A fundamental requirement for foreign workers to be eligible to work in Vietnam is obtaining a work permit issued by a competent state agency, except in cases where a work permit is not required. The term of a labor contract for a foreign worker must not exceed the duration of the work permit. Therefore, employers and foreign employees may enter into multiple fixed-term labor contracts, provided they align with the validity of the work permit.
If a foreign employee works in Vietnam without a valid work permit or a certificate of exemption from a work permit, they may face:
- A fine ranging from VND 15,000,000 to VND 25,000,000 (Clause 3, Article 32 of Decree 12/2022/ND-CP).
- Deportation as an additional penalty.
Under Clause 4, Article 32 of Decree 12/2022/ND-CP, employers who hire foreign workers without a work permit or a certificate of exemption may be fined based on the number of foreign employees involved:
- VND 60,000,000 to VND 90,000,000 (for 1 to 10 workers).
- VND 90,000,000 to VND 120,000,000 (for 11 to 20 workers).
- VND 120,000,000 to VND 150,000,000 (for 21 or more workers).
Foreign workers who are exempt from work permits are not automatically allowed to work in Vietnam. They must still apply for a certificate of exemption from the relevant authority.
Below are the procedures for obtaining a work permit and a certificate of exemption as prescribed in Decree 152/2020/ND-CP, amended and supplemented by Decree 70/2023/ND-CP.
Step 1: Before hiring foreign workers, employers must publicly announce job openings for Vietnamese candidates. This announcement must be posted on:
- The Electronic Information Portal of the Ministry of Labor, Invalids, and Social Affairs (Department of Employment), or
- The Electronic Information Portal of the Employment Service Center, as designated by the Chairman of the People’s Committee of the relevant province or centrally-run city.
The announcement must be published at least 15 days before reporting the recruitment status to the Ministry of Labor, Invalids, and Social Affairs (MOLISA) or the Department of Labor, Invalids, and Social Affairs (DOLISA) where the foreign worker is expected to work.
The job posting should include:
- Position and job title
- Job description
- Number of vacancies
- Qualification and experience requirements
- Salary details
- Working time and location.
Step 2: If no suitable Vietnamese candidates are found for the position, the employer (excluding contractors) must:
- At least 15 days before hiring the foreign worker, submit a report to MOLISA or DOLISA explaining the need to employ foreign workers.
- This report must justify that the position cannot be filled by Vietnamese workers.
However, employers are not required to submit this report for foreign workers falling under the categories specified in:
- Clauses 3, 4, 5, 6, and 8, Article 154 of the 2019 Labor Code; or
- Clauses 1, 2, 4, 5, 7, 8, 9, 10, 11, 12, 13, and 14, Article 7 of Decree 152/2020/ND-CP.
MOLISA or DOLISA will review the employer’s report and issue a written approval or disapproval within 10 working days from the date of receipt.
Step 3:
3.1. Where foreign workers are exempt from work permit
a. The employer must submit a request to MOLISA or DOLISA of the relevant locality at least 10 days before the foreign worker’s start date to confirm that the worker is exempt from a work permit. In certain cases, the employer is not required to apply for confirmation but must report the following details to MOLISA or DOLISA at least 3 working days before the foreign worker starts work:
- Full name
- Age
- Nationality
- Passport number
- Employer’s name
- Start and end dates of employment.
b. The employer must submit the following documents:
- Written request for confirmation of work permit exemption;
- Health certificate or medical examination certificate;
- Approval for the employment of foreign workers (unless exempt from this requirement);
- Certified copy of a valid passport;
- Supporting documents proving the worker qualifies for exemption.
c. MOLISA or DOLISA will issue a written confirmation within 5 working days after receiving a complete application. If the confirmation is not granted, a written response stating the reason must be provided.
d. The confirmation of work permit exemption is valid for a maximum of 2 years.
3.2. Where foreign workers are required to apply for work permits
a. The employer must submit a work permit application at least 15 days before the foreign worker’s expected start date. The application should be submitted to MOLISA or DOLISA, where the worker will be employed.
b. Required documents for work permit application:
- Written request for a work permit from the employer. If the worker will work at multiple locations, all work locations must be listed.
- Health certificate or medical examination certificate issued by a competent foreign or Vietnamese medical agency, valid for 12 months from the date of signing to the date of submission; or alternatively, a certificate of good health per the Minister of Health’s regulations.
- Criminal record confirming that the foreign worker is not serving a sentence or under criminal prosecution, issued within 6 months before the submission date.
- Documents proving eligibility as a manager, executive, expert, technical worker, or other qualified role.
- Two color photos (4 cm x 6 cm), white background, full face, no headwear or tinted glasses, taken within 6 months before submission.
- Approval for the employment of foreign workers (unless exempt).
- Certified copy of the worker’s passport. The copy may be certified by the employer.
- Documents related to the employment relationship.
Foreign documents must be consularly legalized unless exempted. They must also be translated into Vietnamese and notarized or certified per Vietnamese law.
c. Within 5 working days after receiving a complete application, MOLISA or DOLISA will issue the work permit. If the permit is not granted, the employer will receive a written explanation of the reasons.
d. For foreign workers employed under labor contracts, once a work permit is granted, the employer and the foreign worker must sign a labor contract in compliance with Vietnamese labor laws before the worker’s start date. The employer must submit the signed labor contract to the issuing authority.
e. A work permit is valid for up to 2 years.
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