Apply for work permit in Quy Nhon

Apply for work permit in Quy Nhon

In order for foreign investors to work in Quy Nhon, Binh Dinh province, a work permit is required. So what are the conditions, documents, and procedures for applying for a work permit in Quy Nhon? Let’s explore the details with Siglaw in this article:

Legal basis for issuing work permits for foreigners in Quy Nhon, Binh Dinh province:

• Labor Code No. 45/2019/QH14, passed by the National Assembly of the Socialist Republic of Vietnam on November 20, 2019, effective from January 1, 2021.
• Decree No. 152/2020/ND-CP on foreign employees working in Vietnam and the recruitment and management of Vietnamese employees working for foreign organizations and individuals in Vietnam.
• Circular No. 23/2017/TT-BLDTBXH on guidance for implementing the issuance of work permits for foreign employees working in Vietnam through electronic networks, issued by the Minister of Labor, Invalids and Social Affairs.
• Decision No. 76/2021/QD-UBND issuing regulations on types of fees and charges in Binh Dinh province.

Conditions for Obtaining a Work Permit in Quy Nhon

Based on Article 151 of the Labor Code, to be granted a work permit in Quy Nhon, the following conditions must be met:

1. Be at least 18 years old and have full legal capacity;
2. Have professional qualifications, technical skills, work experience, and adequate health as prescribed by the Minister of Health;
3. Not be serving a sentence, have not had their criminal record expunged, or are not under criminal investigation as per the laws of a foreign country or the laws of Vietnam;
4. An acceptance of demand for foreign workers, except in cases where the need for foreign workers does not require verification.

Components of the Work Permit Application in Quy Nhon, Binh Dinh province:

Based on Article 9 of Decree No. 152/2020/ND-CP, the dossier includes:

1. Written request for issuance of a work permit according to Form No. 11/PLI, Appendix I, issued together with Decree No. 152/2020/ND-CP. (1 original copy)
2. Health check-up certificate or medical examination certificate issued by a competent foreign or Vietnamese medical authority, valid within 12 months from the date of health conclusion to the date of application submission, or a certificate of adequate health as prescribed by the Minister of Health. (1 original copy)
3. Judicial record or document confirming that the foreign employee is not serving a sentence, has not had a criminal record expunged, or is not under criminal investigation issued by a foreign or Vietnamese authority. The judicial record or confirmation document must be issued no more than 6 months prior to the application submission date. (1 original copy)
4. Documents proving the status as a manager, executive director, expert, or technical worker, and specific occupations as regulated as follows: Document proving status as a manager or executive director; Document proving status as an expert or technical worker, including diplomas, certificates, confirmation documents from foreign agencies, organizations, or enterprises regarding years of experience of the expert or technical worker; Document proving experience of a foreign football player or international transfer certificate (ITC) issued to the foreign football player, or document from the Vietnam Football Federation confirming temporary or official registration for players of clubs under the Vietnam Football Federation; Pilot license issued by a competent Vietnamese authority or by a foreign authority and recognized by a Vietnamese authority for foreign pilots, or a professional certificate permitting work on aircraft issued by the Ministry of Transport for flight attendants; Certificate of professional qualifications in aircraft maintenance issued by a competent Vietnamese authority or by a foreign authority and recognized by a Vietnamese authority for foreign workers in aircraft maintenance; Certificate of professional competence or certificate of recognition of professional competence issued by a competent Vietnamese authority for foreign seafarers; Certificate of high achievement in sports recognized by the Ministry of Culture, Sports and Tourism for sports coaches, or at least one of the following qualifications: AFC “B” Football Coach Certificate, AFC Goalkeeper Coach Level 1 Certificate, AFC Fitness Coach Level 1 Certificate, AFC Futsal Coach Level 1 Certificate, or any equivalent foreign coaching qualification recognized by the AFC; Diploma issued by a competent authority meeting qualification requirements in accordance with the Law on Education, Law on Higher Education, Law on Vocational Education, and the regulations on the organization and operation of foreign language and computer centers issued by the Minister of Education and Training. (1 original copy)
5. 02 color photos (4cm x 6cm size, white background, front view, bare head, no color glasses), taken within 6 months before the submission date of application.
6. An acceptance of demand for foreign workers, except in cases where the need for foreign workers does not require verification. (1 original copy)
7. A valid certified true copy of passport as per the law.(1 certified copy)
8. Documents relevant to the foreign worker: – For a foreign worker specified in point b clause 1 Article 2 hereof, he/she must obtain a document issued by the foreign company to send him/her to work at a commercial presence of that company in Vietnam’s territory and a document justifying that he/she has been recruited by the foreign company at least 12 consecutive months prior to the transfer date;- For a foreign worker specified in point c clause 1 Article 2 hereof, an agreement or arrangement concluded between Vietnamese and foreign partners is required, which specifies the arrangement about sending foreign workers to Vietnam;- For a foreign worker specified in point d clause 1 Article 2 hereof, a service contract concluded between Vietnamese and foreign partner is required and a document justifying that he/she has worked for the foreign company that has no commercial presence in Vietnam at least 2 years;- For a foreign worker specified in point dd clause 1 Article 2 hereof, he/she must obtain a document issued by the service provider to send him/her to Vietnam to negotiate the service provision; -For a foreign worker specified in point e clause 1 Article 2 hereof, he/she must obtain both a document which sends him/her to work for a foreign non-governmental organization or international organization in Vietnam, except for point a clause 1 Article 2 of this Decree, and the operation license of that foreign non-governmental organization or international organization in Vietnam as per the law;- For a foreign worker specified in point i clause 1 Article 2 hereof, he/she must obtain a document issued by the foreign enterprise, agency or organization to send him/her to work in Vietnam that is conformable with the expected job position.(1 original copy)
9. Dossier requesting a work permit for certain special cases:-For foreign workers who have been issued a valid work permit and wish to work for a different employer in the same job position and job title as stated in the work permit, the application for a new work permit must include: a confirmation document from the previous employer stating that the worker is currently employed, the documents specified in points 1, 5, 6, 7, and 8 mentioned above, and a certified copy of the previously issued work permit; – For foreign workers who have been issued a valid work permit and change their job position, job title, or type of work stated in the work permit as required by law but do not change their employer, the application for a new work permit must include the documents specified in points 1, 4, 5, 6, 7, and 8 mentioned above, and the work permit or a certified copy of the previously issued work permit. (1 original copy; 1 certified copy)
10. Consular legalization and certification of documents: Any document mentioned in clauses 2, 3, 4, 6 and 8 hereof is 1 original or certified true copy; for documents of foreign countries, unless they are exempt from consular legalization under an international treaty to which the Socialist Republic of Vietnam and the concerned foreign country are signatories or under the principle of reciprocity or as per the law, they must be consularly legalized, translated into Vietnamese and certified.(1 original copy; 1 certified copy)

Number of dossiers: 1 set.

Procedure for applying for a work permit in Quy Nhon:

• Step 1: At least 15 working days before the foreign worker is scheduled to start working for the employer, the applicant must submit the work permit application to the Binh Dinh Provincial Public Administration Service Center (127 Hai Ba Trung, Quy Nhon, Binh Dinh) where the foreign worker is expected to work.
• Step 2: Within 5 working days from the date of receiving a complete work permit application in Quy Nhon, the Department of Labor, Invalids, and Social Affairs, or the Management Board of the Economic Zone of Binh Dinh Province, will issue the work permit for the foreign worker in Quy Nhon according to the form issued by the Ministry of Labor, Invalids, and Social Affairs (the content of the work permit in Quy Nhon follows Form No. 12/PLI, Appendix I, issued together with Decree No. 152/2020/ND-CP).

In case the work permit is not issued, the specialized agency in Quy Nhon will provide a response letter, clearly stating the reasons.

For foreign workers working under a labor contract, after being granted a work permit in Quy Nhon, the employer and the foreign worker must sign a written labor contract in accordance with Vietnamese labor law before the scheduled start date of work for the employer. The employer must send the signed labor contract as required to:

1. Department of Labor, Invalids and Social Affairs of Binh Dinh Province

• Address: 210 Dien Hong, Quy Nhon City, Binh Dinh
• Tel: +84.0256.3824629
• Email: vp@sldtbxh.binhdinh.gov.vn

1. Management Board of the Economic Zone of Binh Dinh Province

• Website: https://kkt.binhdinh.gov.vn
• Address: Vo Nguyen Giap Street, Nhon Hoi Economic Zone Control Center, Quy Nhon City, Binh Dinh Province
• Phone: +84.0256.3646257 – Fax: +84.0256.3846616
• Email: kktbinhdinh@binhdinh.gov.vn

Note: The labor contract must be the original or a certified copy.

Time limit: 5 working days from the date of receipt of a valid application.

Fee: 400,000 VND/work permit. (Article 18 of Decision No. 76/2021/QD-UBND issuing regulations on types of fees and charges in Binh Dinh province.)

To receive comprehensive and free consultation on procedures for applying for work permits for foreigners in Binh Dinh Province, 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.

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