Lam Nguyen LTD

Foreign citizens who work in Vietnam (below referred to as foreign workers) in the following forms:  

a) Performing labor contracts;  

b/ Being intra-corporate transferees;  

c) Performing contracts or implementing agreements on economics, commerce, finance, banking, insurance, science and technology, culture, sports, education, vocational education, or health;  

d) Providing contractual services;  

đ) Offering services;  

e) Working for foreign non-governmental organizations or international organizations in Vietnam that are licensed to operate in accordance with Vietnam’s law;  

g) Working as volunteers;  

h) Being responsible for establishing commercial presence;  

i) Working as managers, executives, experts or technical workers;  

k) Participating in the performance of bidding packages and projects in Vietnam;  

l) Being relatives of staff members of Vietnam-based foreign representative missions who are licensed to work in Vietnam under treaties to which the Socialist Republic of Vietnam is a contracting party.  

(Quoted from: Decree No. 152/2020/ND-CP)  

At least 15 days before the expected date of employment of foreign workers, employers (except contractors) shall determine their demand for employment of foreign workers for each job assignment which Vietnamese workers cannot perform, and send a report, made according to Form No. 01/PLI provided in Appendix I to this Decree, to the Ministry of Labor, Invalids and Social Affairs or provincial-level People’s Committees of localities where foreign workers are expected to work. 

(Quoted from: Decree No. 152/2020/ND-CP) 

APPLICATION (FOR REFERENCE ONLY)

1. An employer’s application for a work permit, made according to Form No. 11/PLI

2. A health certificate (issued no more than 12 months prior to the date of dossier submission)

3. A criminal record certificate (issued no more than 06 months prior to the date of dossier submission)

4. A document or paper proving that the foreign worker is a manager, an executive, an expert, a technical worker.

5. 02 color photos (sized 4 cm * 6 cm, white background, front facing, bareheaded, no sunglasses) taken no more than 6 months prior to the date of dossier submission.

6. A document on approval of the demand for employment of foreign workers, unless it is not required to determine the demand for employment of foreign workers.

7. A certified copy of the foreign worker’s valid passport in accordance with law.

The validity period of a work permit shall be issued by the validity period of one in the following case but must not exceed 02 years:

1. The term of the labor contract to be signed.

2. The period during which the foreign worker sent to Vietnam by the foreign partner will work.

3. The term of the contract or agreement signed between the Vietnamese and foreign partners.

(Quoted from: Decree No. 152/2020/ND-CP)

Manager means an enterprise manager as defined in Clause 24, Article 4 of the Law on Enterprises or the head or a deputy head of an agency or organization.

(Quoted from: Decree No. 152/2020/ND-CP)

Executive is a person under one of the following cases:

a) Chief officer of a branch, representative office or business location of an enterprise.

b) The person who heads and directly manages at least one area of ​​the agency, organization, enterprise and under the direct direction, management of the chief officer of the agency, organization, enterprise

(Quoted from: Decree No. 152/2020/ND-CP)

Expert means a foreign worker who falls into one of the following cases:

a) Possessing a university or equivalent or higher degree and at least 3 years’ working experience in his/her trained discipline relevant to his/her expected job assignment in Vietnam; 

b/ Having at least 5 years’ experience and possessing a practice certificate relevant to his/her expected job assignment in Vietnam

(Quoted from: Decree No. 152/2020/ND-CP)

Technical worker means a foreign worker who falls into one of the following cases:

a) Having been trained in a technical or another discipline for at least 1 year and having at least 3 years’ working experience relevant to his/her expected job assignment in Vietnam;

b) Having at least 5 years’ working experience relevant to his/her expected job assignment in Vietnam.

(Quoted from: Decree No. 152/2020/ND-CP)

Conditions for extension of a work permit

1. The work permit remains valid for between 5 days and 45 days.

2. A competent agency approves the demand for employment of foreign workers under Article 4 or 5 of this Decree.

3. There are papers proving that the foreign worker continues to work for the employer under the issued work permit.

(Quoted from: Decree No. 152/2020/ND-CP)

TYPES OF VISAS TO VIETNAM

ABLE TO CONVERT TOURIST VISA TO WORKING VISA