The foreigners working in Vietnam without a work permit will be deported and enterprises which have workers without permits will also be fined from VND 1,000,000 to VND 3,000,000 (according to Article 22 – the Decree No. 95/2013/ND-CP).
Documents necessary for work permit application
- Written approval to the employer on the use of foreign workers for the job position. Criminal Record Disclosure (a document certifying that the worker has no criminal record).
- Medical Certificate
- Written confirmation of being manager, executive director, expert, or technical worker.
- Photo 4*6cm.
- Certified copy of passport.
- Application form for a work permit
Work permit classification
Issuing a new Work permit:
- The worker has never had a work permit.
- The worker has a valid work permit, yet working for another employer in the same position.
- The worker has a valid work permit and works for the same employer, yet in a different position.
- The worker has an expired work permit and still wants to continue working in the same position.
Reissuing the Work permit: A valid work permit is lost, damaged or the information in the work permit is changed, except in special cases. A work permit with the term of validity of at least 5 days, but not over 45 days. Work permit exemption: Not subject to a work permit: According to Article 7 of the Decree No. 11/2016/ND-CP, there are many cases in which a work permit is exempted, but foreign workers are required to carry out the confirmation procedures with Department of Labor, Invalids and Social Affairs
Legal documents about work permit
- The Decree No. 11/2016/ND-CP (Effective date: April 01, 2016)
- The Official Letter No. 619/TTg-KGVX.
- New Regulations on work permit issuance in 2016.
- The Resolution No. 47/NQ-CP (Effective date: July 08, 2014)
- The Official Letter No. 4279/UBND-VX notifying the amendments to the Resolution No. 47/NQ-CP.
- The Decree No. 102/2013/ND-CP (Effective date: November 01, 2013)
- The Official Letter No. 6107/SLDTBXH-VL responding issues in the Decree No.102/2013/ND-CP.
- The Circular No. 03/2014/TT-BLDTBXH guiding the implementation of the Decree No.102/2013/ND-CP.
- The Decree No. 102/2013/ND-CP stipulating several articles of labor laws applied to foreigners working in Vietnam.
Cases required for work permit
Citing from Article 2 of the Decree No. 11/2016/ND-CP, workers who are foreign citizens working in Vietnam must obtain a work permit, except for a few cases that are subject to be exempted from the work permit as prescribed by law.
- Performing the employment contracts;
- Mobilizing internally within the enterprise;
- Implementing the contracts or agreements on economy, trade, finance, banking, insurance, science and technology, culture, sports, education, vocational education and health;
- Being service providers under the contracts;
- Offering services;
- Working for foreign non-governmental organizations and international organizations in Vietnam that are permitted to operate in accordance with Vietnamese laws;
- Being volunteers;
- Being the person in charge of establishing a commercial presence;
- Being managers, executive directors, experts, and technical workers;
- Participating in the implementation of bidding packages and projects in Vietnam
Why shouldn’t you apply the work permit by yourself?
- Work permit is a complicated document.
- The regulations on Work permitmay change constantly, so it is required to have the knowledge of laws to apply for it
- When submitting the application, you must prepare carefully and have a reasonable explanation to the State officials about your application
Why Kali Visa’s work permit service?
- We have more than 10 years of experiences in preparing Work permit application
- We are trusted by large and reputable customers.
- We always calculate to give customers the best costs.
- Time-saving and effort-saving for customers.
- We support you upon obtaining Work permit:
- Consulting in applying for temporary residence.
- Notifying when the work permit is going to expire.
- Supporting in making reports, employment contracts, and submitting them to the relevant agencies.
Frequently Asked Questions
Question – What are necessary documents required for the work permit application?
Answer – The work permit application basically includes the following documents: Written request for work permit application of the employers under the provisions of Ministry of Labor, Invalids and Social Affairs. Medical Certificate. Photo (size 4×6, white background, no colored glasses). Criminal Record Disclosure. Business License. Other documents such as bachelor’s degree, experience confirmation, etc. based on different job titles.
Question – How long is the validity term of work permit?
Answer – The term of the issued work permit shall not over 2 years. However, depending on the agreements between the foreign workers and foreign employers, the term of the work permit varies in each case. Reference: Work permit for foreigners working in Vietnam
Question – Can the expired work permit be extended?
Answer – According to the Decree No. 102/2013/ND-CP and the Circular No. 03/2014/TT-BLDTBXH, the term “work permit extension” is changed to “re-issuance of work permit”. In case the work permit expires and the foreign worker still wants to work for the current company, the work permit can be re-issued.
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