Question: We have plan to temporary relocate one of our staff (Korean Citizen) to our office in Vietnam (Ha Noi City). Our staff will stay for 6 months at least and could be longer to 1 full year.
– The intended company in Vietnam have a legal entity is in Korea, do we still can request the working permit?
– What is the requirement and duration to get the permit?
– How much does this cost?
Answer:
We understand that you are now looking for a professional law firm to advise the necessary steps to obtain work permit for foreigner working in Hanoi, Vietnam. We therefore would like to send herewith our legal service proposal for your kind consideration.
1. OUR PRELIMINARY COMMENTS
Under Vietnam Law, except for cases in which foreign employee are exempted from work permit1, all foreign employee must obtain work permit to be employed in Vietnam. In order to obtain Work Permit, the Employer and Employee must satisfy following requirements:
a. Requirements for the employer:
According to Vietnam Labor Code, when hiring a foreign employee, the employer needs to satisfy the recruitment conditions as follows:
- 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.
- 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
b. Requirements for the foreign employee:
According to applicable regulations on foreign worker in Vietnam, foreign employee needs to satisfy the following requirements:
- The worker is capable of civil acts as prescribed by
- The worker’s health is suitable for his or her
- The worker is a manager, executive officer, expert, or
- 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
- The worker is not a criminal or liable to criminal prosecution according to Vietnam’s law and the foreign country’s
- The employment of the foreign worker is approved in writing by a competent authority.
2. SCOPE OF WORK
| Preparation of the application documents:
· Notifying application documents required in accordance with Vietnamese laws; · Drafting application documents required for submission purpose; · Liaising with Client 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 |
TIMING
– Within 04 working days counted from your delivery of necessary documents and information as provided under legal services contract between SB Law and client, we shall transfer necessary documents to client for reviewing and signing.
- Within 20 working days from submission of legitimate application dossiers to Department of Labor, Invalids & Social Affaire (“DOLISA”), SB Law shall obtain approval letter for Explanation Letter for Foreign Labor Demand;
- Within 7 working days from submission of application dossier for work permit to DOLISA, SB Law shall obtain work permit for Client.
3. PROFESSIONAL FEE
For scope of work as mentioned above, SB Law shall charge a lump sum VND 15,000,000 (Fifteen million Vietnamese Dong).
Our fee excludes 10% VAT, expenditure for translation of documents provided by you from English into Vietnamese (200,000VND/150 words) and the fee for obtaining Criminal Record if the foreigner has been staying in Vietnam for more than 6 months.
