Work permit services for foreigners
In accordance with the Law of Vietnam, foreigners, who want to legally work in Vietnam, must implement the procedure of requesting the Work permit. Besides, Work permit is one of the most important elements for foreigners to request the temporary residence card.
VinaSC specialized in offering Work permit services for foreigners.
Our services help foreigners to meet the conditions to legally work in Vietnam.
Therefore, in order to avoid administrative penalties and related consequences, enterprises employing foreigners must complete the procedure of requesting the Work Permit before the foreigner begins to work at company.
Regarding the scope of Work permit services for foreigners, VinaSC will give advice and support foreigners and employers hiring foreigners the following contents:
When do the foreigners need to request the Work permit?
To legally work in Vietnam, foreigners must have the Work permit issued by the competent agency.
However, not all foreigners are eligible for a Work permit.
Accordingly, Article 154 of the Labor Law 2019 and Article 7 of Decree 152/2020/ND-CP detail the cases in which foreigners are not eligible for Work permits.
Necessary dossiers for requesting the Work permit for foreigners:
Pursuant to Article 9 of Decree 152/2020/ND-CP detailing the application file, including:
1. Document of requesting the Work permit for foreigners;
2. Health certificate of foreigners (within the past 12 months);
3. Judicial record card confirming no criminal record (issued within the past 06 months);
4. Labor contract or other papers with the same validity;
5. Papers and documents proving the foreigner’s professional, technical and experience qualifications at the intended position;
6. Color ID card photo, white background, sized 4x6cm (2 photos);
7. A certified copy of the foreigner’s valid passport (include all pages)
8. Other papers and documents depend on different cases of foreigners in Vietnam.
Procedure of requesting the Work permit for foreigners
Pursuant to Article 11 of Decree 152/2020/ND-CP detailing the procedure of the Work permit issuance, as follow:
Firstly, at least 15 days before the date the foreigner is expected to start working in Vietnam, he/she must submit an application for a work permit to the Ministry of Labor – Invalids and Social Affairs or the Department of Labor – Invalids and Social Affairs where the foreigner is expected to work;
Secondly, within 05 working days from the date of receiving all documents, the competent agencies will issue the Work permit for foreigners. In case of refusal to issue a work permit, a written response will be given clearly stating the reason.
Note: In the case of foreigners working in Vietnam under a labor contract, after being granted a work permit, the employer and the foreigner must sign a written labor contract in accordance with Vietnamese law before the expected working date. At the same time, the employer must send the concluded labor contract to the competent agency that has issued the work permit.
Maturity of the Work permit for foreigners
Pursuant to Article 155 of the Labor Law 2019, the longest maturity of Work permit for foreigners is 02 years. In case of extension, it can be extended only one time for a maximum period of 2 years.
How will foreigners working in Vietnam without a Work Permit and Employers employing foreigners without a Work Permit be penalized?
Pursuant to the provisions of Clauses 2, 3, 4 of Article 32 of Decree 12/2022/ND-CP issued on January 17th, 2022 detailing the penalties for administrative violations in the fields of labor, social insurance, Vietnamese workers go to work abroad under contracts. Specifically:
2. A fine ranging from VND 5,000,000 to VND 10,000,000 shall be imposed for each violation of each employee, but not exceeding VND 75,000,000 for the employer who commits the act of using a foreigner inconsistent with the contents on the work permit or confirmation document that is not eligible to issue the Work permit, unless otherwise regulated by law.
3. A fine ranging from VND 15,000,000 to VND 25,000,000 shall be imposed on foreigners working in Vietnam who commit one of the following behaviors:
a) Working without the Work permit or without the confirmation document of not being eligible for a work permit as prescribed by law;
b) Using an expired work permit or confirmation document of not being eligible for a work permit.
4. Fines shall be imposed on employers who employ foreigners to work in Vietnam without a work permit or without a confirmation document of not being eligible for a work permit or employ foreigners whose work permit or confirmation document of not being eligible for a work permit are expired, at one of the following levels:
a) From VND 30,000,000 to VND 45,000,000 for violations from 01 to 10 employees;
b) From VND 45,000,000 to VND 60,000,000 for violations from 11 to 20 employees;
c) From VND 60,000,000 to VND 75,000,000 for violations from 21 employees.
5. Remedial measures:
Expulsion of foreigners working in Vietnam when violating the provisions of Clause 3 of this Article.
*Note: Above are individual penalty levels. The fines imposed on organization are double of the individual levels.
Thus, when there is a violation of the work permit, both foreigners and enterprises employing foreigners will be administratively penalized. The level of administrative violation can be up to VND 150,000,000 and other additional forms of penalty.
Why should you use VinaSC’s work permit services for foreigners?
– VinaSC with a team of experienced staff in many fields will advise and support to solve legal issues related to Work Permit for foreigners.
– Thorough understanding of the legal provisions on Work Permits for foreigners helps to simplify the procedure and save time in preparing documents.
– Our personnel can meet the needs of foreign languages communication.
– VinaSC’s services cost is consistent with the quality of services that customers receive.
Please contact us for timely advice and support.
