PROCEDURE FOR OBTAINING A WORK PERMIT FOR FRENCH NATIONALS IN 2024

PROCEDURE FOR OBTAINING A WORK PERMIT FOR FRENCH NATIONALS IN 2024

French nationals wishing to come to Vietnam for business must meet the requirements for a work permit to work in Vietnam. To assist French clients in obtaining a work permit, let’s explore the conditions, required documents, and procedures for applying for a work permit for French nationals with Siglaw Firm.

Legal Basis for Issuing Work Permits to French Nationals

Decree No. 152/2020/ND-CP regulates the employment of foreign workers in Vietnam, as well as the recruitment and management of Vietnamese workers employed by foreign organizations and individuals in Vietnam.

Conditions for Obtaining a Work Permit for French Nationals

  • The French national must be at least 18 years old and have full civil legal capacity.
  • The French national must meet the health requirements for working in Vietnam.
  • The individual must possess the necessary qualifications, certificates, and work experience relevant to the job position.
  • The individual must not have a criminal record or be under criminal investigation.
  • There must be a written approval for the employment of foreign workers.

Required Documents for Applying for a Work Permit for French Nationals

  1. A written request from the employer for a work permit for the French national.
  2. A document confirming the need for a French national to work in Vietnam.
  3. A certified copy of the French passport, valid according to Vietnamese regulations.
  4. A health certificate, valid for 12 months, issued by a French, foreign, or Vietnamese health authority.
  5. A criminal record certificate.
  6. Documents proving the French national is a manager, CEO, expert, technical worker, or holds a position as stipulated by law.
  7. Two color photos (4 cm x 6 cm), taken within the last 6 months at the time of submitting the application.

Note: Foreign documents must be consularly legalized, translated into Vietnamese, and authenticated to be recognized as valid in Vietnam.

Work Permit Procedure for French Nationals

Step 1: Submit Documents

Organizations or individuals must submit the work permit application to the Ministry of Labor, Invalids, and Social Affairs, or the Department of Labor, Invalids, and Social Affairs at least 15 days before the French national is scheduled to begin working in Vietnam.

Step 2: Processing & Issuance of Work Permit

The competent authority will issue the work permit within 5 days from the date the application is complete and valid. If the authority refuses to issue the permit, they must provide a written explanation with reasons.

Work permit duration: The work permit is valid for up to 2 years.

Work Permit Fees for French Nationals

The work permit fee ranges from VND 400,000 to VND 1,000,000, depending on the province where the French national will be working in Vietnam.

After the work permit is issued for the French national, the employer should pay attention to the following issues:

  • If the French national is coming to Vietnam to work under a contract, after the work permit is granted in Vietnam, the organization or individual and the employee must sign an employment contract before the French national’s planned arrival date in Vietnam. The employer must submit the signed employment contract to the relevant authority that issued the work permit. The employment contract can be the original or a certified copy.
  • Regarding health insurance and social insurance: The French national, upon receiving the work permit in Vietnam, must participate in health and social insurance. The employer is obligated to register and contribute the required amounts as stipulated by law to ensure the foreign employee’s benefits.
  • The employer must report the status of foreign workers every 6 months to the Department of Labor, Invalids, and Social Affairs.

Note: If the employer and the foreign employee do not have a work permit, they will be subject to administrative penalties. The fine for foreign employees without a work permit ranges from VND 15,000,000 to VND 25,000,000. As for the employer, hiring a foreign worker without a work permit in Vietnam will result in a fine ranging from VND 30,000,000 to VND 75,000,000, depending on the number of unpermitted foreign workers employed.

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

Facebook: https://www.facebook.com/hangluatSiglaw

 

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…