Investor: Dear Sirs/Madam, I would like to introduce myself as Manager Human Resource in company incorporated under the Companies Act in India.
We have our registered office in Varanasi and corporate office in Gurgaon, India.
We are in discussion with a Vietnamese company to Dismantle a complete Pulp Plant from Holland and Install it in Vietnam.
The duration of the work in Vietnam will be for about 2 years. The total workmen proposed to be employed for this project will be between 400-500 workmen.
We proposed to get 60% of the strength from our own team in India and the rest 40% we would either sub-contract it to a capable contractor in Vietnam or employ local labour directly.
In this connection we would like to engage you as our Consultants and would like to get all assistance regarding employment of local Vietnamese workmen and for bringing workmen from India to work in Vietnam.
We would like to receive your offer, indicating your fees/remuneration for initial information / discussions and for providing detailed consultancy with respect to the local and expat labours to be employed for the project.
Hope to hear from you soon.
Lawyer: We refer with thanks to your email from which we were requested to advice on obtaining the Work Permit for foreigner working in Vietnam.
Therefore, we are grateful to present our legal services proposal for your review and consideration as follows:
I.BRIEF INTRODUCTION TO REGULATION ON OBTAINING WORK PERMIT
a. Under Vietnam Law, except for cases 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: in which foreign employee are exempted from work 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 September 05 The Labor Code 2012 on foreign workers in Vietnam, the foreign employees need to satisfythe 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
SBLAW is ready to provide a service package to the Client for the purpose of obtaining work permit for foreign employees as follows:
2.1.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.
2.2.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, SBLaw shall transfer necessary documents to client for reviewing and signing.
– Within 10-15 working days from the submission of application dossiers to Department of Labor, Invalids & Social Affaire (“DOLISA”), SBLaw shall obtain the Work Permit and hand over to Client.
4.PROFESSIONAL FEE
4.1. The Price for performing the S&B Law services as mentioned in item 4 above will be 700USD (Seven hundred US Dollar). The fee is exclusive of 10% VAT and any disbursements including, governmental fee, consularization, legalization fees; expense for translating your documents from English into Vietnamese (as 10USD per 300 words); obtaining Criminal Record (300 USD/ 1 Criminal record) if the foreigner have been staying in Vietnam for more than 6 months; Actual communication fee and travelling costs required in performing the legal services. Client is, therefore, required to reimburse these expenses.
4.2. Services fee shall be paid to SBLaw as follows
– Within three (03) working days from the date of signing the legal service contract, you will pay for SBLaw an advance payment which equivalent to 50% of the total estimated services fee.
– You will pay the remained fee and other cost and disbursement incurred on your behalf within five (05) working days from obtainment of Work Permit.
– You will immediately notify SBLaw of when actual payment(s) will be made on the amount specified in the invoice(s). SBLaw will start working only upon receipt of payment of the respective invoice(s). Alternatively, SB Law reserves the right to withdraw the service if payment is not received 10 days after the date of the invoice. Further, in the event payments are not received by the payable date, SBLaw reserves the right to suspend services and/or levy and collect a late payment fee of 0.5% per month up to the date of receipt of payment by SBLaw.
