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How are the procedures and documentation for obtaining work permits for foreigners in Nha Trang, Vietnam, according to the new regulations?
Conditions for Foreign Workers in Vietnam
According to the provisions of Article 151 of the Labor Code, foreign workers in Vietnam are individuals who are foreign nationals and must meet the following conditions:
– Be at least 18 years old and have full civil capacity;
– Possess professional skills, technical expertise, vocational skills, work experience, and meet the health requirements as stipulated by the Ministry of Health;
– Not be serving a sentence, have their criminal records expunged, or be under investigation for criminal liability according to the laws of foreign countries or Vietnamese law.
Categories of Foreign Workers Eligible for Work Permits According to Vietnamese Law
Foreign workers in Vietnam can engage in the following types of work and positions: Execution of labor contracts; Intra-enterprise transfers; Execution of contracts or agreements related to economics, commerce, finance, banking, insurance, science, technology, culture, sports, education, vocational training, and healthcare; Service providers under contracts; Offering services; Working for non-governmental organizations, international organizations in Vietnam, in accordance with Vietnamese law; Volunteers; Individuals responsible for establishing commercial presence; Managers, executive directors, specialists, and technical workers; Participation in the implementation of projects and tenders in Vietnam.
The most common positions for foreign workers in Nha Trang, Vietnam, currently include managers, executive directors, specialists, and technical workers. These are positions where the local workforce may not fully meet the demand, hence the need to recruit foreign labor.
Procedures and Process for Applying for Work Permits for Foreigners
Step 1:
Businesses and organizations requesting to employ foreign labor must seek approval for their labor demand. They submit Form 01 – Application for the Use of Foreign Labor (Form 01/PLI) – Appendix to Decree No. 70/2023/ND-CP to the Department of Labor, Invalids and Social Affairs of the province or city at least 15 days before the intended employment date.
In accordance with the new regulations under Circular No. 23/2017/TT-BLĐTBXH, effective from October 2, 2017, employers can also submit these applications online via the electronic information portal http://dvc.vieclamvietnam.gov.vn/ with the following procedure:
– Employers register an account on the electronic information portal mentioned above and submit their applications using the created account at least 20 days before the intended employment date.
– Within 15 days of receiving a valid labor demand application, the competent authority will notify the employer of the approval via email. If the submitted documents are not valid, the competent authority will issue a notice for corrections.
– After receiving approval to employ foreign labor, the employer must submit the original application documents directly or via mail to the competent authority. The competent authority will return the approved work permit to the employer within 8 working hours of receiving the original documents.
Step 2:
To obtain a new work permit for a foreign worker in Vietnam, the following documents are required:
1/ Application for a work permit as per Form 11/PLI – Appendix 11 (attached to Government Decree No. 152/2020/ND-CP dated December 30, 2020).
2/ Letter of approval for the foreign worker’s job position (obtained in Step 1).
3/ Certified copy of the business registration certificate or investment registration certificate (1 copy).
4/ Health certificate issued abroad or in Vietnam by a qualified medical facility according to the regulations of the Ministry of Health (valid for 12 months).
5/ Criminal record or Certificate of No Criminal Convictions issued in the foreign worker’s home country or in Vietnam (issued within the last 6 months).
6/ This document must confirm that the foreign worker is not currently serving a sentence, does not have a criminal record, or is not under investigation for criminal liability.
7/ Certified copies of all passport pages and visa of the foreign worker (1 copy).
8/ Two passport-sized photos (4×6 cm), with a white background, without wearing glasses.
9/ Documentation confirming qualifications for the positions of managers, executive directors, specialists, technical workers, or teachers (university degree, work experience certificates obtained abroad, etc.).
Specifically:
– For foreign experts: A university degree or equivalent and at least 3 years of relevant work experience in a field suitable for the intended position in Vietnam, or at least 5 years of experience with a relevant professional certificate for the intended position in Vietnam.
– For foreign managers and executive directors: A confirmation letter or certificate indicating a minimum term of 3 years in the position.
– For foreign technical workers: Training in a technical field or a related field for at least 1 year and at least 3 years of experience in that field, or at least 5 years of relevant work experience for the intended position in Vietnam.
– For foreign workers transferring within the same enterprise, the following documents are required: A letter from the foreign company detailing the foreign worker’s assignment to work at their commercial presence in Vietnam. A document confirming that the foreign worker has been employed by the foreign company for at least 12 continuous months prior to working in Vietnam.
– For foreign workers executing contracts or agreements related to economics, commerce, finance, banking, insurance, science, technology, culture, sports, education, vocational training, healthcare, etc., the following documents are required as appropriate to the specific contract or agreement:
- For foreign workers providing services under contracts: The contract for services signed between the Vietnamese partner and the foreign company, along with a document confirming that the foreign worker has worked for the foreign company for at least 2 years without a commercial presence in Vietnam.
- For foreign workers offering services: A document from the service provider abroad stating their intent to negotiate service provision in Vietnam.
- For foreign workers employed by non-governmental organizations, international organizations, or associations, the following documents are required: A document from the organization or entity dispatching the foreign worker to work in Vietnam, along with the operating license of the foreign non-governmental organization or international organization in Vietnam, as stipulated by Vietnamese law. Please note that in certain specialized fields such as professional athletes, pilots, aircraft maintenance personnel, there may be additional requirements for the application.
Note: All documents issued abroad or by foreign diplomatic missions in Vietnam must be legalized by consular authorities and translated into Vietnamese.
Where to Submit Work Permit Applications for Foreign Workers?
In cases where businesses are located within industrial zones, work permit applications should be submitted to the Management Board of Industrial Zones of Khanh Hoa province.
For businesses with offices outside industrial zones, work permit applications should be submitted to the Department of Labor, Invalids, and Social Affairs of Khanh Hoa province.
For non-governmental organizations, international organizations, associations, etc., as specified in Article 3, Clause 1 of Circular 40/2016/TT-BLĐTBXH, work permit applications for foreign workers should be submitted to the Bureau of Employment – Ministry of Labor, Invalids, and Social Affairs.
Processing Time for Work Permit Applications
If the employer submits the application online or in person, the processing time for results is 5 working days. The competent authority will issue a work permit if the documents are in order, or issue a notice for corrections if there are any errors. Once the work permit is approved, the employer will receive it via email, and they must submit the original documents to the issuing authority and collect the original work permit.
