1. Work permit in Vietnam
Under Vietnam Law, except for cases[1] in which foreign employee are exempted from work permit, all foreign employee must obtain work permit to be employed in Vietnam. In order to obtain Work Permit, Employer and Employee must satisfy following requirements:
a. Requirements for the employers:
Article 170, Labor Code 2012, when hiring a foreign employee, the employers need to satisfy the recruitment conditions as follows:
(i) The enterprises, agencies, organizations, individuals and contractors in the country are only entitled to recruit foreign citizen to work as manager, operating director, specialist and technical employee while Vietnamese employee has not meet the production and business demand.
(ii) The foreign enterprises, agencies, organizations, individuals and contractors before recruiting employees who are foreign citizens to work in the territory of Vietnam must explain the demand for labor employment and be approved in writing from the competent state agency.
b.Requirements for the foreign employees:
According to Decree 102/2013/ND-CP date September05th, 2013 elaborating some articles of The Labor Code 2012 on foreign workers in Vietnam, the foreign employeesneed to satisfy the following requirements:
(i) The worker is capable of civil acts as prescribed by law.
(ii) The worker’s health is suitable for his or her job.
(iii) The worker is a manager, executive officer, expert, or technician.
(iv) The foreign workers that provide medical examination, medical treatment in Vietnam, or work in education and vocational training must meet the conditions for provision of medical examination, medical treatment, education and vocational training of Vietnam’s law.
(v) The worker is not a criminal or liable to criminal prosecution according to Vietnam’s law and the foreign country’s law.
(vi) The employment of the foreign worker is approved in writing by a competent authority.
2.SCOPE OF SERVICES
SB LAW is ready to provide a service package to the Client for the purpose of registering the Work Permit at Department of Labor, Invalids & Social Affairs (“DOLISA”)and registering the Temporary Residence Card at Department of Immigration of HCMC as follows:
2.1. Registering of Work Permit at Department of Labor, Invalids & Social Affairs (“DOLISA”).
– Preparation of the application documents:
- Notifying application documents required in accordance with Vietnamese laws;
- Drafting application documents required for submission;
- Liaising with the Client to discuss about the drafted application documents;
- Amending the application documents based on the Client’s comments;
- Obtaining preliminary comments from the licensing authority on the draft application documents;
Finalizing the application documents following comments from the licensing authority.
– Licensing procedures:
- Submitting the application dossier to the licensing authority (the DOLISA) on the Client’s behalf;
- Monitoring and following up with the relevant authorities on the approval process;
- Keeping the Client updated on the developments and additional requirements, if any; and
Receiving the result and handing it over to the Client.
3.TIMING:
– Within 02 working days from the full receipt of necessary documents and information provided by Client, SB Law shall transfer necessary documents to client for reviewing and signing.
– Within 01 working days upon receiving the application dossiers from Client, SB Law submit the Explanation Letter for foreign labor demand which is required to be submitted 30 days before the submission date of Work Permit application.
This step shall take 25 days for obtaining the Approval Letter for foreign labor demand.
– Within 25 working days from the obtaining of Approval Letter for foreign labor demand issued by DOLISA, SB Law shall submit the Work Permit application.
– Within 15 working days from the submission of application dossiers to DOLISA, SB Law shall obtain the Work Permit and hand over to Client.
4. For the procedureson Temporary Residence Card registration at Department of Immigration of HCMC:
– Submitting the application dossier to the Police Department of Immigration on the Client’s behalf.
– Receiving the Temporary Residence Card and handing it over to the Client.
5. TIMING:
– Within 02 working days from the submission of Work Permit, SB Law shall transfer necessary documents to client for reviewing and signing.
– Within 01 working days upon receiving the application dossiers from Client, SB Law shall submit the Temporary Residence Card application at the Department of Immigration.
– Within 10 working days from the submission of application dossiers, SB Law shall obtain the Temporary Residence Card and hand over to Client.
[1]Being shareholder or owner of limited liability company; member of Board of Director of Joint Stock Company; Head of Representative Office, project of international organization, non-governmental organizations in Vietnam, coming to Vietnam with a period of less than 03 months to offer services, coming to Vietnam with a period of less than 03 months to handle the problem, technical situation and complex technology arising that affect or threaten to affect the production and business that the Vietnamese and foreign experts currently living in Vietnam cannot handle, foreign lawyer who has been licensed to practice law in Vietnam Under Lawyer Law, cases under provisions of international agreement in which Vietnam is a member; students who as studying and working in Vietnam, but the employer must give a notice 07 days in advance to the provincial licensing authority.
