A work permit is required when working in Vietnam for more than three months. This should be applied by the employer with the provincial Ministry of Labor, Invalids and Social Affairs(MoLISA).
Currently, work permits for foreigners are valid for a maximum of three years and are not renewable. A new application must be made if the company wishes to continue employing the foreign worker.
To be eligible for a work permit, the applicant must comply with the following conditions:
- At least 18 years of age;
- In good enough health to satisfy job requirements;
- A manager, executive director or expert with technical skills and knowledge necessary for the job;
- Not currently subject to criminal prosecution or any criminal sentence in Vietnam or overseas or have a criminal record.
A work permit may be terminated in the following circumstances:
- Expiration of work permit;
- Termination of labor contract;
- The content of the labor contract is not consistent with the work permit granted;
- If the foreign employee is fired by the foreign employer;
- Withdrawal of work permit by authorized state agencies;
- Termination of operation of the company, organization, and partners in Vietnam;
- The foreigner is sentenced to prison, dies or is proclaimed missing by court.
The following situations exempt the foreigner from needing a work permit:
- Working in Vietnam for less than three months;
- A member of a limited liability company with two or more members;
- The owner of a limited liability company with only one member;
- A member of the board of a joint stock company;
- Coming to Vietnam to market products and services;
- Coming to Vietnam for less than three months in order to resolve an emergency or technologically complex situation that could affect production, which Vietnamese experts or foreign experts currently in Vietnam are unable to resolve;
- Lawyers granted a professional permit in Vietnam;
- Heads of representative offices, chiefs of project offices or someone working for foreign non-government organization in Vietnam;
Required Documents for work permit:
- Request for work permit form. (form no.7).
- Health check certification.
- Foreign Criminal records (issued within 180 days), this document must be consular legalized and translated into Vietnamese. The translated copy must be notarized by a department of justice. Or Criminal record in Vietnam.
- Degree ( university or higher, this document must be consular legalized and translated into Vietnamese. The translated copy must be notarized by a department of justice)).
- Certificate of foreign experience of at least 1 year at a similar position (this document must be consular legalized and translated into Vietnamese. The translated copy must be notarized by a department of justice).
- A photocopy of the (entire) passport.
- A photocopy of the business license.
- Two 4x6cm portrait photos (White background, no glasses)
Proccessing Time: 45 -60 days