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Understanding the requirements and procedures for obtaining a Vietnam work permit is crucial for foreigners planning to work or conduct business in the country for an extended period. A work permit not only allows individuals to legally work in Vietnam but also serves as a prerequisite for obtaining a temporary residence card. This guide will provide essential information on the conditions, exemptions, application process, and validity of Vietnam work permits.

Conditions for Foreigners to Work in Vietnam

To qualify for a work permit in Vietnam, foreign nationals must meet the following conditions, as stated in Clause 1, Article 151 of the Labor Code 2019:

1.         Be 18 years or older and possess full civil act capacity.

2.         Have professional qualifications, technical skills, and relevant work experience.

3.         Maintain good health as prescribed by the Minister of Health.

4.         Not be serving a sentence, have a criminal record yet to be cleared, or be under examination for penal liability under foreign or Vietnamese laws.

5.         Hold a valid work permit issued by a competent authority in Vietnam, except in cases exempt from work permits.

Exemptions from Vietnam Work Permit

According to Article 154 of the Labor Code No.45/2019/QH14, certain individuals are exempt from obtaining a Vietnam work permit. These include:

•           Owners or capital contributors of limited liability companies that meet government regulations.

•           Chairpersons or members of the Board of Directors of joint-stock companies that meet capital contribution requirements.

•           Heads of representative offices, project offices, or individuals working for foreign non-governmental organizations in Vietnam.

•           Individuals working in Vietnam for less than three months.

•           Individuals coming to Vietnam for less than three months to address emergencies or technologically complex situations that Vietnamese or foreign experts already in Vietnam cannot resolve.

•           Lawyers with a professional permit in Vietnam.

•           Cases specified in international treaties to which Vietnam is a signatory.

•           Foreigners married to Vietnamese citizens and residing in Vietnam.

•           Other specific cases allowed by the government.

Positions Covered by the Work Permit

A work permit in Vietnam applies to various positions, including:

•           Execution of labor contracts.

•           Internal transfer within the enterprise.

•           Performance of contracts or agreements in the fields of economy, commerce, finance, banking, insurance, science and technology, culture, sports, education, vocational education, and health.

•           Contracted service providers.

•           Service providers.

•           Employment with foreign non-governmental organizations or international organizations operating in Vietnam.

•           Volunteers.

•           Establishment of a commercial presence.

•           Managers, executives, experts, and technical workers (commonly requested positions).

•           Participation in bidding packages and projects in Vietnam.

•           Relatives of foreign diplomatic missions' members in Vietnam, as specified in international treaties.

Application Process for a Vietnam Work Permit

To apply for a work permit, follow these steps:

Step 1: Obtain approval to employ a foreign worker from the Ministry of Labor, Invalids and Social Affairs (MoLISA), at least 30 days before the intended employment start date.

Step 2: Submit a complete work permit application, which includes:

•           Original passport.

•           Health certificate issued by a qualified Vietnamese health facility within the past 12 months.

•           Criminal record certificate issued by the Ministry of Justice of Vietnam or a foreign competent agency (if using a foreign criminal record, it must be legalized by the Vietnamese Embassy or Consulate).

•           Two identity photos (measured 4x6 cm) with a white background, without wearing glasses.

•           Proof of meeting job requirements (university degree, work experience, etc.).

•           Additional documents specific to the type of employment. Step 3: Submit the application to the Ministry of Labor, Invalids and Social Affairs or the local Department of Labor, War Invalids and Social Affairs at least 15 days before the intended employment start date. Step 4: Pay the work permit fee and await the results. The processing time is typically five working days for a complete and valid application.

Work Permit Validity and Renewal

A Vietnam work permit is initially valid for up to two years. It can be extended for an additional 24 months once. The extension must be initiated between 30 and 45 days before the permit expires. Failure to renew within this period will require the employer to follow the application process again.

Navigating the requirements and procedures for applying for a Vietnam work permit is essential for foreigners intending to work or conduct business in the country. By understanding the conditions, exemptions, application process, and validity of work permits, individuals can ensure compliance with Vietnamese labor laws and enjoy a successful and legally compliant work experience in Vietnam.

If you require assistance with your work permit, feel free to reach out to us for comprehensive guidance. Our dedicated team will handle all the necessary procedures, leaving you with the peace of mind to focus on other priorities. Simply rely on us, and we will ensure a smooth process, culminating in the timely delivery of your work permit right into your hands.