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Application for a work permit for an expert position
The process of applying for a work permit for an expert position requires more complex paperwork compared to other positions. With the increasing demand for hiring foreign experts, it is essential to have a deeper understanding of Vietnamese regulations regarding work permits for expert positions. This document is crucial as it serves as official proof that the competent authority has granted permission for a foreign expert to work in Vietnam. To learn more about the information related to work permit issuance for expert positions, please refer to the following article by Siglaw Law Firm.
Definition of an expert according to Vietnamese law
According to Article 3 of Decree 152/2020/ND-CP, an expert is a foreign worker who holds at least a university degree and has at least 3 years of working experience in their field of study; has at least 5 years of experience and a professional certificate; or belongs to a special case as decided by the Prime Minister. Therefore, for a foreign expert to work in Vietnam, it is mandatory to obtain a work permit.
Procedure for applying for a work permit for an expert position
Step 1: Explanation of the need to use an expert
At least 30 days before the expected date of the expert’s work in Vietnam, the enterprise must prepare a report explaining the need to use foreign workers according to the prescribed form. If demand changes, the employer must submit a report explaining the change in the need to use foreign workers.
Within 10 working days from receipt of the enterprise’s reports, the competent authority shall issue a written decision approving or disapproving the foreign expert’s work in Vietnam.
Step 2: Preparing the application for a work permit for an expert
After the demand for using an expert is approved, the enterprise submits an application for a work permit for the foreign expert. Similar to the application for work permits for other subjects, the application for an expert includes the following documents:
– Diplomas, certificates, documents confirming the number of years of experience of the expert;
– Document approving the demand for using foreign workers, except in cases where there is no need to explain the demand for using foreign workers.
– Certified copy of a valid passport.
– 2 recent 4×6 photos with a white background taken within the last 6 months.
– Application for a work permit for an expert position of the employer according to Form No. 11/PLI Appendix I issued under Decree 152/2020/ND-CP.
– Health certificate within 12 months.
– Judicial record issued within 6 months before the date of submission.
In addition, due to the specific nature of the expert position, the following additional documents are required:
– For internal transfers within the enterprise, the following documents are required: Work assignment document; Document confirming that the expert was recruited at least 12 consecutive months before working in Vietnam.
– For experts working for non-governmental organizations in Vietnam, the following documents are required: Document from the organization sending the expert to work and a license from the organization operating in Vietnam.
Note: Diplomas, certificates, and documents confirming experience must be issued by foreign agencies, organizations, or enterprises. Foreign documents must be legalized by consular authorities, translated into Vietnamese, and notarized.
Step 3: Submitting the application and receiving the work permit for foreign experts
At least 15 days before the expected date of the expert’s work in Vietnam, the enterprise must apply for a work permit to the Ministry of Labor, Invalids and Social Affairs or the Department of Labor, Invalids and Social Affairs where the expert is expected to work.
Within 05 working days from the date of receipt of the complete application, the receiving agency shall issue a work permit for the foreign expert, or if not issued, shall issue a written reply stating the reasons.
For experts working under an employment contract, after being granted a work permit, the enterprise and the expert must sign an employment contract in writing. Within 05 working days from the date of signing the employment contract, a copy of the signed contract must be sent to the work permit issuing agency.
The above information regarding work permits for experts is based on the latest legal regulations and provided by Siglaw Law Firm. If you have any further questions, please contact Siglaw for prompt assistance.
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