OBTAINING WORK PERMIT ASSISTANCE

When hiring foreign staff in Vietnam, there are a number of procedures and legal frameworks that must be understood. In this article, we discuss the documents necessary for a foreign worker in Vietnam, including:

• Visas
• Work Permits
• Temporary Residence Cards

Visas

In order to enter Vietnam, a foreigner needs a visa issued by the Vietnamese Embassy or Consulate. A Vietnamese visa can be granted while in a third-party country or from within Vietnam.

 

 

Citizens of Asian Pacific countries receive a free entry visa to Vietnam that lasts between 15 and 30 days. However, to work in Vietnam and remain for an extended period, foreigners need to apply for a longer-term three-month multiple entry visa.

Relevant visa types include:

• B2- For execution of investment projects already licensed by Vietnamese state agencies;
• B3- For work with Vietnamese enterprises;
• B4- For work at representative offices or branches of economic, culture, or other professional organizations of foreign countries, or work with a Vietnam-based non-governmental organizations.

Work Permits

In order to be eligible for a work permit, the applicant must comply with the following conditions:

• At least 18 years of age;
• In good enough health to satisfy job requirements;
• A manager, executive director or expert with technical skills and knowledge necessary for the job;
• Not currently subject to criminal prosecution or any criminal sentence in Vietnam or overseas, or have a criminal record.

A work permit may be terminated in the following circumstances:

• Expiration of work permit;
• Termination of labor contract;
• The content of the labor contract is not consistent with the work permit granted;
• If the foreign employee is fired by the foreign employer;
• Withdrawal of work permit by authorized state agencies;
• Termination of operation of the company, organization, and partners in Vietnam;
• The foreigner is sentenced to prison, dies or is proclaimed missing by court.

The following situations exempt the foreigner from needing a work permit:

• Working in Vietnam for less than three months;
• A member of a limited liability company with two or more members;
• The owner of a limited liability company with only one member;
• A member of the board of a joint stock company;
• Coming to Vietnam to market products and services;
• Coming to Vietnam for less than three months in order to resolve an emergency or technologically complex situation that could affect production which Vietnamese experts or foreign experts currently in Vietnam are unable to resolve;
• Lawyers granted a professional permit in Vietnam;
• Heads of representative offices, chiefs of project offices or someone working for foreign non-government organization in Vietnam;
• Internally transferred within an enterprise which has a commercial presence in the committed service list of Vietnam with the World Trade Organization, including: business service, information service, construction services, distribution service, education service, environment service, financial service, health service, tourism service, cultural and recreational services and transportation service;
• Coming to Vietnam to supply consulting services on tasks serving to research, build, appraise, monitor and evaluate, manage and process programs and projects that use Official Development Assistance (ODA) in accordance with regulations or agreements in an international treaty on ODA signed between an authorized Vietnam agency and foreign agency.

Temporary Residence Cards