Apply for work permit in Hai Phong

Apply for work permit in Hai Phong

Currently, Hai Phong is developing as one of the largest and most developed cities in Vietnam. That leads to a huge demand for high-quality labor, especially foreign labor in this locality. Therefore, through this article, Siglaw will help businesses understand the process, procedures and notes during and after applying for a Work Permit in Hai Phong for foreigners working at the business.

Foreign labor situation in Hai Phong

Hai Phong is a land with great economic development potential with a prime location, converging advantages with all types of transportation. Along with that, Hai Phong’s breakthrough is administrative reform, helping to simplify and quickly resolve procedures on investment, construction, planning, finance, land, environment; creating the most favorable conditions for many investors to implement investment projects in the city.

With nearly 25 billion USD of current foreign direct investment capital and an expected additional 10 billion USD of FDI capital by 2025, the demand for high-quality human resources in Hai Phong is very large. According to calculations, every 1 billion USD of investment requires 10,000 workers, of which about 3,000 are high-quality workers. Most of the high-quality labor force comes from foreign workers, so implementing procedures for managing and licensing foreign workers in this locality is always an urgent issue of concern.

 

Issues to note when applying for a work permit in Hai Phong

Authority to issue a work permit in Hai Phong

The authority competent to issue a work permit in Hai Phong is the Department of Labor, War Invalids and Social Affairs of Hai Phong City or the Hai Phong Economic Zone Management Board if the enterprise is headquartered in an Industrial Park or Economic Zone.

 

Procedures for applying for a work permit in Hai Phong

Step 1: Apply for approval of the need to use foreign labor

At least 30 days before the expected date of employment of foreign labor, the enterprise is obliged to determine the need to use foreign labor for each job position that Vietnamese workers cannot meet and report to the competent licensing authority.

Processing time: 10 working days.

Step 2: Apply for a work permit in Hai Phong

After the need to use foreign labor is approved, the enterprise submits an application for a work permit for the foreign worker at least 15 days before the expected date of employment.

Processing time: 5 working days.

 

Application for a work permit in Hai Phong

Application for a work permit in Hai Phong includes the following documents:

  • Application for a work permit in Hai Phong according to Form No. 11/PLI Appendix I issued with Decree 152/2020/ND-CP;
  • A health certificate or a health examination certificate valid for 12 months;
  • A judicial record issued no more than 06 months from the date of issue to the date of application submission;
  • Documents proving that the applicant is a manager, executive director, labor expert, technical worker and some other specific occupations and jobs;
  • 02 color photos (4cm x 6cm);
  • A document approving the need to use foreign labor (except for cases where it is not necessary to determine the need to use foreign labor;
  • A certified copy of a valid passport;
  • Other documents as prescribed by law.

 

Things businesses need to do after applying for a work permit in Hai Phong

After a business has received a work permit in Hai Phong, there are a number of important things that need to be done to ensure compliance with legal regulations and create a favorable working environment for employees. Below are the detailed steps that need to be implemented:

 

Signing a labor contract:

After being granted a work permit, the business needs to sign a labor contract with a foreign employee in accordance with current labor laws. The labor contract needs to clearly state the terms related to the job, rights and obligations of both parties, salary, working term and conditions. Signing a labor contract ensures the rights of both the business and the employee. Note that the term of the labor contract with a foreign employee must not exceed 02 years.

 

Paying social insurance for employees:

Businesses need to pay social insurance for foreign employees working under labor contracts. This ensures that workers are protected in the event of work-related accidents, illnesses or when they reach retirement age. Enterprises need to carry out registration procedures and pay the correct social insurance premiums to the competent authorities.

 

Periodic reporting to the labor management agency:

Enterprises need to periodically report on the use of foreign workers to the labor management agency. These reports include the list of foreign workers, working hours, wages, social insurance, working conditions and other information related to labor management. Periodic reporting helps the labor management agency control and evaluate the enterprise’s compliance with regulations on foreign labor management.

Siglaw Law Firm

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Expert advice on articles:

Lawyer Dung Le (Elena)

CEO of Siglaw Law Firm

Lawyer Le Dung has more than 10 years of experience providing legal advice to investors from more than 10 countries such as the US, Singapore, Canada, Denmark, Japan, Korea, China…