Contents of Administrative procedures - Department of Labor, Invalids and Social Affairs
|Procedure||Procedure for applying for new work permit for foreign employees in enterprises or organizations in Việt Nam|
Applicants submit the full dossier to the Reception-Return Unit (RRU) of the Department of Labor, Invalids and Social Affairs and get a Receipt with appointment of result return.
The Department of Labor, Invalids and Social Affairs processes the dossier and returns the results on the date of appointment.
|Where to submit||Hà Nội Department of Labor, Invalids and Social Affairs (DOLISA).|
|Contents and number of the dossier|| |
Contents and number of the dossier:
a) Employer or Vietnamese party’s application for the work permit (Form 1);
b) Foreigner’s recruitment registration form (Form 2);
c) Criminal record issued by competent authorities of the country where the foreigner resides before their arrival to Việt Nam. If the foreigner has resided in Việt Nam for six months or more, they can present the original criminal certificate issued by the Department of Justice of the city/province in Việt Nam, where they are residing.
d) Original CV of the foreigner (Form 3) with their latest photo taken not more than 6 months before submission;
đ) Original Health Certificate issued abroad or in Việt Nam, in line with regulations of the Việt Nam Ministry of Health, by one of the following hospitals: the Friendship Hospital, E Hospital, Bạch Mai Hospital, French Hospital of Hà Nội, Internation SOS-CtyLD OSCAT/AEA Việt Nam, etc.
e) Notarized copy of documents (bachelor, master, doctor) evidencing foreigner’s qualifications and professional skills which are suitable to employer’s work requirements;
For foreign artisans or those experienced in production operation and management but having no certificates, it is required to submit an original document, issued by foreign competent authorities, confirming that the foreigner has at least 5-year work experience suitable with employer’s work requirements.
g) Three (03) color photos (3 cm x 4 cm): bare head, front view, clear full face with ears, no glasses, white background, taken within 06 months before the date of submission of the dossier.
If documents required in the aforementioned dossier are issued, certified or notarized by foreign authorities, foreign organizations, they must be consularly legalized according to regulations of Vietnamese law, unless there is a Mutual Judicial Assistance Agreement between Việt Nam and the relevant countries that contains an exemption. Their translations and copies must also be notarized according to Vietnamese law.
* For foreigners working under a labor contract, the dossier must consist of the documents required in Points a, b, c, d, đ, e, and g as aforementioned.
* For foreigners working under an intra-company transfer, the dossier must consist of the documents required in Points a, c, d, đ, e, and g as aforementioned and foreign enterprise’s written paper appointing the foreigners to work under its commercial presence in the territory of Việt Nam.
* For foreigners who conduct economic, commercial, financial, banking, insurance, scientific and technical, cultural, sports, educational or healthcare contracts and foreigners as service suppliers, the dossier must consist of the documents required in Points a, c, d, đ, e, and g as mentioned above and the contract signed between the Vietnamese and foreign parties.
* For foreigners representing foreign non-governmental organizations (NGO) licensed to operate in accordance with Vietnamese law, the dossier must consist of the documents required in Points a, b, d, đ, e, and g as mentioned above and the NGO’s Operation Permit in accordance with Vietnamese law.
* If foreigners holding a valid Work Permit wish to enter a labor contract with another employer, the dossier must consist of the documents specified in Points a, b, e, and g as aforementioned and a copy of the valid Work Permit.
* Number of the dossier: One (01) set
|Competent agency||Department of Labor, Invalids and Social Affairs|
|Fee||Fee for issuing a new Work Permit: VND 400,000 as stipulated in Decision No. 124/2007/QĐ-UBND dated October 21, 2007 of the Hà Nội People’s Committee.|
+ Application for Work Permit submitted by the employer or the Vietnamese party (Form 4 issued in Circular 08/2008/TT-BLĐTBXH dated June 10, 2008 of the Ministry of Labor, Invalids and Social Affairs - MOLISA)
+ Recruitment registration form submitted by the foreigner (Form 1 issued in Circular 08/2008/TT-BLĐTBXH dated June 10, 2008 of the MOLISA)
+ Curriculum vitae of the foreigner (Form 2 issued in Circular 08/2008/TT-BLĐTBXH dated June 10, 2008 of the MOLISA).
|Other requirements|| |
The dossier shall be submitted at least 20 working days before the date when the foreigner intends to start working at a Việt Nam-based enterprise, agency or organization (regulated in the Government’s Decree No. 34/2008/ND-CP dated March 25, 2008 and the MOLISA’s Circular No. 08/2008/TT-BLDTBXH dated June 10, 2008).
|Legal basis|| |
+ Decree No. 34/2008/ND-CP dated March 25, 2008 of the Government on recruitment and management of foreigners working in Việt Nam;
+ Circular No. 08/2008/TT-BLDTBXH dated June 10, 2008 of the MOLISA guiding the implementation of some articles of the Government’s Decree No. 34/2008/ND-CP dated March 25, 2008 on recruitment and management of foreigners working in Việt Nam.
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