Apply for work permit in Hai Duong
In the first five months of 2023, Hai Duong attracted nearly 210 million USD in foreign direct investment (FDI). The new projects mainly come from countries and territories such as China, Hong Kong, Taiwan, South Korea, Germany, etc. This has led to a high demand for high-quality labor, especially foreign workers with high professional and technical qualifications in this locality. In this article, Siglaw will help enterprises understand the procedures, process, and important notes when applying for a work permit in Hai Duong for foreigners working in enterprises in Hai Duong.
Overview of the Foreign Labor Situation in Hai Duong Province
Hai Duong has seen rapid urbanization in recent years, becoming a significant attraction for foreign investment with substantial capital inflows. As of the end of May 2023, Hai Duong Province had nearly 500 FDI projects from 26 countries and territories, with a total registered capital of 9.3 billion USD. FDI capital accounts for 35-40% of the total social investment structure in the province.
FDI enterprises contribute over 60% of the industrial production value in Hai Duong, creating jobs for more than 220,000 direct workers and thousands of indirect workers.
Along with the strong investment attraction is the demand for skilled labor, especially workers with high technical skills.
It is estimated that by the end of 2023, Hai Duong Province will need to recruit nearly 45,000 workers, supporting businesses in expanding production scale and consumer markets, specifically 44,737 workers, of which 99.1% are unskilled laborers, with the remainder being technical workers, specialists, and managers.
Why is it necessary to obtain a work permit in Hai Duong?
The work permit in Hai Duong is an official document issued by a competent government authority (Department of Labor, Invalids and Social Affairs or Hai Duong Provincial Industrial Zones Authority) for foreign workers employed in Hai Duong, allowing them to legally work in the province.
Additionally, the work permit is a required document for foreigners when completing immigration procedures for entry into Vietnam.
If foreign workers work in Hai Duong without a work permit, they may be deported from Vietnamese territory, and the employer in this case will face legal penalties.
What steps are required to apply for a work permit in Hai Duong?
Step 1: Determine the Employer’s Need for Foreign Workers (Request Approval for Foreign Worker Demand)
At least 30 days before the employer in Hai Duong Province (the enterprise) plans to employ foreign workers, the enterprise is required to determine the need for foreign labor for each job position that Vietnamese workers are currently unable to fulfill. The application for approval must be submitted to the competent licensing authority.
Processing time: 10 working days.
Step 2: Submit the Application for the Foreign Worker’s Work Permit in Hai Duong
After receiving the approval for the need for foreign labor, at least 15 days before the intended start date of the foreign worker’s employment, the employer must submit the application for the foreign worker’s work permit in Hai Duong.
Processing time: 5 working days.
Documents Required to Apply for a Work Permit in Hai Duong
Consisting of documents as per Article 9 of Decree 152/2020/ND-CP:
- Application for a work permit in Hai Duong according to form 11/PLI of Decree 152/ND-CP;
- Health check-up certificate valid for 12 months for the foreign worker working in Hai Duong;
- Judicial record of the foreign worker;
- Two color photos (4×6 cm);
- Document approving the need for foreign labor;
- Documentation proving the job position: expert, manager, executive director, etc;
- A copy of the valid passport of the foreign worker in Hai Duong;
- Other documents;
Where to Submit the Work Permit Application in Hai Duong?
- For enterprises outside industrial zones: Submit the application to the Department of Labor, Invalids, and Social Affairs of Hai Duong Province, located at: No. 8 Pham Su Menh Street, Quang Trung Ward, Hai Duong City, Hai Duong Province. Phone: 02203.853.734.
- For enterprises within industrial zones or economic zones: Submit the application to the Hai Duong Provincial Industrial Zones Authority, located at: No. 02 Thanh Nien Street, Hai Duong City, Hai Duong Province.
Validity period of a work permit in Hai Duong
According to Article 155 of the Labor Code 2019, the validity period of a work permit in Hai Duong is a maximum of 2 years. In the case of an renewal, it can only be renewed once for a maximum validity period of 2 years.
What Should Enterprises Do After Obtaining a Work Permit for Foreign Workers in Hai Duong?
- Sign an Employment Contract with the Worker: The contract must specify the terms related to the job position, salary, contract duration, and working conditions. The duration of the employment contract with foreign workers must not exceed 2 years.
- Pay Social Insurance for the Worker: Enterprises need to pay social insurance for foreign workers employed under labor contracts. This ensures that workers are protected in case of workplace accidents, illnesses, or when reaching retirement age. Enterprises must carry out the registration procedures and submit the correct social insurance contributions to the competent authorities.
- Submit Regular Reports to Labor Management Authorities: Enterprises must submit periodic reports regarding the employment of foreign workers to labor management authorities, including a list of foreign workers, working hours, salaries, social insurance, working conditions, and other relevant information regarding labor management.
This is the consultation from Siglaw Firm regarding the application for a work permit in Hai Duong. If you have any further questions, please contact us for detailed answers.
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