From January 1, 2024, the process of applying for a permit for foreign Employees is carried out through the following steps.
Step 1: Notify the recruitment of Vietnamese Employees for positions expected to recruit foreign Employees \ on the website of the Ministry of Labor, War Invalids and Social Affairs (Department of Employment) or the website of the Employment Service Center issued by the Chairman of the Provincial People’s Committee, The centrally-run city shall decide on the establishment of
Step 2: Prepare the dossier
In the stage of preparing the dossier, two things need to be done:
(1) Register the need to recruit foreign Employees.
At least 15 days before the expected date of employing foreign Employees, the enterprise shall submit a registration of the need to employ foreign Employees at the Department of Labor, War Invalids and Social Affairs of the province or city according to Form No. 01/PLI, explaining the need to employ foreign Employees working at the enterprise.
(2) Preparation of work permit application
In parallel with submitting a written request for approval of the demand for foreign Employees, the unit prepares a set of dossiers of application for work permits for foreign Employees, including:
- The employer’s written application for a work permit is made according to Form No. 11/PLI.
- A health certificate or health examination certificate issued by a competent foreign or Vietnamese medical agency or organization is valid for 12 months.
- A judicial record card or a written certification that the foreign worker is not a person who is serving a penalty or has not yet had his criminal record expunged or is being examined for penal liability issued by a foreign or Vietnamese worker for not more than 06 months.
- Documents and papers proving that they are managers, executive directors, experts, technical Employees…
- 02 color photos with a size of 4 x 6 cm, white background, taken within 06 months from the date of submission of the application.
- Written approval of the demand for the use of foreign Employees, except for cases where the demand for the use of foreign Employees is not required.
- A certified copy of a valid passport as prescribed by law.
- Other papers related to foreign Employees.
Foreign Employees need to prepare complete dossiers and documents as prescribed
Step 3: Submit the dossier to the competent authority
After obtaining written approval of the need to use foreign Employees, the foreign employer shall bring the dossier that has declared information and submit the dossier of application for a work permit for the foreigner according to the regulations of the Ministry of Labor, War Invalids and Social Affairs or the Department of Labor, War Invalids and Social Affairs where the foreign worker is expected work submitted through the 01-door department or the web portal.
A work permit is one of the first conditions that must be met if a foreign worker wants to work in Vietnam according to the provisions of Article 151 of the Labor Code 2019.
Without a work permit, foreign Employees will be sanctioned and expelled according to Clause 2, Article 153 of the Labor Code 2019: “Foreign Employees working in Vietnam without a work permit will be forced to leave the country or expelled in accordance with the law on entry, exit, transit, resident of foreigners in Vietnam” and handled according to Clause 3, Article 153 of the Labor Code 2019: “Employers who employ foreign Employees to work for themselves without work permits shall be handled in accordance with the provisions of law”.
The specific sanction level is specified in Article 32 of Decree 12/2022/ND-CP for violating regulations on foreigners working in Vietnam.
