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Documents to prove as a manager, executive, expert, technical worker

09/08/2021
Foreign workers can work under the titles of manager, executive director, expert or technical worker. Proving that the employee meets all the conditions to be able to hold one of the above positions is what the enterprise needs to do to apply for a Work Permit.

1. Documents to prove as the manager.

In simple terms, a manager is an authority in the company, responsible for planning, organizing, leading and managing the company, and is the person who has the authority to sign the company's transactions on behalf of the company according to the provisions of the company's charter.

In order to prove the foreign worker is a manager, the enterprise needs to provide the documents as follows:

  • Enterprise Registration Certificate if the manager is also the legal representative of the enterprise.

  • Charter of the enterprise and decision on appointment if the manager holds managerial positions within the company and is recognized by the charter of the enterprise.

2. Documents to prove as the executive.

Executive is the head or a person who directly administers affiliated entities of an agency, organization or enterprise.

For example: the executive is the head of a branch or the head of a representative office of an enterprise.

Thus, when applying for a work permit for a foreign worker who is an executive, the enterprise needs to submit the Branch Operation Registration Certificate, the Representative Office Operation Registration Certificate along with the Charter of the enterprise acknowledges this position.

3. Documents to prove as the expert.

In order to prove the foreign worker is an expert, the enterprise needs to provide the documents as follows:

  • A university degree or higher or equivalent and a written confirmation of at least 03 years of working experience in the specialized training that is correspond with the job position that the foreign worker is expected to work in Vietnam.

  • For example: For a foreign worker who holds the position of Business Administration Expert, the enterprise needs to provide a University Degree majoring in Business Administration and a written confirmation that the employee has held an equivalent position at a foreign enterprise with a term of 03 years or more.

  • A practicing certificate correspond with the position in which the foreign worker is expected to work in Vietnam and a written confirmation of at least 05 years of experience.

Thus, in some professions that require practicing certificate such as accountant, auditor or construction worker, employees need to have corresponding practicing certificate and written confirmation of having at least 5 years of experience from a foreign organization or enterprise.

4. Documents to prove as the technical worker.

With the position of technical worker, when applying for Work Permit, the enterprise needs to present one of the following documents:

  • A diploma in a technical or other discipline with a training period of at least 1 year and a written confirmation of holding an equivalent position for 3 years or more of a foreign enterprise or organization.

  • A written confirmation that the worker has held an equivalent position for 5 years or more at a foreign enterprise or organization.

Note: All documents issued by foreign agencies and organizations when used in Vietnam need to be consular legalized.

5. Legal basis

  • Labor Law 2019

  • Decree 152/2020/ND-CP on December 30, 2020 on foreign workers working in Vietnam and recruitment and management of Vietnamese workers working for foreign employers in Vietnam.

For comprehensive support, please contact:

Siglaw legal company limited (Siglaw Firm)

Hotline: +84 967 818 020

Headoffice in Hanoi:

Address: Floor 12A Sao Mai building, No. 19 Le Van Luong street, Nhan Chinh Ward, Thanh Xuan District, Hanoi.

Hotline: +84 967 818 020

Email: hanoi@siglaw.vn

Ho Chi Minh City Branch:

Address: 21 N4 street, Commercial service and housing complex at No.16/9 Bui Van Ba street, Tan Thuan Dong Ward, District 7, Hochiminh city.

Hotline: +84 985 982 659

Email: hcm@siglaw.vn 


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Siglaw legal company limited
Head Office:
Address: Floor 12A Sao Mai building, No. 19 Le Van Luong street, Nhan Chinh Ward, Thanh Xuan District, Hanoi.
Hotline: +84 967 818 020
Email: hanoi@siglaw.vn
 
Branch in Central Area:
Địa chỉ: 177 Trung Nu Vuong Street, Hai Chau District, Da Nang, Vietnam
Hotline: 84 967 818 020
 
Branch in Ho Chi Minh:
Address: 21 N4 street, Commercial service and housing complex at No.16/9 Bui Van Ba street, Tan Thuan Dong Ward, District 7, Hochiminh city.
Hotline: 84 967 818 020
Email: hcm@siglaw.vn
 
Free Consultation 24/7: +84 967 818 020