Investor: Dear Sirs
I know of your company information on your website. Could you please send us Work Permit and Resident Card Service Quotation for Foreigner.
Many thanks.
Lawyer:This is reference to your email from which we understand that your company (hreinafter referred to as “Client”) would like us to assist in obtainment of Work Permit and Temporary Residence Card for foreign employee.
Therefore, we are grateful to present our legal services proposal for your review and consideration as follows:
1. BRIEF INTRODUCTION TO REGULATION ON OBTAINING WORK PERMIT & TEMPORARY RESIDENCE PERMIT
1.1. Obtainment of Work Permit
Under Vietnam Law, except for cases exempted from work permit as follows, all foreign employee must obtain work permit to be employed in Vietnam
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 in which foreign employee are exempted from work permit,
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 torecruit 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 guiding The Labor Code 2012 on foreign workers in Vietnam, the foreign employees need 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. 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.
2. Obtainment of Temporary Residence Permit
Right after obtainment of Work Permit, Foreign Employee shall be entitled to obtainment of Temporary Residence Permit for him/her and his/her spouse and children. Validity term of the Temporary Residence Permit shall be from 1-03 years. However, it must not exceed validity term of the Work Permit. Generally, temporary residence permit granted for Foreign
Employee other than Foreign Investor in Vietnam shall have validity term from 1-02 years.
3. SCOPE OF SERVICES
SB LAW is ready to provide a service package to the Client for the purpose of obtainment of Work Permit and Temporary Residence Permit shall be as follows:
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
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 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 for obtainment of Work Permit.
– Within 20 working days from submission of legitimate Application Dossiers to the Competence Authority, SB Law shall obtain the Official approving dispatch of the provincial People’s Committee.
– Within 12 working days from the date of the sufficient submission, SB Law shall obtain the Certificate of Work Permit for Foreign Employee
– After obtainment of Work Permit, within 02 working days from the date that your
Company provides fully documents at SB Law’s requests, SB Law will draft the Application Dossier of temporary residence card;
– Within 07 working days from submission of legitimate Application Dossiers to the Competence Authority, SB Law shall obtain the Temporary Residence Card for Client.
