According to Vietnam's Legal Regulations, the foreigners if desiring to work for Vietnam-based enterprises and organizations should apply for Work Permit. It's the evidence of the right to work in Vietnam.
Who should apply for Work Permit?
- The person who signs labor contract with Vietnam-based enterprises, organization in accordance with Vietnam's labor code;
- The person who changes his/her position within a commercial enterprise in Vietnam;
- The person who carries out economic, commercial, financial, banking, insurance, scientific and technical, cultural, sport, educational and medical contracts;
- Contract-based service providers;
- The person who offers services;
- The foreigner who presents for an overseas non-government organization which is permitted to operate in accordance with Vietnam's legal regulations.
Who should not apply for Work Permit?
- The foreigner who works in Vietnam for less than 03 (three) months;
- The foreigner who is a member of a limited liabilities company with at least two members;
- The foreigner who is the owner of a one member limited Liabilities Company;
- The foreigner who is a member of the Management Board of a joint stock company;
- The foreigner who enters Vietnam to offer services;
- The foreigner who enters Vietnam to deal with the urgent cases such as: sophisticated technical and technological cases which will or may affect the production, business and cannot be solved by Vietnamese experts or by in-Vietnam overseas experts; however, these people are allowed for 03 (three) months only; in case of requiring to work for more than 03 months, these people should apply for the work permit as regulated in this Decree;
- The overseas lawyer who has been licensed by the Ministry of Justice for working in Vietnam in accordance with legal regulations.
Requirements to obtain a Work Permit in Vietnam
- Be at least 18 years of age
- Health in good condition to satisfy the specific demands and requirements of the job
- Free of any criminal record or a national security offence, not currently facing criminal prosecution, or not serving a criminal sentence during assignment.
- Must be a specialist, manager, or executive.
Required papers when apply for a Work Permit
- A filled form of applying for the work permit
- Copy of Business Registration Certificate or Operational Certificate;
- Judicial Record provided by authorized agency of the country resided by the worker. In case of a foreigner who has lived in Vietnam for 06 months or more, judicial record provided by Vietnam’s Justice Department is also required;
- Certificate of Health status provided by his/her country. In case of foreigner’s current residence in Vietnam, the certificate of health status should be put under the regulation by Vietnam’s Ministry of Health;
- Copy of foreigner’s certificates of professionalism, skill, including: University Graduation Degree, Master Degree or certificate of professionalism issued by authorized agencies of his/her country;
- Three colorful photos (3cm x 4cm, bare head, front side with obvious face, ears, no glasses) which should be not later than one year old;
- Copy of Passport.
Employees of foreign-based contractors and heads of foreign representative and branch offices were recently required the Work Permit. The Work Permit validity period lasts depending on the duration of assignment indicated in the employment contract, but no more than three (3) years. Renewals are also dependent on the employment contract, with a maximum of three (3) years for every renewal. Individuals can renew up to a maximum of three (3) times.