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DOCUMENTATION AND PROCEDURES FOR ISSUING WORK PERMITS FOR AMERICANS [2024]
On the occasion of the 10th anniversary of Vietnam-U.S. partnership and the event where 52 major American corporations visited Vietnam, opening up opportunities to bring labor from this country to Vietnam, especially in expert and technical labor positions, Siglaw would like to share with you basic knowledge about applying for a Work Permit for Americans in Vietnam.
Cases in which American workers need to apply for a Work Permit in Vietnam
Vietnam is one of the Asian countries with a potential market offering many business expansion opportunities, attracting not only foreign investors but also foreign workers, including Americans, to come to Vietnam for employment. According to Decree 152/2020/ND-CP, Americans working in Vietnam in the following cases will need to apply for a work permit:
- Performing work under a labor contract.
- Transferring within the enterprise.
- Performing contracts or agreements in the fields of: economics, commerce, finance, banking, insurance, science and technology, culture, sports, education, vocational education, and healthcare.
- Service providers under contract.
- Offering services.
- Working for foreign non-governmental organizations or international organizations permitted to operate in Vietnam according to Vietnamese law.
- Managers, executives, experts, and technical workers.
- Participating in tenders or projects in Vietnam.
Conditions for obtaining a Work Permit for Americans in Vietnam
For an American citizen to be granted a work permit according to Vietnamese law, meeting the conditions is crucial. Specifically, an American worker will need to fulfill the following five groups of conditions when submitting an application for a work permit to the competent authorities in Vietnam:
- The American citizen must have full legal capacity as required by Vietnamese law.
- The foreign worker must be in good health and suitable for the job requirements.
- The American citizen must fall into the category of persons eligible to be granted a work permit under Vietnamese law.
- The applicant for a work permit must not have committed any crimes or been subject to criminal investigation under Vietnamese law or the law of their home country.
- Before applying for a work permit, the foreign worker needs to obtain written approval from the competent Vietnamese authority regarding the employment of foreign workers.
Procedures for applying for a Work Permit for an American Citizen
Step 1: Obtain written approval from the competent government authority for the employment of an American worker in Vietnam
Before submitting an application for a work permit for an American worker in Vietnam, the company/enterprise must first register its need to hire an American worker.
The registration documents include:
- An explanatory letter (Form 01/PLI) if the employer has not previously registered and received approval to hire American workers, OR
- An explanatory letter (Form 02/PLI) as stipulated in Decree 152/2020/ND-CP if the employer has already been approved to hire American workers but there has been a change in the employment requirements.
- A letter of introduction/authorization (if the person submitting the application is not the legal representative of the enterprise).
- A notarized copy of the enterprise’s business registration certificate.
Note that the employer (except for contractors) must submit the documents to the Ministry of Labor, Invalids, and Social Affairs or the provincial People’s Committee for approval of the employment of American workers at least 30 days before the expected date of employment.
The processing time for approval is 15 working days from the date of submission of complete and valid documents.
Step 2: Prepare and submit the work permit application for the American worker
The worker will need to prepare the following documents while awaiting written approval from the competent government authority regarding the employment of an American worker in Vietnam. The work permit application typically includes the following documents:
- A request letter for a work permit for the American worker.
- A health certificate from within the last 12 months, either from overseas or from a health facility in Vietnam that meets the Ministry of Health’s standards.
- A criminal record certificate from the U.S. or a Vietnamese police clearance issued within the last six months.
- A document confirming the approval of the job position for the American worker (Result from Step 1).
- A notarized copy of the American worker’s passport and visa.
- Supporting documents for the job position being applied for (e.g., university degree, work experience verification relevant to the job position being requested).
- Two color photos in the standard size of 4×6 cm, white background, without glasses.
- Other related documents for the foreign worker, such as the employment contract, company appointment letter, or company charter.
The processing time for issuing the work permit is 5 working days from the date the complete application is received. If the work permit is not granted, a written response will be provided, stating the reasons.
Phone: (+84) 961 366 238
Email:
Headquarters: No.44/A32-NV13, Gleximco A, Le Trong Tan street, An Khanh, Hoai Duc, Ha Noi, Vietnam.
Southern branch: A9.05 BLOCK A, SkyCenter Building, 5B Pho Quang Street, Ward 2, Tan Binh District, Ho Chi Minh City, Vietnam.
Central branch: 177 Trung Nu Vuong, Hai Chau District, Da Nang City
Facebook: https://www.facebook.com/hangluatSiglaw
