The Process And Time For Applying For Work Permit

Work Permit is an important legal document for foreign workers to work legally in Vietnam. The Process Of Applying For A Work Permit has been clearly stipulated in Decree 152/2020/ND-CP and amendments in Decree 70/2023/ND-CP. This article will analyze in detail The Process And Time For Applying For Work Permit.

Work Permit Application Process

The process of applying for a work permit for foreigners includes the following specific steps:

Posting for Vietnamese workers:

According to Article 4 of Decree 152/2020/ND-CP, before applying for a work permit for a foreigner, enterprises need to recruit Vietnamese workers to ensure that the job position cannot be filled by domestic workers. This is one of the prerequisites in the Work Permit Application Process. Specifically, as follows:

a) Enterprises must publish a recruitment notice for Vietnamese workers for the positions intended for foreign labour at least 15 days prior to the expected date of submitting the explanatory report to the Ministry of Labour, War Invalids and Social Affairs or the Department of Labour, War Invalids and Social Affairs where the foreign worker is expected to work. The recruitment notice shall be posted on the electronic portal of the Ministry of Labour, War Invalids and Social Affairs (Department of Employment) or the electronic portal of the Employment Service Centre under the authority of the Chairman of the Provincial or Municipal People’s Committee.

b) The recruitment notice must include:

• Job position;
• Job description;
• Requirements for professional qualifications and experience;
• Duration and workplace location;
• Salary (if any).

Determination of the demand for employment of foreign workers and an explanation report on the demand for employment:

a) At least 15 days prior to the expected date of employing a foreign worker, the employer must submit an explanatory report on the demand for foreign workers for each job position where Vietnamese workers are not yet capable of meeting the requirements, using Form No. 01/PLI, Appendix I issued with Decree No. 70/2023/ND-CP.

b) Competent authority:

• The Ministry of Labour, War Invalids and Social Affairs (for cases where the foreign worker is employed by an employer operating in multiple provinces or centrally governed cities); or
• The Department of Labour, War Invalids and Social Affairs (for cases where the foreign worker is employed by an employer operating in one or multiple locations within the same province or centrally governed city).

c) Processing Time: 10 working days from the date of receipt of the complete explanatory report on the demand for foreign workers or the amended explanatory report on the demand for foreign workers.

d) In the course of implementation, if there is a change in the demand for using foreign workers in terms of position, job title, working form, number and location, the employer must report to the Ministry of Labour, War Invalids and Social Affairs or the Department of Labour, War Invalids and Social Affairs according to Form No. 02/PLI Appendix I issued together with Decree No. 70/2023/ND-CP at least 15 days before the expected date of employment of foreign workers.

Submitting documents and receive work permits

After completing the application, the enterprise submits it to the competent authority.

a) Competent Authority:

• The Ministry of Labour, War Invalids and Social Affairs (for cases where the foreign worker is employed by an employer operating in multiple provinces or centrally governed cities); or
• The Department of Labour, War Invalids and Social Affairs (for cases where the foreign worker is employed by an employer operating in one or multiple locations within the same province or centrally governed city).

b) Processing Time: 5 working days from the date of receipt of the complete application for the issuance of a work permit.

Time To Complete The Process:

The total time to complete The Work Permit Application depends on factors such as the preparation of the documents, the processing time of the regulatory agency, and the validity of the documents. Here is a detailed estimate:

Stage of posting for Vietnamese workers:

• Deadline for receiving job applications from candidates: at least 15 calendar days.
• Preparation time: The enterprise shall allocate sufficient time to complete the required information in the recruitment posting. It may take approximately 1 to 3 working days for the competent authority to review and approve the recruitment request.

Stage of confirming the demand for foreign workers

• Processing time: 10 working days.
• Preparation time: The enterprise shall arrange an appropriate timeframe to complete the documentation for reporting and justifying the need to employ foreign workers, or the justification report for changes in the need to employ foreign workers. In cases where the enterprise submits the documentation online, it may take approximately 1-3 working days for the competent authority to review and process the application.

Stage of application preparation

• Health certificate: Medical examination can be performed and completed within 1-3 days at licensed medical facilities in Vietnam.
• Judicial record card or certificate of no criminal record: 10 working days for the case of applying for a judicial record card in Vietnam.
• Translation, notarization and consular legalization of documents: depending on the actual situation

The total application preparation time can range from 2 to 4 weeks, depending on the complexity of the document and the country where the document was issued.

Stage of applying for a work permit

• Processing time: 5 working days.
• In case the application is incomplete or there is an additional request, this period can be extended by 1-2 weeks.

Total Estimated Time: Approximately 6-8 weeks to complete the entire process.

The Process And Time Of Applying For A Work Permit in Vietnam requires proper compliance with the process and ensuring the time as prescribed by law. With the detailed information specified in Decree 152/2020/ND-CP and Decree 70/2023/ND-CP, enterprises and foreign workers can carry out this procedure smoothly. Hopefully, this article will help you better understand the Process And Time Of Applying For A Work Permit, contributing to saving time and effort in the implementation process.

The above is an overview of The Process And Time For Applying For Work Permit. If you have difficulties in finding a Law Firm to advise and support in the relevant legal field, please contact us. Phuoc & Partners is a professional consulting firm established in Vietnam and currently has nearly 100 members working in three offices in Ho Chi Minh City, Hanoi and Danang. Phuoc & Partners is also rated as one of the leading consulting firms in Vietnam with highly specialised teams in top legal fields such as Labour and Employment, Taxation, Merger and acquisition, Litigation. We are confident in providing customers with optimal and effective service.