PROCEDURES FOR THE ISSUANCE OF THE WORK PERMIT TO FOREIGNERS

1. Foreigners working in Vietnam in the following forms:

a) A foreigner working pursuant to a labour contract with an enterprise or organization in Vietnam in accordance with the labour law of Vietnam;

b) A foreigner transferring internally within an enterprise which has a commercial presence in Vietnam;

c) A foreigner performing any of the following types of contract, namely economic, commercial, financial, banking, insurance, scientific and technical, cultural, sporting, educational or medical health contracts;

d) A foreigner being a service provider pursuant to a contract;

e) A foreigner offering service;

f) A foreigner is representing a foreign non-Governmental organization which is permitted to operate pursuant to the law of Vietnam.

2. The application file for the issuance of a work permit shall comprise:

a) Letter from the employer or Vietnamese partner requesting issuance of a work permit (according to the law);

b) The application filed to register the proposed recruitment of a foreigner stipulated:

• The application filed for the issuance of a work permit for a foreigner transferring internally within an enterprise as stipulated in article 1.1(b) of Decree No.34/2008/ND-CP need not contain an application form [Form I] but instead must have a written letter from the foreign enterprise appointing such foreigner to come to Vietnam to work at the commercial presence of such foreign enterprise within the territory of Vietnam, and specifying how long the foreigner has already been employed by the foreign enterprise;

• The application file for the issuance of a work permit for a foreigner as stipulated in article 1.1(c) and (d) of Decree No.34/2008/ND-CP need not contained an application form [Form I] but instead of must have a contract signed between the Vietnamese partner and the foreign party;

• The application file for the issuance of a work permit for a foreigner as stipulated in article 1.1(e) of Decree No.343 need not contained an application form [Form I] but instead of must have a certificate from the foreign non-Governmental organization [confirming it] is permitted to operate in accordance with the law of Vietnam.

All the documents prescribed above must be translated into Vietnamese and notarized.

3. Executive time: The Department of Labour shall issue a work permit for the foreigner within fifteen (15) working days from the date of receipt of a complete and valid application file.

4. Competent agencies: The Department of Labour in the province or city

At least twenty (20) working days prior to the date on which it is proposed the foreigner will commence work at the enterprise, body or organization in Vietnam, the employer or the Vietnamese party must lodge one set of the application file for the issuance of a working permit with the Department of Labour in the province or city where such foreigner will regularly work.

If the foreigner regularly works for the entire duration of his or her employment at a city or province other than that in which the employer or the Vietnamese party has its head office, then the application file must be lodged with the Department of Labour in such other city or province.

* For any further request, feel free contact us.

(Intercode Team)