Comprehensive Guide to Work Permits in Vietnam

Overview

A work permit in Vietnam is a legal document that allows foreign nationals to work in the country. The process is regulated by the Vietnamese government to ensure that foreign workers meet specific qualifications and that their employment does not negatively impact the local labor market.

Relevant National Regulations

The primary legal framework governing work permits in Vietnam includes:

1. Labor Code of Vietnam (2019): This code outlines the rights and responsibilities of workers and employers, including provisions for foreign workers.
2. Decree No. 152/2020/ND-CP: This decree provides detailed regulations on the employment of foreign workers in Vietnam, including the types of work permits, application procedures, and exemptions.
3. Circular No. 40/2016/TT-BLDTBXH: This circular offers guidance on the implementation of the Labor Code and Decree 152, detailing the requirements for work permits.

Types of Work Permits

1. Work Permit (Giấy phép lao động): For foreign workers employed by Vietnamese companies.
2. Work Permit Exemption Certificate: For certain categories of workers, such as those working for less than 30 days or those who are investors or representatives of foreign organizations.

General Costs

The costs associated with obtaining a work permit can vary based on several factors, including the type of work permit and the services of any third-party agencies involved. Here are some typical costs:

• Application Fee: Approximately 1,000,000 VND to 2,000,000 VND (around $45 to $90).
• Health Check: Costs can range from 500,000 VND to 1,500,000 VND (around $22 to $67), depending on the clinic.
• Translation and Notarization: If documents need to be translated or notarized, expect to pay an additional 500,000 VND to 1,000,000 VND (around $22 to $45).
• Agency Fees: If you use a service agency, fees can range from 5,000,000 VND to 15,000,000 VND (around $225 to $675) depending on the complexity of the application.

Standard Procedures for Obtaining a Work Permit

1. Determine Eligibility: Ensure you meet the qualifications for a work permit, including having a job offer from a Vietnamese employer and relevant qualifications or experience.

2. Gather Required Documents:

   • Valid passport (with at least 6 months validity).
   • Job offer letter from a Vietnamese employer.
   • Health certificate issued by a recognized medical facility.
   • Criminal record check from your home country (translated into Vietnamese).
   • Academic and professional qualifications (translated into Vietnamese).
   • Employment contract (if applicable).

3. Submit Application:

   • The employer must submit the application to the Department of Labor, Invalids, and Social Affairs (DoLISA) in the province where the company is located.
   • Applications can be submitted in person or online, depending on the local regulations.

4. Receive Work Permit:

   • The processing time is typically 5 to 15 working days.
   • If approved, the work permit will be issued, and you will receive a notification.

5. Work Permit Card: After receiving the work permit, you may need to apply for a work permit card, which serves as proof of your legal right to work in Vietnam.

Country-Specific Considerations

• Language Barrier: Vietnamese is the official language, and while many professionals speak English, it is advisable to have documents translated into Vietnamese.
• Cultural Sensitivity: Understanding local customs and business etiquette is crucial. Building relationships and showing respect for Vietnamese culture can facilitate smoother interactions.
• Local Labor Market: The Vietnamese government prioritizes hiring local workers, so be prepared to justify the need for a foreign worker in your application.

Cultural Aspects

• Networking: Building a network can be beneficial. Attend local business events and join expatriate groups to connect with others who have gone through the process.
• Patience and Flexibility: The bureaucratic process can be slow, and requirements may change. Being patient and flexible will help you navigate the system more effectively.

Conclusion

Obtaining a work permit in Vietnam involves understanding the legal framework, preparing the necessary documentation, and navigating the application process. By being informed and culturally aware, foreign workers can successfully secure their work permits and integrate into the Vietnamese workforce. Always consider consulting with a legal expert or a reputable agency to ensure compliance with the latest regulations and to facilitate the process.