Work permit

1. What is a Work Permit?

A work permit (work permit) is a document that allows foreigners to work legally in Vietnam. The work permit clearly states the information of the employee, the name and address of the organization where the employee works, and the position of work. And the foreigner is required to do the job exactly as stated in the permit, otherwise it will be considered illegal.

Sample: Work Permit 

According to Article 3 Circular 40/2016/TT-BLĐTBXH, Work Permits are issued by the Ministry of Labour, Invalids and Social Affairs (MOLISA) or the Departments of Labour, Invalids and Social Affairs (DoLISA).

A Work Permit in Vietnam is valid for a maximum of two years and is an essential document for foreign nationals who wish to apply for a Temporary Residence Card (TRC).

Foreign nationals without a Work Permit are not allowed to work in Vietnam unless they fall under the exemption category. In such cases, they must obtain a Work Permit Exemption Certificate.

2. Conditions for Obtaining a Work Permit in Vietnam

According to Decree No. 11/2016/NĐ-CP , a foreign worker must meet the following conditions:

• Full civil act capacity as prescribed by law.

• Good health suitable for the job requirements.

• Be a manager, executive director, expert, or technical worker.

• Not be a criminal or under criminal prosecution under Vietnamese or foreign law.

• Obtain written approval from a competent state authority for the employment of foreign workers.

3. Subjects of Work permit application

Foreign workers working in Vietnam in the following forms:

• Performing labor contracts;
• Moving within the enterprise
• Performing contracts or agreements on economics, trade, finance, banking, insurance, science and technology, culture, sports, vocational education and health;
• Contractual service providers;
• Offering services;
• Working for foreign non-governmental organizations and international organizations in Vietnam that are permitted to operate under the provisions of Vietnamese law;
• Volunteers;
• Persons responsible for establishing a commercial presence;
  Managers, executives, experts, technical workers;
• Participating in the implementation of bidding packages and projects in Vietnam;
• Relatives of members of foreign representative agencies in Vietnam are allowed to work in Vietnam according to the provisions of international treaties to which the Socialist Republic of Vietnam is a member.

4. What are the types of work permits?

• New work permit issuance:
  • Employees who have never had a work permit
  • Employees who have had a valid work permit, working for another employer, in the same job position.
  • Employees who have had a valid work permit, working for a previous employer, in a different job position
  • Employees whose work permit has expired and want to continue working in the same position
  • Employees whose work permit was issued before April 1, 2016
• Extension of work permit:
  • Foreign workers who have been granted a work permit but whose permit has been issued for at least 05 days but not more than 45 days must be extended to continue working legally in Vietnam
  • According to the latest regulations, work permit extension can only be done once with a maximum extension period of 02 years. After 05 working days from the date of submitting the application for work permit extension, the employer will receive the extended Work permit.
• Re-issuance of work permit:
  • A valid work permit is lost, damaged or the contents of the work permit have been changed, except in special cases.
  • A work permit must be valid for at least 5 days but not more than 45 days.
• Not eligible for work permit issuance: According to Article 7 of Decree No. 152/2020/ND-CP, there are many cases where work permits are exempted, but foreign workers are required to complete confirmation procedures with the Department of Labor, Invalids and Social Affairs.

5. How is the term of a Vietnamese work permit regulated in the Labor Code?

According to Article 10 of Decree 152/2020/ND-CP, the term of a work permit is granted according to the term of one of the following reasonable cases but not exceeding 02 years:

• The term of the labor project contract will end;
• The term of the foreign party sending foreign workers to work in Vietnam;
• The term of agreement or agreement signed between the Vietnamese and foreign partners;
• The reasonable term or agreement to provide services signed between the Vietnamese and foreign partners;
• The term if in the document of the service provider sending foreign workers to Vietnam to negotiate the provision of services;
• The term has been determined in the certificate of the foreign non-governmental organization, international organization licensed to operate in accordance with the provisions of Vietnamese law;
• The term in the document of the service provider sending foreign workers to Vietnam to establish the current commercial interface of that service provider;
• The term in the document proving that the foreign worker is allowed to participate in the activities of a foreign enterprise that has established a commercial interface in Vietnam.

6. Penalties for foreigners without work permits

If foreigners do not have work permits to work at enterprises in Vietnam, both the employee and the enterprise will be fined. This form of penalty is clearly stipulated in Article 22 Decree 12/2022/ND-CP  as follows:

7. Handling of workers without permits

Workers working in Vietnam but without work permits as prescribed by law, except in cases where work permits are not required, will be deported from Vietnam.

8. Handling of employers Employers without permits

When an enterprise employs workers without work permits or without a certificate of non-work permit issuance or employs workers with expired work permits, the enterprise will be subject to the following penalties:

• Fines:

  • From 30,000,000 VND to 45,000,000 VND for employing 1–10 foreign workers without valid work permits.

  • From 45,000,000 VND to 60,000,000 VND for 11–20 foreign workers.

  • From 60,000,000 VND to 75,000,000 VND for 21 or more foreign workers.

• Suspension of operations from 1 to 3 months.

9. Why shouldn't you do your own work permit?

Work permit application requires many types of complicated papers and documents.

• Current legal regulations on work permits are constantly changing, requiring a good understanding of the law.
• Applications are rejected because the information and documents provided are inconsistent or inconsistent, and the personal records of foreign workers do not meet the regulations or requirements of state agencies.
• It takes a lot of time and effort to travel to prepare and complete all types of papers and documents at relevant agencies as required.

10. Work permit service at Evisa Saigon

Advantages of choosing Evisa Saigon's permit service

• Many years of experience in implementing work permits.
• Trusted by large and reputable customers.
• Save customers' time and effort.
• Consulting on conditions and subjects eligible for work permits.
• Instructions for preparing necessary documents (personal records, legal documents, health certificates, degrees, etc.)
• Advice on temporary residence.
• Support customers in working with sponsoring businesses and competent authorities

With the support of EVISA SAIGON, customers can rest assured that the application for a work permit will be prepared in accordance with regulations, limiting risks and helping work in Vietnam become convenient, legal and sustainable.