Apply for work permit in Binh Duong

Apply for work permit in Binh Duong

Binh Duong Province is located in the Southeast region of Vietnam, belongs to the Southern Key Economic Region, bordering Dong Nai, Binh Phuoc, Tay Ninh, and Ho Chi Minh City. Therefore, Binh Duong has always been an attractive destination for many investors and both domestic and foreign workers. As a result, obtaining a work permit in Binh Duong Province is a mandatory requirement for foreigners working here, except in cases where they are exempt from the work permit according to legal regulations.

Why must a work permit be obtained when working in Binh Duong Province?
Labor law stipulates that foreigners working in Binh Duong must have a work permit issued by the competent state authority of Binh Duong Province, except in cases specified in Article 154 of the Labor Code 2019 and Article 7 of Decree 152/2020/ND-CP.

If a foreign worker does not have a work permit or a confirmation of exemption from the work permit while working, both the foreign worker and the enterprise employing them may be subject to penalties as provided in Article 31 of Decree No. 28/2020/ND-CP.

A work permit or confirmation of exemption from the work permit in Binh Duong is a prerequisite for foreign workers to apply for a work visa or temporary residence card in Binh Duong, and it also allows them to sponsor their spouse, parents, and children to reside in Vietnam.

Conditions for Obtaining a Work Permit in Binh Duong Province
Foreign workers working in Binh Duong must meet the following conditions to be granted a work permit in the province:

• Must be 18 years of age or older and in good health according to the regulations of the Ministry of Health;
• Must have the professional qualifications, skills, technical expertise, and work experience appropriate to the job position;
• Must not be individuals currently serving a sentence or have not had their criminal record cleared, or are under criminal investigation.

Process for Obtaining a Work Permit in Binh Duong Province
Components of the Work Permit Application in Binh Duong

• A document requesting the issuance of a work permit for foreign workers in Binh Duong;
• A judicial record or a document confirming that the foreign worker is not currently serving a sentence, has not had their criminal record cleared, or is under criminal investigation according to the laws of the foreign country or Vietnam. This document must be issued by the local authorities or Vietnam and is valid for no more than 6 months from the date of issuance;
• A health check-up certificate or a document certifying that the worker meets health requirements issued by a competent authority of a foreign country or Vietnam, valid for 12 months;
• Documents proving the position of executive director, manager, expert, or skilled worker, including diplomas, certificates, and documents confirming years of experience from foreign authorities, organizations, or enterprises;
• 02 4cm x 6cm photos;
• A certified copy of a valid passport.

Procedures for Obtaining a Work Permit in Binh Duong
Step 1: Request Approval for the Need to Employ Foreign Workers
At least 30 days before the planned employment of a foreign worker, the employer must submit a report explaining the need to employ foreign workers to the Ministry of Labor – Invalids and Social Affairs or the Department of Labor – Invalids and Social Affairs of Binh Duong Province.

Processing time: Within 10 days from the date of receiving the valid application form and explanatory report, the approving authority will send the results via email to the employer.

Step 2: Submit the Application for a Work Permit in Binh Duong
At least 15 working days before the foreign worker is scheduled to start working for the employer, the employer must submit the application for a work permit directly to the Department of Labor – Invalids and Social Affairs of Binh Duong Province (Address: 6th Floor, Tower A, Binh Duong Provincial Administrative Center, Le Loi Street, Hoa Phu Ward, Thu Dau Mot City, Binh Duong Province; Phone: 0274 3822 463);

Or submit the application online through the electronic portal: http://dvc.vieclamvietnam.gov.vn.

Processing time: 5 working days from the date of submission of a valid application.

Things required after receiving a work permit in Binh Duong
After a foreign worker has been granted a work permit in Binh Duong, the employer must carry out the following procedures:

1. Sign a labor contract;
2. Pay social insurance and health insurance for the foreign worker;
3. Report on the use of foreign workers when requested by the competent state authority.

For comprehensive free consultation on the procedures for applying for a work permit in Binh Duong, please contact:

Siglaw Law Firm

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.

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

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