Documents and Procedures for Obtaining a Work Permit for Managers

Documents and Procedures for Obtaining a Work Permit for Managers

 

Work Permit for Foreign Managers is one of the mandatory documents required when a foreign worker wishes to work in Vietnam in an executive management position. So, what are the documents and procedures for applying for a work permit in a managerial position? Please find the detailed information in the article below:

 

Position of a manager under Current Vietnamese Law

According to Clause 4, Article 3 of Decree 152/2020/ND-CP issued by the Government in 2020:

“A manager is a person who manages an enterprise as defined in Clause 24, Article 4 of the Law on Enterprises or is the head or deputy head of an agency or organization.”

The concept of Manager is explained in Clause 24, Article 4 of the 2020 Law on Enterprises:

“An enterprise manager is a person managing a private enterprise or a company, including the owner of a private enterprise, general partners, the Chairman of the Members’ Council, members of the Members’ Council, the Chairman of the company, the Chairman of the Board of Directors, members of the Board of Directors, the Director or General Director, and other individuals holding managerial positions as stipulated in the company’s charter.”

Thus, when a foreigner wishes to apply for a work permit as a manager in Vietnam, it includes company positions such as: Chairman of the Company; Chairman or members of the Members’ Council; Chairman or members of the Board of Directors; General Partners.

An enterprise manager may also hold other positions specified in the company’s charter, such as: Director, General Director, or Head of a Representative Office.

Documents Proving the Foreign Worker as a Manager
When applying for a work permit for a foreigner in a managerial position, the enterprise must provide the following documents:

– Business Enterprise Registration Certificate: Applicable when the manager also serves as the legal representative of the enterprise.

– Company Charter and Appointment Decision: Applicable when the manager holds managerial positions within the company as stipulated in the company’s charter.

Documents for Applying for a Work Permit for Foreign Managers
The Documents for requesting a work permit for a foreign manager includes the following:

1. A document approving the need to employ foreign workers in a managerial position.
2. A written request from the company/enterprise for issuing a work permit for the foreign manager.
3. A health check-up certificate issued by a competent medical authority in Vietnam or abroad, valid within 12 months; or a certificate of good health issued by the Ministry of Health.
4. A criminal record.
5. Documents proving managerial or executive status according to Vietnamese regulations.
6. Two color photos (4 cm x 6 cm, white background, straight face, bare-headed, no colored glasses), taken within 6 months prior to the application date.
7. A notarized copy of a valid passport by the embassy or consulate in Vietnam.

Documents for Applying for a Work Permit in Special Cases

The documents for requesting a work permit in certain special cases is specified in Clause 9, Article 9 of Decree 152/2020/ND-CP as follows:

1. a) For foreign workers who have a valid work permit and wish to work for a different employer in the same job position and title as stated in the existing work permit, the documents for a new work permit includes a confirmation letter from the previous employer certifying the worker’s current employment, the documents specified in Clauses 1, 5, 6, 7, and 8 of this Article, and a certified copy of the previously issued work permit.
2. b) For foreign workers who have a valid work permit but change their job position, title, or form of work as stated in the work permit according to legal regulations, without changing employers, the documents for a new work permit includes the documents specified in Clauses 1, 4, 5, 6, 7, and 8 of this Article, as well as the original work permit or a certified copy of the previously issued work permit.

Procedures for Obtaining a Work Permit for Foreign Managers

Step 1: Request a document approving the need to employ foreign workers in a managerial position.

Foreign workers exempt from work permits

According to the provisions of Article 7 of Decree 152/2020/ND-CP, there are 11 cases where foreign workers are not required to obtain a work permit, including:

1. Owners or capital contributors of a limited liability company with a capital contribution of 3 billion VND or more. Chairpersons or members of the Board of Directors of a joint-stock company with a capital contribution of 3 billion VND or more.
2. Intra-company transferees within 11 service sectors specified in Vietnam’s service commitment schedule with the World Trade Organization, including: business, information, construction, distribution, education, environment, finance, healthcare, tourism, entertainment, and transportation.
3. Entering Vietnam to provide consulting services on expertise and technology or to perform other tasks related to research, construction, evaluation, monitoring, management, and implementation of programs and projects using official development assistance (ODA) resources according to regulations or agreements in international treaties on ODA signed between the competent authorities of Vietnam and foreign entities.
4. Being assigned by a foreign competent authority to teach and conduct research at an international school under the management of foreign diplomatic missions or the United Nations; or at establishments and organizations established under agreements that Vietnam has signed and participated in.
5. Volunteers as specified in Clause 2, Article 3 of Decree 152/2020/ND-CP.
6. Foreign workers entering Vietnam to work as managers, executives, experts, or technical workers for a period of less than 30 days and no more than 03 times in a year.
7. Entering Vietnam to implement international agreements signed by central or provincial authorities according to legal regulations.
8. Students studying at educational institutions abroad who have internship agreements with agencies, organizations, or enterprises in Vietnam; trainees or interns on Vietnamese vessels.
9. Family members of representatives of foreign diplomatic missions in Vietnam as specified in Point l, Clause 1, Article 2 of this Decree.
10. Holders of official passports working for state agencies, political organizations, or socio-political organizations, and being granted permission by the Ministry of Foreign Affairs to operate in information and media in Vietnam according to legal regulations.
11. Individuals responsible for establishing a commercial presence.

Step 2: Submit the application for a work permit for the foreign manager to the competent authority

At least 15 working days before the foreign manager is expected to start working for the employer, the employer must submit the application for a work permit for the manager.

Competent authority: Department of Labor, War Invalids and Social Affairs or the Management Board of industrial parks and export processing zones where the employer is headquartered.

Estimated processing time: 7-10 business days.

Validity period of  work permits  for Managers in Vietnam

According to Article 10 of Decree 152/2020/ND-CP, the validity of work permits for managers is granted based on the duration of one of the following cases, but not exceeding 2 years:

1. The duration of the employment contract to be signed.
2. The duration for which the foreign entity sends the foreign worker to hold the managerial position in Vietnam.
3. The duration specified in the contract or agreement signed between the Vietnamese and foreign partners.
4. The duration specified in the service agreement signed between the Vietnamese and foreign partners.
5. The duration mentioned in the document from the service provider sending the foreign worker to Vietnam for the managerial position.
6. The duration defined in the operational license of the agency, organization, or enterprise.
7. The duration specified in the document from the service provider sending the foreign worker to Vietnam to establish the service provider’s commercial presence.
8. The duration mentioned in the document confirms that the foreign worker will participate in the activities of a foreign enterprise that has established a commercial presence in Vietnam.
9. The duration specified in the approval document for employing foreign workers, unless exempt from reporting the need to employ foreign workers as stipulated in point b, clause 1, Article 4 of this Decree.

Work permits that have expired may be subject to renewal.

The process of applying for a work permit for a foreign manager can be complex and time-consuming. It is not advisable to personally apply for a work permit for a manager for the following reasons:

1. Lack of understanding of the process and requirements required to obtain a work permit for a managerial position in accordance with legal regulations.
2. There are numerous complex legal procedures and requirements associated with work permits for managers. A lack of clarity regarding legal regulations can lead to many mistakes during the application process, resulting in longer waiting times, denial of the application, or having to start over.
3. There is a risk of being scammed or falling into a situation of legal violation. Without adequate experience and knowledge of the relevant legal procedures, you may become a target for fraudulent activities or be prosecuted for legal violations.

Therefore, it is advisable to hire a reputable partner or consult an experienced lawyer to assist and advise you in the process of applying for a work permit for foreign managers smoothly and efficiently.

Benefits of Siglaw when using consulting services for work permits for foreign managers

Understanding these challenges, Siglaw Firm is currently offering professional work permit services for managers to assist clients in promptly obtaining work permits for foreign nationals in managerial positions, with the following benefits:

• Free legal consultation on labor, insurance, and personal income tax related to foreign workers for one year after using the service.
• Free consultation and guidance on reporting obligations related to foreign workers.

“The satisfaction of our clients is the measure of success for Siglaw. For us, every client is a brand ambassador!”

Therefore, Siglaw meticulously cares for each client with the utmost attention. When using Siglaw’s consulting services for work permits and temporary residence cards, clients will receive the most dedicated support as follows:

• Legal consulting and advisory services regarding temporary residence cards and work permits for managers

• Consulting on legal advantages in specific cases.

• Advising on labor and temporary residence regulations for foreign workers.

• Providing guidance on reporting obligations regarding the employment of foreign workers.

• Legal consulting on taxes and social insurance for foreign employees.

We also commit to the following when providing our services:

Commitment to reasonable and cost-effective pricing: We guarantee the most competitive rates on the market.

Commitment to the fastest possible completion time.

• No additional costs: We ensure no hidden or extra fees during service execution.
• Free consulting on business advantages: We analyze the strengths of your business under current legal regulations.
• 24/7 free legal consultation: Round-the-clock legal support for your business.
• Legal risk management: Ensuring proper legal risk control for your business.
• Dedicated and attentive customer support: We provide enthusiastic, thorough assistance to build trust and peace of mind when using our services.

With extensive experience in consulting on work permits and temporary residence cards for foreigners in Vietnam, and a proven track record of successfully serving over 5,000 clients, Siglaw is confident that our work permit services for managers will exceed your expectations, offering optimal time and cost efficiency.

 

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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