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Application for a Work Permit for Technical Worker Position
Vietnamese law allows enterprises to employ foreign workers for technical positions where domestic labor cannot meet the required qualifications. Therefore, obtaining a work permit for foreign technical workers is a mandatory procedure for them to work in Vietnam. In this article, Siglaw invites you to explore the conditions, documentation, and procedures for applying for a work permit for foreign technical worker positions in detail:
Conditions for Obtaining a Work Permit for Technical Worker Positions
Foreign technical workers are individuals with high professional skills, whose employment is encouraged by the Vietnamese government to help improve the expertise and technical skills of the domestic workforce. Agencies, organizations, or enterprises wishing to recruit foreign nationals for technical positions are required to apply for a work permit. The conditions for obtaining a work permit for a technical worker position include:
- Must be at least 18 years old and possess full legal capacity.
- The foreign worker’s visa in Vietnam must remain valid during the work permit application process.
- Must be in good health and have a medical certificate issued in accordance with the regulations of the Ministry of Health.
- Must not be serving a criminal sentence, have an unexpunged judicial record, or be under criminal investigation in accordance with the laws of either Vietnam or their home country.
- Professional Qualifications and Experience:
- Must have received training in a technical field or another relevant specialty for at least 1 year and have worked for a minimum of 3 years in the field of training.
- Must have at least 5 years of experience in a job relevant to the position the foreign worker intends to occupy in Vietnam.
Procedures for Applying for a Work Permit for Technical Worker Positions
Step 1: Prepare and submit the application for approval of the need to employ foreign workers to the Department of Labor, Invalids, and Social Affairs.
- Corporate Legal Documents: Include the company’s legal documents (Business Registration Certificate, Investment Registration Certificate, and any other operational licenses if applicable).
- Labor Demand Justification Form: Complete the labor demand justification form (Form No. 01 or Form No. 02 as per Circular 18/2018/Ministry of Labor, Invalids, and Social Affairs). Form No. 01 is for new positions requiring approval for employing foreign workers. Form No. 02 is used when there is already a registered need to employ foreign workers and adjustments are needed.
- Employee Introduction Letter/Authorization Letter: Provide a letter introducing the employee or an authorization letter for the representative to carry out the procedure.
Step 2: Prepare and submit the application for a Work Permit for the technical worker position to the Department of Labor, Invalids, and Social Affairs.
- A written request for the issuance of a work permit for the technical worker position.
- A document approving the need to employ foreign workers issued by the Department of Labor, Invalids, and Social Affairs (result from Step 1).
- A notarized copy of the Business Registration Certificate of the enterprise/organization/agency employing the foreign technical worker.
- A notarized and translated copy of all pages of the foreign worker’s passport, which must be valid for more than 6 months.
- The foreign technical worker must provide one of the following health check-up certificate:
- A health check-up certificate issued abroad with a validity of 6 or 12 months, which must be consular legalized (as required in some provinces).
- A health check-up certificate issued in Vietnam, which must be obtained from hospitals recognized by Vietnam within the last 12 months.
- A judicial record number 01 issued within the last 6 months / A document confirming that the foreign worker is not serving a sentence, has not had their judicial record expunged, or is not under criminal investigation, issued within the last 6 months (if from a foreign organization, it must be consular legalized with a notarized translation).
- Foreign judicial record: Issued by the competent authority in the host country and must be consular legalized.
- Judicial record issued by the Department of Justice of the province/city in Vietnam.
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Documents Proving the Technical Worker Position
- Diplomas or certificates of training in a technical field or another relevant specialty for at least 1 year.
- The worker must provide the diploma, training certificate, and a confirmation document from the foreign agency, organization, or enterprise with a minimum of 3 years of experience.
- The worker must provide a confirmation document from the foreign agency, organization, or enterprise with a minimum of 5 years of experience.
- A 4×6 cm ID photo with a white background, taken within the last 6 months.
The application for a work permit for the technical worker position must be submitted at least 15 days before the expected start date of the foreign worker in Vietnam. The Department of Labor, Invalids, and Social Affairs will issue the work permit within 5 working days from the date of receiving a complete and valid application.
Siglaw is always ready to discuss and assist clients with the necessary information during the process of applying for a work permit for foreign technical worker positions. Please contact Siglaw for detailed consultation.
Phone: (+84) 961 366 238
Email:
- vphn@siglaw.com.vn
- vphcm@siglaw.com.vn
Headquarters: No.44/A32-NV13, Gleximco A, Le Trong Tan street, An Khanh, Hoai Duc, Ha Noi, Vietnam.
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