|Procedure ||Procedure: Issuance of work permit for foreigner working in Việt Nam under contracts in the fields of economy, commerce, finance, banking, insurance, technique and science, culture, sport, education, health, and service supply (AP – level 2) |
|Process || |
- Step 1: Enterprise prepares the dossier according to the regulation and submits it at the Point of Single Contact (PSC or One-Stop-Shop).
- Step 2: The PCS inspects and receives the complete and valid dossier. If dossier is uncompleted or invalid, the PSC will guide the enterprise to finalize it according to the regulation.
- Step 3: The enterprise pays fee, gets a receipt and receives the results from the PSC on the date specified.
|Where to submit ||Dossier is submitted at PSC, Hà Nội Industrial and Export Processing Zone Management Board (7-storey Building, CC02, Mỗ Lao Urban Complex, Mộ Lao Ward, Hà Đông, Hà Nội): Monday to Friday: 8-11.30AM and 2-4PM Saturday: 8AM to 11.30AM (Except of public holidays) |
|Contents and number of the dossier || |
a. Contents of the dossier:
+ Employer’s (original) application for Work Permit (Form 7, attached in Circular 31/2011/TT-BLDTBXH dated November 3, 2011 of the Ministry of Labor, Invalids and Social Affairs);
+ Contract signed between the Vietnamese partner and the foreign partners on the foreigner’s arrival and work in Việt Nam;
+ Criminal record issued by competent authorities of the country where the foreigners reside before their arrival in Việt Nam. The criminal record must be issued within 180 days before submitting the dossier for work permit. If the document issued/ notarized/ certified in foreign languages by foreign agencies/ organizations, it must be consularly legalized and translated into Vietnamese, notarized or certified according to Vietnamese laws.
If the foreigners have resided in Việt Nam for six months or more, they are required to submit their original Criminal Certificate issued by the Department of Justice of the city/ province in Việt Nam, where the foreigners are residing.
+ Original health certificate issued abroad or in Việt Nam according to the regulations of the Việt Nam Ministry of Health, within 180 days before the date of submission of the dossier;
+ Certificates evidencing the foreigners’ qualifications/ skills which are suitable to the foreigners’ would-be position.
For certains positions/ jobs, the certificates of qualification/ skills can be replaced with following papers:
* Papers issued by foreign competent authorities, recognizing the foreigners as artisans in traditional crafts;
* Original certificates or work permits or labor contracts certifying that the foreigners have at least 5-year work experience suitable with the foreigners’ would-be positions. Such papers must be certified by the foreigners’ former employers;
* Other cases as stipulated by the Government’s regulations.
If the aforementioned documents are issued/ notarized/ certified in foreign languages by foreign agencies/ organizations, they must be consularly legalized and translated into Vietnamese, notarized or certified according to Vietnamese laws.
+ Three (03) color photos (3cm 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.
All foreign-language documents must be translated into Vietnamese, notarized or certified. The consular legalization must comply with Vietnamese laws.
b. Number of dossier: One (01) set
|Processing duration || |
|Objects ||Organization |
|Competent agency ||Ha Noi Industrial and Export Processing Zone Management Board |
|Outcome ||Work Permit |
|Fee ||Fee for issuance of a new work permit: VND 400,000 |
|Form/Declaration || |
- Employer’s original application for issuance of work permit (Form 07 attached in Circular 31/2011/TT-BLDTBXH dated November 3, 2011 of the MOLISA);
- Work permit (Form 6 attached in Circular 31/2011/TT-BLDTBXH dated November 3, 2011 of the MOLISA).
|Other requirements || |
Vietnamese partner must fulfill the application for issuance of work permit for the foreigner working in Việt Nam as required by laws before the foreigner arrives in Việt Nam.
|Legal basis || |
- Labor Code 1994 and Laws (2002, 2006 and 2007) amending and supplementing a number of articles of the Labor Code;
- Government’s Decree 34/2008/ND-CP dated March 25, 2008 on recruitment and management of foreign employees working in Việt Nam;
- Government’s Decree 46/2011/ND-CP dated June 17, 2011 amending and supplementing some articles of Decree 34/2008/ND-CP dated March 25, 2008 on recruitment and management of foreign employees working in Việt Nam;
- Ministry of Finance’s Decision 54/2005/QD-BTC dated August 4, 2005 defining fee rates for granting Work Permits to foreigners working in Việt Nam;
- Circular No. 31/2011/TT-BLDTBXH dated November 03, 2011 of the Ministry of Labor, Invalids and Social Affairs guiding the implementation of the Government’s Decree No. 34/2008/ND-CP dated March 25, 2008 on recruitment and management of foreign employees working in Việt Nam and Decree No. 46/2011/ND-CP dated June 17, 2011 supplementing Decree No. 34/2008/ND-CP;
- Circular No. 13/2009/TT-BLDTBXH dated May 06, 2009 of the Ministry of Labor, Invalids and Social Affairs guiding the state management of labor in industrial parks, export processing zones, economic zones and hi-tech parks;
- Decision No. 09/2009/QD-UBND dated January 09, 2009 of the Hà Nội People’s Committee on collection of fees for issuance of Work Permits for foreigners working in Hà Nội.