Apply for work permit in Ho Chi Minh city

Apply for work permit in Ho Chi Minh city

Ho Chi Minh City is the largest economic and cultural center in Vietnam; consequently, it serves as a hub attracting numerous investors as well as foreign labor. According to current legal regulations, foreigners who wish to work legally in Vietnam are required to obtain a work permit. In this article, Siglaw would like to share with you essential information regarding the application for work permits in Ho Chi Minh City.

Reasons for Obtaining a Work Permit in Ho Chi Minh City

Possessing a work permit in Ho Chi Minh City is a mandatory condition for foreigners to enter the labor market in Ho Chi Minh City because:

• A work permit is one of the required documents for foreigners to apply for a work visa or temporary residence card when entering and residing in Ho Chi Minh City. Additionally, foreigners may sponsor their spouses and children to reside in Ho Chi Minh City when holding a work permit;
• If a foreigner works in Ho Chi Minh City without a work permit (except in cases of exemption), they may be subject to an administrative fine of up to VND 25,000,000 or may even face expulsion from the territory of Vietnam;
• Companies employing foreign workers without a work permit may be subject to an administrative fine of up to VND 75,000,000.

Cases Requiring a Work Permit in Ho Chi Minh City

Foreigners working in Ho Chi Minh City must complete the procedures to apply for a work permit in Ho Chi Minh City, except in cases that do not fall under the requirement for a work permit as stipulated in Article 154 of the 2019 Labor Code and Article 7 of Decree 152/2020/ND-CP on foreigners working in Vietnam and the recruitment and management of Vietnamese employees working for foreign organizations and individuals in Vietnam.

Conditions for Obtaining a Work Permit in Ho Chi Minh City

The conditions for foreigners to be granted a work permit in Ho Chi Minh City include:

• Being 18 years of age or older and having adequate health as required;
• Not falling under cases such as currently serving a prison sentence, having an unexpunged criminal record, or being under criminal prosecution as prescribed by the laws of foreign countries or Vietnam;
• Possessing professional qualifications and work skills;
• Having a sponsoring company for employment in Vietnam;
• Holding a valid Vietnam visa during the period of work permit issuance in Ho Chi Minh City;
• Meeting the equivalent conditions for the job position, such as holding a university degree or providing proof of relevant experience if working in a specialist role.

Procedures for Applying for a Work Permit in Ho Chi Minh City

Step 1: Obtain a Judicial Record

The judicial record certificate must be issued within 180 days from the issuance date to the date of submission and must be one of the following types:

• Foreign Judicial Record: Issued by the local authorities in the foreign country and must be legalized, accompanied by a certified translation.
• Vietnamese Judicial Record: Issued by the Department of Justice of the province/city where the foreigner resides. If the foreigner resides in Ho Chi Minh City, they can obtain the judicial record from the Ho Chi Minh City Department of Justice at the address: 141-143 Pasteur, Ward 6, District 3, Ho Chi Minh City.

Step 2: Health Check-up 

Foreigners may undergo a health check-up abroad. In this case, the health check-up certificate must be legalized and accompanied by a certified translation.

Foreigners residing in Vietnam may undergo a health check-up at medical facilities in Ho Chi Minh City or other provinces.

The health check-up certificate is valid for 12 months from the issuance date.

Step 3: Prepare the Application for a Work Permit in Ho Chi Minh City

In addition to the judicial record certificate and health check-up certificate, foreigners working in Ho Chi Minh City need to prepare the following documents:

• Application form for a work permit in Ho Chi Minh City;
• Judicial record or a document issued by a foreign country within the past 6 months, certifying that the worker does not fall under cases of serving a prison sentence, having an unexpunged criminal record, or being under criminal prosecution;
• Documents, diplomas, or a certificate of work experience abroad, duly legalized;
• Health check-up certificate;
• 4×6 cm photo;
• Passport or equivalent valid identification.

Step 4: Report on the Need for Foreign Labor Utilization

The company employing foreign labor in Ho Chi Minh City must submit a report on the need for foreign labor, including:

• Official letter explaining the need for foreign labor;
• Business registration certificate.

The company submits the report to the Ho Chi Minh City Department of Labor, Invalids and Social Affairs at least 30 days before the anticipated start date of employing foreign labor, and a written approval for the need to use foreign labor will be issued within 10 days from the date of submission of a complete and valid dossier.

Information of the Ho Chi Minh City Department of Labor, Invalids and Social Affairs:

• Address: 159 Pasteur, Ward 6, District 3, Ho Chi Minh City
• Phone: (84-08) 3829 1302
• Email: delisa@hcm.fpt.vn

Step 5: Apply for a Work Permit

After preparing all necessary documents as outlined above, the application must be submitted to the Department of Labor, Invalids and Social Affairs at least 15 days before the foreigner’s intended start date of employment in Vietnam. The work permit will be issued within 5 working days from the date of submission of a complete and valid document.

Step 6: Procedures After the Issuance of a Work Permit

After a foreigner in Ho Chi Minh City has been granted a work permit, the company must complete the following procedures:

• Sign the labor contract;
• Register health insurance and social insurance for the foreign employee;
• Apply for a temporary residence card for the foreign employee in accordance with the validity period of the work permit;
• Submit a report on the employment of foreign workers for the first half of the year and annually before July 5 and January 5 of the following year.

Difficulties in Self-Applying for a Work Permit in Ho Chi Minh City

The regulations on obtaining work permits for foreigners working in Vietnam are frequently updated, and the required documents vary depending on each individual, job position, and type of employment. This requires applicants to be well-informed and consistently updated on the regulations for applying for work permits for foreigners in Ho Chi Minh City.

Certain documents require additional procedures, such as obtaining a judicial record, the approval letter for foreign labor needs, and consular legalization, which can be time-consuming and challenging to prepare independently.

Therefore, to save time and receive specialized guidance and support on the dossier, procedures, and to avoid legal risks during the process, clients may consider Siglaw as a reliable partner to address all their concerns.

With many years of experience in the field of work permits for foreigners in Ho Chi Minh City and a proven track record of successful applications for clients, we believe that Siglaw’s services will satisfy clients and maximize time and cost savings.

For comprehensive consultation, please contact: Siglaw Firm.

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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