Apply for a Work Permit for Foreigners in Vietnam.

Here is the English translation of the provided text:

Currently, the demand for foreign labor in Vietnam is increasing. Foreign workers coming to Vietnam need to comply with the regulations of Vietnamese law regarding the management and employment of foreign labor.

1. Legal Basis:

• Labor Code 2019.

• Decree 152/2020/ND-CP.

2. Conditions for applying for a work permit for foreigners:

The conditions for issuing a work permit for foreigners include:

• Being at least 18 years old and having full legal capacity;

• Possessing professional qualifications, technical skills, work experience, and sufficient health according to the regulations of the Minister of Health;

• Not being a person currently serving a sentence or not yet cleared of a criminal record or being under investigation for criminal responsibility according to the laws of the foreign country or Vietnamese law;

• Holding a work permit issued by the competent Vietnamese authorities, except in cases where the foreign worker is not subject to the work permit requirement under Article 154 of the Labor Code 2019.

3. Procedure for applying for a work permit for foreigners:

Phase 1: Registering the need for foreign labor with the competent authority:

Registering the approval to use foreign workers is the first crucial step to apply for a work permit for foreigners to work legally in Vietnam.

At least 30 days before the expected date of employing foreign workers, employers, excluding contractors, must assess the need for foreign workers for positions that cannot be filled by Vietnamese workers and report this to the Ministry of Labor, War Invalids, and Social Affairs or the People's Committee of the province or city where the foreign worker is expected to work.

If there is any change in the need for foreign workers during the process, the employer must report this to the Ministry of Labor, War Invalids, and Social Affairs or the provincial People's Committee at least 30 days before the expected employment date of the foreign worker.

Phase 2: Applying for the work permit:

Step 1: Preparing the application documents:

The application documents for a work permit for a foreigner include:

• A written request for a work permit for the foreigner (according to Form No. 11/PLI)

• A consular legalization and Vietnamese translation of the health certificate issued abroad or an original health certificate issued in Vietnam at hospitals or clinics meeting the Ministry of Health's standards (within 12 months);

• A consular legalization and Vietnamese translation of the foreign criminal record certificate issued abroad or an original foreign criminal record certificate issued in Vietnam, valid for 6 months;

• Passport and visa of the foreigner (notarized copy);

• Documents proving the foreigner’s role as a manager, director, expert, technical worker, teacher (university degree, work experience verification of at least 3 years abroad, etc.). These documents must be consular legalized and translated into Vietnamese;

• Two color photos (4×6 size, white background, no glasses);

• Documents related to the foreign worker (company's appointment decision, employment contract, company charter, etc.).

Step 2: Submitting the application:

Submit the application to the Ministry of Labor, War Invalids, and Social Affairs or the Department of Labor, War Invalids, and Social Affairs in the province where the foreign worker is expected to work at least 15 days before the expected start date of the foreign worker.

If you require further information or legal advice, please feel free to contact us for support.