| Procedure | Procedure: Issuing work permit for foreigner who is issued work permit and holding a valid work permit but needs to take a position different from the position registered in work permit (administrative procedure – level 2) |
| Process | - Step 1: Enterprise prepares dossier according to regulation and submits dossier to the Point of Single Contact (PSC).
- Step 2: PSC inspects dossier. Completed and valid dossier shall be received. If dossier is not completed or invalid, the enterprise shall be guided to complete dossier according to the law.
- Step 3: The enterprise pays fee and gets receipt. Result shall be returned at the PSC according to regulated time. |
| Where to submit | Dossier is submitted directly at PSC section - Hà Nội Industrial and Export Processing Zone Management Board (CC02 Building, Mo Lao Urban Area, Mo Lao, Hà Đông, Hà Nội) in working time (8Am to 11.30AM, 2PM to 4PM) from Monday to Friday every week, 8AM to 11.30AM on Saturday (except holidays and New Year’s Eve). |
| Contents and number of the dossier | a. Components of dossier:
- Original application for work permit written by employer (Form 7 issued with Circular 31/2011/TT-BLDTBXH dated November 3, 2011 of Ministry of Labor, Invalids and Social Affairs);
- Registration form for labor recruitment of foreigners (Form 01 issued with Circular 31/2011/TT-BLDTBXH dated November 3, 2011 of Ministry of Labor, Invalids and Social Affairs);
- 03 (three) color photos (size 3cm x 4 cm) showing bare head, straight-looking, clear face with two ears and without glasses against white background, which were taken within six months before the time of application;
- Original or copy of the issued work permit;
- Document evidencing that employer in Việt Nam notifies labor recruitment demand to recruit Vietnamese employee to the positions expected to recruit foreigners (for foreigners who are employed in the form of labor contract).
If the recruitment of foreigners is made through Job Placement Center of the local Department of Labor, Invalids and Social Affairs, the aforesaid document is not required (attached with copy of labor contract by Form 13 issued with Circular 31/2011/TT-BLDTBXH dated November 3, 2011 of Ministry of Labor, Invalids and Social Affairs).
If aforementioned document is in foreign language, it must be translated into Vietnamese, notarized or certified according to Vietnamese law. Consular legalization must be processed according to Vietnamese law.
b. Number of dossier: One set |
| Processing duration | |
| Objects | Organizations |
| Competent agency | Ha Noi Industrial and Export Processing Zone Management Board |
| Outcome | Work permit |
| Fee | Fee for issuance of work permit: VND 400,000 per permit |
| Form/Declaration | - Registration form for labor recruitment of foreigners (Form 01 issued with Circular 31/2011/TT-BLDTBXH dated November 3, 2011 of Ministry of Labor, Invalids and Social Affairs guiding implementation of articles of the amended/ supplemented Decree 34/2008/ND-CP dated March 25, 2008 of the Government);
- Original application for work permit written by employer (Form 07 issued with Circular 31/2011/TT-BLDTBXH dated November 3, 2011 of Ministry of Labor, Invalids and Social Affairs);
- Work permit (Form 6 issued with Circular 31/2011/TT-BLDTBXH dated November 3, 2011 of Ministry of Labor, Invalids and Social Affairs);
- Service contract for recruitment (Form 13 issued with Circular 31/2011/TT-BLDTBXH dated November 3, 2011 of Ministry of Labor, Invalids and Social Affairs). |
| Other requirements | At least 20 days before the date when foreigner plans to begin to work at enterprise, enterprise must submit 01 application dossier for work permit. |
| Legal basis | - Law on Labor in 1994; Law on amending and supplementing articles of Law on Labor in 2002, 2006 and 2007;
- Decree 34/2008/ND-CP dated March 25, 2008 of the Government on recruiting and managing foreigner working in Vietnam;
- Decree 46/2011/ND-CP dated June 17, 2011 of the Government on amending, supplementing articles of Decree 34/2008/ND-CP dated March 25, 2008 of the Government on recruiting and managing foreigner working in Việt Nam;
- Decision 54/2005/QD-BTC dated August 4, 2005 of Ministry of Finance on fee for issuing work permit for foreigner in Việt Nam;
- Circular 31/2011/TT-LDTBXH dated November 11, 2011 of Ministry of Labor, Invalids and Social Affairs (MOLISA) on guiding implementation of articles of Decree 34/2008/ND-CP dated March 25, 2008 and Decree 46/2011/ND-CP dated June 17, 2011 of the Government on amending, supplementing articles of Decree 34/2008/ND-CP dated March 25, 2008 of the Government on recruiting and managing foreigners working in Việt Nam;
- Circular 13/2009/TT-BLDTBXH dated May 6, 2009 of MOLISA on guiding implementation of mission of management employees in industrial zones, export processing zones and hi-tech zones;
- Decision 09/2009/QD-UBND dated January 9, 2009 of Hà Nội People’s Committee on fee for issuing work permit for foreigners working in Việt Nam in Hà Nội area.
|