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Vietnam's recent economic landscape has been characterized by a substantial surge in foreign investments, precipitating a significant increase in the expatriate workforce within the country. This comprehensive analysis aims to unravel the intricate regulatory framework governing work permits, providing international professionals with a detailed roadmap to navigate the complex administrative, legal, and procedural requirements essential for successful employment in Vietnam's dynamic and evolving job market.
The Work Permit (WP) serves as a regulated document for expatriates to engage in employment within Vietnam. It is imperative to note that the absence of a valid WP results in the non-recognition of an expatriate's work tenure as legally documented. Consequently, both the expatriate and the employing company may be subject to administrative sanctions.
It is crucial to clarify that not all expatriates working in Vietnam are obligated to obtain a WP. The Vietnamese Government has outlined specific criteria for exemptions, providing a comprehensive list of eligible cases. However, even when expatriates fall within the scope of the Work Permit Exemption (WPE), it remains mandatory for them to initiate the application process to secure the Confirmation on WPE (hereinafter referred shortly as WPE).
Under Vietnamese law, expatriates may engage in the workforce for the following purposes:
Executing employment contracts or intra-company transfer programs.
Performing agreements in areas such as business, trade, finance, technology, culture, sports, education, vocational training, health, and other specified sectors.
Providing or offering services under contracts.
Working for licensed foreign non-governmental or international organizations in Vietnam.
Volunteering or managing commercial presence establishments.
Acting as managers, executives, experts, or technical workers.
Implementing packages or projects in Vietnam.
Accompanying relatives of foreign representatives authorized to work in Vietnam under international treaties.
To legally work in Vietnam, expatriates must meet the following conditions:
Eligibility: Be at least 18 years old and possess full legal capacity.
Qualifications: Have appropriate qualifications, skills, practical experience, and meet health requirements specified by the Ministry of Health.
Legal Standing: Have no unspent convictions, ongoing criminal prosecution, or active sentences in their home country or Vietnam.
Work Permit: Obtain a work permit issued by the competent authority, except in cases of exemption.
Expatriates may be exempted from obtaining a work permit if they meet specific criteria, such as:
Managing representative offices, projects, or operations of international organizations or NGOs.
Working in Vietnam for less than three months to market services or resolve urgent technical issues.
Holding positions as managers, executives, experts, or technical workers for less than 30 days per stay and up to three times annually.
Being foreign lawyers licensed in Vietnam or spouses of Vietnamese citizens.
Owning or contributing capital (minimum VND 3 billion) in limited liability or joint-stock companies.
Participating in intra-company transfer programs within WTO sectors or providing services for ODA-funded projects.
Teaching, managing, or volunteering under international treaties or agreements involving Vietnam.
Entering Vietnam as students, interns, or relatives of foreign representatives.
The WP process involves three key steps:
Vietnamese employee recruitment: Employers must advertise job positions locally through the Employment Department's portal or Employment Service Center. The announcement should include job details, qualifications, and salary. If no suitable Vietnamese candidate is found, the employer can proceed to the next step.
Approval for Foreign Workers: The hiring company must demonstrate the necessity of employing expatriates for specific positions and obtain approval from the competent authority.
Work Permit Application: Upon approval, the employer applies for the expatriate’s work permit.
The total processing time is regulated to take approximately 15 working days but often extends to 2-3 months due to queries from authorities.
For WPE applications, the process is simplified:
The hiring company must submit the application at least 10 days before the expatriate starts working.
The competent authority responds within 5 working days.
When applying for a work permit in Vietnam, expatriates are required to submit specific documents to demonstrate their eligibility, qualifications, and compliance with local laws. Some crucial documents are following:
Health Certificate: Obtain the certificate from a recognized hospital in Vietnam or your home country. If issued abroad, it must be legalized and translated into Vietnamese. The health check should include general fitness tests and screenings as prescribed by Vietnamese regulations and be valid within 12 months. This is to ensure the employee is physically fit to work in Vietnam and does not pose any health risks.
Police Clearance Certificate: this document can be requested from the appropriate authority in your home country (or Vietnam if residing for six months or longer). Please ensure the document is legalized and translated into Vietnamese, and it must be issued within 12 months of submission.
Educational Qualifications (e.g., Bachelor’s Degree): this is to confirm the expatriate meets the educational requirements for the specific job role. If issued abroad, the degree must be legalized and accompanied by a certified Vietnamese translation.
Experience Certificate: to demonstrate professional experience and expertise in the field, often required for managerial, expert, or technical roles. You can obtain letters or certificates from previous employers that detail your job titles, responsibilities, and duration of employment. Ensure these documents align with the job description and are translated into Vietnamese if issued in another language.
Passport Copy: you should provide a notarized copy of the photo and visa pages and ensure the passport is valid for the duration of the work permit.
Key Notes for Preparation:
All documents issued abroad must go through consular legalization unless exempted by international treaties Vietnam is a signatory to.
Legalized documents must be translated into Vietnamese by an authorized translation office and notarized for authenticity.
Ensure all documents are prepared and submitted in accordance with the timeline specified by the authorities to avoid delays.
The WP or WPE is granted for a maximum of 2 years but it shall not exceed the period indicated in supporting documents such as employment contracts or decisions on internal resource transfer. The WP is extendable for 01 time only according to the relevant provisions.
In case working in Vietnam without a WP or WPE or using an expired WP or WPE, the expatriate is imposed a fine ranging from VND 15.000.000 to VND 25.000.000 and expelled from Vietnam. This will have a huge impact on the expatriate's record for their future entry into Vietnam.
In conclusion, navigating the work permit landscape in Vietnam requires meticulous attention to regulatory details, comprehensive documentation, and strict compliance with legal requirements. The process involves a complex interplay of administrative procedures, stringent eligibility criteria, and potential exemptions that demand careful preparation by both employers and expatriate workers. While the framework may seem intricate, understanding and adhering to these regulations is crucial for foreign professionals seeking to contribute to Vietnam's dynamic and rapidly evolving economic environment. Failure to comply can result in significant financial penalties, potential expulsion, and long-term restrictions on future entry, underscoring the importance of thorough preparation and professional guidance throughout the work permit application process.
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