Procedures for applying for a work permit in an industrial zone

Procedures for applying for a work permit in an industrial zone

With the increasing demand for recruiting foreign workers today, it is very necessary to better understand the provisions of Vietnamese law related to Work Permits, because this is a type of document showing that the competent authority allows foreign workers to work in Vietnam. In particular, when requesting a WP for foreign workers in industrial zones, there are some special points that businesses need to pay attention to. To better understand the procedures for applying for a work permit in an industrial zone, please refer to the article of Siglaw Law Firm below:

Procedures for applying for a work permit in an industrial zone

The biggest difference between the procedures for applying for a work permit in an industrial zone and outside an industrial zone is the competent authority that receives and processes the application. If applying for a work permit in an industrial zone, the employer must submit the application to the Management Board of the industrial zone or export processing zone.

However, not all localities have the authority to issue work permits in industrial zones, but rather the Department of Labor, War Invalids and Social Affairs at the provincial level. To be sure, before carrying out the procedures for applying for a work permit for foreigners, businesses need to grasp the procedures for applying for a work permit in the industrial zone in their locality.

Step 1: Explain the need to use experts

At least 30 days before the employee is expected to work in Vietnam, the enterprise must prepare a Report explaining the need to use foreign workers according to the form. If the need changes, the employer must submit a Report explaining the change in the need to use foreign workers. These reports are submitted to the Management Board of the industrial zone or export processing zone where the employee works; or submitted via the electronic job information portal: http://dvc.vieclamvietnam.gov.vn

Within 10 working days from the date of receiving the reports from the enterprise, the competent authority shall issue a document approving or disapproving the foreign expert to work in Vietnam

Step 2: Prepare the application for a work permit

After approval, the enterprise submits the application for a work permit. The dossier includes the following documents:

1. Documents, papers proving that the employee is a manager, executive director, expert, technical worker;
2. Document approving the need to use foreign workers, except for cases where it is not necessary to explain the need to use foreign workers.
3. Copy of passport (certified).
4. 02 4×6 white background ID photos taken within 06 months from the date of application submission.
5. Document requesting a work permit from the employer
6. Health certificate within 12 months.
7. Judicial record issued within 06 months before the date of application submission.
8. Documents related to foreign workers depending on each specific case

Note: Foreign documents must be consularized, then translated into Vietnamese and notarized.

Step 3: Submit application to the management board of industrial parks and export processing zones

At least 15 days before the date the expert is expected to work in Vietnam, the enterprise must submit an application for a work permit to the management board of the industrial zone or export processing zone where the foreign employee is expected to work.

Within 05 working days from the date of receipt of the complete application, the agency receiving the application shall issue a work permit. If not, it shall issue a written reply stating the reason. The validity of a work permit shall not exceed 02 years.

For experts working under a labor contract, after being granted a work permit, the enterprise and the expert must sign a written labor contract. Within 05 working days from the date of signing the labor contract, a copy of the signed contract must be sent to the agency issuing the work permit.

The above is information on work permits in industrial parks according to the latest legal regulations from the staff of Siglaw Law Firm. If you have any questions, please contact Siglaw for the fastest support.

Siglaw Law Firm

Phone: (+84) 961 366 238

Email:

• vphn@siglaw.com.vn
• vphcm@siglaw.com.vn

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