Work permit for foreigner working in Vietnam

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Legal Consultancy for Japanese investors in Viet Nam
Legal Consultancy for Japanese investors in Viet Nam

SBLaw understands that you are now looking for a professional law firm to advise the necessary steps to obtain work permit for foreigner working in Vietnam. We therefore would like to send herewith our legal service proposal for your kind consideration.

I.LEGAL FRAME FOR WORK PERMIT IN VIETNAM

According to Decree 102/2013/ND-CP date September 5th, 2013 that took effect on November, 1st, 2014 on employment and administration of foreigner working in Vietnam who intend to stay for duration of three months or more are required an MEBV (Multiple Entry Business Visa) and Work Permit.

Also, based on that Decree, foreigner working in Vietnam must have work permit, except for the following forms:

(a) A foreigner working pursuant to a labor contract with the term under 3 months.

(b) A foreigner is member of limited liability company with two members upward.

(c)  A foreigner is owner of limited liability company with one member.

(d) A foreigner is member of Board of Directors of joint stock company.

(e) A foreigner offering services.

(f) Foreigner lawyers working in Vietnam having permission from Ministry of Justice.

(g) Foreigners being chiefs of representative offices or project offices or foreigners authorized by foreign non-governmental organizations to represent the organizations’ operations in Vietnam;

(h) Foreigners moving within enterprises which operate in 11 service sectors under Vietnam’s service commitments to the World Trade Organization, namely business; communications; construction; distribution; education; environment; finance; health; tourism; recreational culture; and transport services;

(i) Foreigners entering Vietnam to provide professional or technical consultancy or perform other jobs for the study, formulation, appraisal, supervision, evaluation, management and implementation of official development assistance (ODA)-funded programs or projects under regulations or ODA treaties signed between competent Vietnamese and foreign authorities;

(j) Foreigners licensed for communication and journalistic operations in Vietnam under law by the Ministry of Foreign Affairs;

(k) Other cases provided by the Prime Minister.

To be obtained work permit in Vietnam, the applicant should be satisfied the following requirements:

– Be at least 18 years of age;

– Health in good condition to satisfy the specific demands and requirements of the job;

– Free of any criminal record or national security offence, not currently facing criminal prosecution, or not serving a criminal sentence during assignment.

II. OUR LEGAL SERVICE FOR WORK PERMIT AND TIMIN

1.SCOPE OF WORK

Preparation of the application documents:

  • Notifying application documents required in accordance with Vietnamese law;
  • Drafting application documents required for submission purpose;
  • Liaising with SBLaw to discuss the draft application documents;
  • Amending the application documents based on your comments;
  • Obtaining preliminary comments from the licensing authority on the draft application documents;
  • Finalizing the application documents following comments from the licensing authority; and
  • Translating the final version of the application documents into Vietnamese for execution.
Licensing procedures:

  • Submitting the application dossier to the licensing authority on your behalf;
  • Monitoring and following up with the relevant authorities on the approval process;
  • Keeping your company updated on the developments and additional requirements, if any; and
  • Assisting you in obtaining Work Permit

2. TIMING

– Within 02 working days counted from your delivery of necessary documents and information as provided under legal services contract between SB and client, we shall transfer necessary documents to client for reviewing and signing.

– Within 15 working days from submission of legitimate application dossiers to Department of Labor, Invalids & Social Affaire (“DOLISA”), SBLaw shall obtain work permit for client.

III. OUR DELIVARABLES

The Deliverables will include documents prepared in Vietnamese as required for submission to licensing bodies. You will review, approve and where necessary sign these documents.

SBLaw may provide English translations of these documents (or extracts thereof), but the translated documents should be used for reference other the purposes of discharging your responsibility for the positions taken and the underlying company information.

IV. PROFESSIONAL FEE

For scope of work as mentioned above, SBLAW shall charge a lump sum US$ 700 (Seven hundred US Dollars).

Our fee excludes 10% VAT, expenditure for translation of documents provided by you from English into Vietnamese (9USD/300 words) and the fee for obtaining Criminal Record (350 USD/ 1 Clean Criminal record) if the foreigner has been staying in Vietnam for more than 6 months, actual communication fee, notarized fee, legalized fee and certified fee for the documents (if any), …).