|Procedure ||Procedure: Issuance of work permit for foreigners who enter to work in Viet Nam under internal movement within their enterprise (AP – level 2) |
|Process || |
- Step 1: The enterprise prepares the dossier as stipulated and submits it to the Point of Single Contact (PSC or One-Stop-Shop).
- Step 2: The PSC inspects and receives the complete and valid dossier. If the dossier is uncompleted or invalid, the enterprise shall be guided to finalize the dossier according to the regulation.
- Step 3: The enterprise pays fee, gets a receipt and receives the result 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, Hà Đông, Hà Nội): Monday to Friday: 8-11.30AM and 2-4PM Saturday: 8-11.30AM (Except public holidays) |
|Contents and number of the dossier || |
a) Contents of the dossier:
- Employer’s (original) application form 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);
a.1. A written document, prepared by foreign enterprise, assigning the foreigner to work in Việt Nam-based commercial presence of the foreign enterprise. The document must clearly confirm that the foreigner has been recruited and worked for the enterprise at least 12 months.
a.2. Criminal record issued by competent authorities of the country where the foreigner resides 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.
a.3. Original health certificate issued abroad or in Việt Nam according to the regulations of the Việt Nam Health Ministry, within 180 days before the date of submission of the dossier;
a.4. Certificates evidencing the foreigner’s qualifications/ skills which are suitable to their would-be position.
For certain positions/ jobs, the certificate of qualifications/ skills can be replaced with the following papers:
* Papers issued by foreign competent authorities, recognizing the foreigner as artisan in traditional crafts;
* Original certificates or work permits or labor contracts certifying that the foreigner has at least five-year work experience suitable to their would-be positions. Such papers must be certified by the foreigner’s 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.
a.5. Three (03) color photos (3cm x 4 cm): bare head, front view, clear full face with ears, no glasses, white background, taken within 6 months before the date of submission of the dossier.
b) Number of dossier: One (01) set
|Processing duration || |
|Objects ||Organization |
|Competent agency ||Ha Noi Industrial and Export Processing Zone Management Board |
|Outcome ||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 to Circular 31/2011/TT-BLDTBXH dated November 3, 2011 of the Ministry of Labor, Invalids and Social Affairs)
|Other requirements || |
1. The foreigner under internal movement within their enterprise must be recruited and worked for the enterprise at least 12 months.
2. In the enterprise’s Việt Nam-based presence, at least 20% of managers, CEO and experts must be Vietnamese citizens. However, the enterprise is permitted to have at least 03 foreign managers, CEOs and experts.
3. The representative of the foreign enterprise with commercial presence in Việt Nam must fulfill the application for issuance of work permit for their foreign employee working in Việt Nam before the employee arrives in Việt Nam.
|Legal basis || |
- Labor Code 1994 and Laws (2002, 2006 and 2007) amending and supplementing 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 rates fee for granting Work Permits to foreigners working in Việt Nam;
- Circular 31/2011/TT-LDTBXH dated November 11, 2011 of the Ministry of Labor, Invalids and Social Affairs guiding the implementation of the Government’s Decree 34/2008/ND-CP dated March 25, 2008 on recruitment and management of foreign employees working in Việt Nam and Decree 46/2011/ND-CP dated June 17, 2011 amending and supplementing Decree 34/2008/ND-CP;
- Circular 13/2009/TT-BLDTBXH dated May 6, 2009 of MOLISA guiding the state management of labor in industrial parks, export processing zones and hi-tech parks;
- Decision 09/2009/QD-UBND dated January 9, 2009 of the Hà Nội People’s Committee on collection of fees for issuance of Work Permits for foreigners working in Hà Nội.