The procedure for the issuance of Work Permit

In the following article, Siglaw will introduce the procedure for the issuance of Work Permit for foreign workers.

1. The procedure for the issuance of Work Permit 

The issuance of a work permit is implemented as follows:

a. Step 1. Register the demand for foreign workers

At least 30 days before the expected date of the foreign worker employment, the employer needs to register the demand for foreign workers.

- Licensing authority: Department of Planning and Investment

- Estimated time: 10 working days.

- Application include: A written explanation of the demand for foreign workers.

Official letter approving the demand for foreign workers

b. Step 2. Apply for a Work Permit

At least 15 working days before the expected date the foreign worker starts working for the employer, then the employer must submit an application for a Work Permit.

- Licensing authority: Department of Planning and Investment

- Estimated time: 05 working days.

- Applications include:

• An application form for certification of exemption from work permit

• A fitness to work certificate issued by a foreign or Vietnamese competent health facility issued within 12 months before the submission date of the application or the certificate as specified in regulations of the Minister of Health.

• A police (clearance) certificate or a document certifying that the foreign worker is not serving a sentence, has a criminal record expunged or is not facing a criminal prosecution issued by a foreign or Vietnamese authority.

• The foregoing police (clearance) certificate or document certifying that the foreign worker is not serving a sentence, has a criminal record expunged or is not facing a criminal prosecution issued within 6 months before the submission date of the application.

• Proofs as a manager, executive, expert, technical and certain jobs, works.

• 02 color photos (4cm x 6cm size, white background, front view, bare head, no color glasses), taken within 6 months before the submission date of application.

• An acceptance of demand for foreign workers, unless it is not required.

• A valid certified true copy of passport as per the law.

Work Permit

c. Step 3. Signing the Labor Contract

After the foreign worker is issued a work permit, the employer and the foreign worker must sign a written labor contract according to Vietnamese Labor Law before the working expected date for the employer.

The employer must send the signed labor contract upon request to the authorized agencies that have issued the Work Permit.

2. Legal basis

- Labor Law 2019.

- Decree No. 152/2020/ND-CP dated December 30, 2020 on foreign workers working in Vietnam and recruiting and managing Vietnamese employees working for foreign organizations and individuals in Vietnam.