Issuance of work permit for executive of investment project in Vietnam 2023

·       The 2019 Labor Code of Vietnam;

·       Decree No. 152/2020/ND-CP on foreign workers working in Vietnam and recruitment and management of Vietnamese workers working for foreign employers in Vietnam

Employers of foreign workers: Enterprises operating in accordance with the Law on Enterprises, the Law on Investment

Employee: Executive of investment project in Vietnam

Procedure for issuance of work permit

Step 1: Employers offer the acceptance of demand for foreign workers

At least 30 days before the date on which foreign workers are expected to be employed, the employer (except contractor) shall determine the demand for foreign workers for executive position.

Dossiers for the acceptance of demand for foreign workers submitted in Department of Labor, War Invalids and Social Affairs includes:

·       A written explanation of the demand for foreign workers uses Form No. 01/PLI Appendix I appended to Decree No. 152/2020/ND-CP.

·       A certified copy of Business Registration Certificate.

Duration for settlement: Department of Labor, War Invalids and Social Affairs shall issue a document specifying accepted job positions and non-accepted job positions withing 10 days after receiving dossiers.

Step 2: Employers offer the issuance of work permit

After receiving an acceptance of demand for foreign workers, at least 15 days before the date on which Executive of investment project works in Vietnam, employer submits dossiers for the issuance of work permit at Department of Labor, War Invalids and Social Affairs.

Dossiers for the issuance of work permit includes:

·       An acceptance of demand for foreign workers, unless it is not required;

·       An application form for issuance of a work permit No. 11/PLI Appendix I appended to Decree No. 152/2020/ND-CP;

·       A health certificate issued by a foreign or Vietnamese competent health facility issued within 12 months before the submission date of the application;

·       A police 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 which is issued by a foreign or Vietnamese authority;

·       Proofs as executive of investment project;

·       A valid certified true copy of passport as per the law;

·       02 color photos (4cm x 6cm size, white background, front view, bare head, no color glasses), taken within 6 months before the submission date of application.

Note: Documents issued outside Vietnam must be consularly legalized, translated into Vietnamese and certified.

Duration for settlement: Department of Labor, War Invalids and Social Affairs shall issue work permit for foreign labor within 5 days after receiving valid dossiers.

Time limitation for work permit: depend on any of the duration below but not exceeding 02 years.

·       Validity period of the employment contract to be signed.

·       Duration of the foreign worker’s assignment in Vietnam.

·       Duration of the contract or agreement concluded between Vietnamese and foreign partners.

·       Duration of the service contract or agreement concluded between Vietnamese and foreign partners.

·       Duration determined in the document issued by the service provider to send the foreign worker to Vietnam to negotiate the service provision.

·       Validity period in the operation license of the agency, organization or enterprise.

·       Duration determined in the document issued by the service provider to send the foreign worker to Vietnam to establish a commercial presence.

·       Duration stated in a document proving the foreign worker’s eligibility to participate in the operation of a foreign company that has established its commercial presence in Vietnam.

·       Duration stated in the acceptance of employment of foreign worker unless a report on demand for foreign workers as specified in point b clause 1 Article 4 hereof is not required.

Consult, prepare dossiers, implement procedures of issuance, re-issuance, renewal of work permits for foreign labors on behalf of clients.

Support clients to resolve labor disputes.

Viet Anh Legal & Investment

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