customer wants. Because no one wants to risk losing both money and time while the results are not as expected. However, finding such an organization is not easy because the number of service providers in the Vietnamese market today is very large with varying quality.
A suggestion for you: Although our TLK Law Firm does not dare to claim to be the best legal service provider on the market, we satisfy all of the above criteria and more will definitely be a good choice for you.
IV. SOME QUESTIONS RELATED TO WORK PERMIT DOCUMENTS
Question 1: Does the work permit have a time limit?
Reply:
The answer is Yes.
Pursuant to the 2019 Labor Code, workers will be granted work permits by competent state agencies when they fully meet the conditions prescribed by law. However, a work permit is only valid for a maximum of 02 years. In case the employee wants to extend the working period, it can only be extended once for a maximum period of 02 years according to the provisions of Vietnam law.
Question 2: Will the work permit be revoked? And under what circumstances is it revoked?
Reply:
The answer is Yes.
Pursuant to Decree No. 152/2020/ND-CP, work permits will be revoked in one of the following cases:
(1) Work permit expires;
(2) Employers or foreign workers do not comply with the regulations in Decree No. 152/2020/ND-CP;
(3) Foreign workers do not comply with Vietnamese law while working in Vietnam, affecting social security, order and safety.
Thus, when a worker is granted a work permit by a competent state agency but falls into one of the above cases, the competent state agency will revoke the work permit.
Question 3: In what cases does a work permit expire?
Reply:
Pursuant to the 2019 Labor Code, workers will be granted a work permit when they meet all the conditions prescribed by law. However, the work permit will expire in one of the following cases:
(1) Work permit expires;
(2) Termination of labor contract;
(3) The content of the labor contract is not consistent with the content of the issued work permit;
(4) Working inconsistently with the contents of the issued work permit;
(5) Contracts in fields that are the basis for expired or terminated work permits;
(6) There is a written notice from the foreign party to stop sending foreign workers to work in Vietnam;
(7) Vietnamese enterprises, organizations, partners or foreign organizations in Vietnam that employ foreign workers terminate their operations;
(8) Work permit is revoked.
Thus, the work permit will expire if it falls into the above cases according to the provisions of law and the workers' rights will not be guaranteed when participating in the labor process.
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Above is some general advice that we would like to offer to our customers. As a service provider, we always understand and are ready to accompany and solve the needs and difficulties that customers are facing. If you still have questions or need more in-depth advice, please contact the hotline: 0972118764 to receive direct advice from a lawyer (completely free consultation).
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