HOW TO APPLY FOR WORK PERMITS FOR FOREIGN INVESTORS

A work permit is a document that allows a foreigner to work legally in Vietnam. The work permit must clearly state information about the employee, including full name, passport number, date of birth, nationality, the name and address of the organization, and the position. Are there any requirements regarding work permits for foreign investors and how to carry out that procedure? The following article shall provide you with further details.

1. Work permit requirement for foreign investors

Foreign investors are those who contribute capital to investment projects in Vietnam. They are often named on the company's investment certificate or business registration.

Decree 152/2020 stipulates that there are 2 cases where investors are exempted from work permits:

- The individual is the owner or capital contributor of a limited liability company with a capital contribution value of at least 3 billion VND.

- The individual is the Chairperson or a member of the Board of Directors of a joint-stock company with a capital contribution value of at least 3 billion VND.

Both cases above require an investor's capital of at least 3 billion VND, which means investors with a capital of less than 3 billion VND will not be exempted from work permits. That means they have to apply for a work permit.

2. Issuance procedure of work permits for foreigners.

Step 1: Explain the need to use foreign workers

The employer shall explain the demand for using foreign workers to the competent authority (Department of Labor, War Invalids and Social Affairs of the province/city or the provincial People's Committee). The processing time is 15 days from the date of receipt of complete and valid dossiers as prescribed.

Step 2: Application dossier for issuance of a work permit

- Dossier includes:

+ An application form for certification of exemption from work permit No 7/ Circular 40/2016/TT-BLĐTBXH appended
+ A fitness to work certificate issued by a foreign or Vietnamese competent health facility
+ A police (clearance) certificate or a document certifying that the foreign worker is not serving a sentence, has a criminal record expunged or is not facing a criminal prosecution issued by a foreign or Vietnamese authority.

- In case an enterprise is located in an industrial zone, it shall submit an application for a work permit at the Management Board of industrial zones of the province (city) where the enterprise is located.

- In case an enterprise has a regular head office, submit it to the Department of Labor, War Invalids and Social Affairs of the province (city).

- In cases of non-governmental organizations, international organizations, associations... according to Clause 1, Article 3 of Circular 40/2016/TT-BLĐTBXH, the application for a work permit for foreigners shall be submitted to the Department of Employment of the Ministry of Labor - Invalids and Social Affairs.

Service consultation on work permit at HTC Vietnam Law Firm:

- Consult on foreign workers working in Vietnam.

- Consult on conditions of foreign workers working in Vietnam.

- Consult on applying for a new work permit for foreigners.

- Consult on re-granting work permits for foreigners.

- Consult on extending work permits for foreigners.

- Consult on drafting relevant documents.

- Consult on extending work permit duration for foreigners

- Consult on drafting and preparing legal documents

- Consult on fees and charges when applying for a work permit

- And other legal issues related to work permits.

Service Quality Commitment

The following are HTC Vietnam Law Firm’s Principles of Operation: Conscientious - Effective - Reliable. HTC Vietnam Law Firm assures quality, specifically as follows:

Ensure that the work is carried out according to the agreed schedule, in accordance with the law, and in accordance with the code of ethics and Codes of Conduct of Vietnamese lawyers.

Give priority to customers' interests, and make every effort to provide customers with the best quality of service.

Respect the confidentiality of information that clients provided and information pertaining to the clients.

We are looking forward to a long-term cooperation.

Best Regards!

(Writer: Pham Duy Thang/1930; Date: 09/04/2022

Translator: Vu Ngoc Anh)