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WORK PERMIT FOR KOREANS
According to current legal regulations, Koreans who wish to work legally in Vietnam must have a Work Permit. In this article, Siglaw shares essential information for obtaining a Work Permit for Koreans.
Understanding Work Permits for Koreans in Vietnam
The Work Permit for Koreans (Korean Work Permit) is a type of permit issued by the competent authority of Vietnam to Koreans working in Vietnam. Therefore, Koreans must complete the procedure to obtain this permit unless exempt from the Work Permit requirements, in order to meet the conditions for working in Vietnam according to current legal regulations. Koreans working in Vietnam under Article 154 of the Labor Code 2019 and Article 7 of Decree 152/2020/ND-CP will be exempt from needing a Work Permit.
Why Koreans need to obtain a work permit when working in Vietnam
Having a Work Permit is a mandatory requirement for Koreans to enter the Vietnamese labor market because:
- The Work Permit is one of the essential documents required for Koreans to apply for a work visa or a temporary residence card upon entering and residing in Vietnam. Additionally, Koreans can sponsor their spouse and children to reside in Vietnam if they have a Work Permit.
- If Koreans work in Vietnam without a Work Permit (except in cases of exemption), they may face administrative fines of up to 25,000,000 VND or could be deported from Vietnam.
- Companies employing Koreans without a Work Permit may face administrative fines of up to 75,000,000 VND.
Conditions for obtaining a work permit for Koreans in Vietnam
The conditions for Koreans to be granted a Work Permit include:
- Being at least 18 years old and in good health as per regulations.
- Holding a valid Vietnamese visa during the Work Permit application period.
- Not being in any of the following situations: currently serving a prison sentence, not having had their criminal record cleared, or being under criminal prosecution according to South Korean or Vietnamese law.
- Having a company that sponsors the Korean to work in Vietnam.
- Having the required professional qualifications and skills.
Additionally, specific conditions may apply based on the position in Vietnam:
- Korean Managers: Individuals who are managers of the enterprise or heads/deputies of the heads. Managers are typically specified in the company’s charter.
- Korean Experts: (1) Holding a university degree or higher and having at least 3 years of experience, or (2) Having at least 5 years of experience and a professional certification relevant to the intended position in Vietnam.
- Korean Technical Workers: (1) Trained in a technical specialty or another field for at least 1 year and having at least 3 years of work experience in the trained specialty, or (2) Having at least 5 years of work experience in the intended position in Vietnam.
- Korean CEOs: Individuals who are the heads and directly manage branches, representative offices, or business locations, excluding subsidiaries.
Procedures for obtaining a work permit for Koreans
Step 1: Obtain a Criminal Record Certificate
The criminal record certificate must be issued no more than 180 days before the application submission date and must be one of the following:
- Korean Criminal Record: Issued by the Korean authorities and must be consularly legalized along with a notarized translation.
- Vietnamese Criminal Record: Issued by the Department of Justice of the province/city where the Korean resides.
Step 2: Health Examination
Koreans can undergo a health examination in Korea. In this case, the health certificate must be consularly legalized along with a notarized translation.
Koreans residing in Vietnam can have their health examination at medical facilities in Vietnam.
The health certificate is valid for 12 months from the date of issuance.
Step 3: Prepare the Work Permit Application Documents
In addition to the criminal record certificate and health certificate, Koreans working in Vietnam need to prepare the following documents:
- A request document for the Work Permit for Koreans.
- The health certificate.
- Documents, diplomas, or certificates of work experience abroad that have been consularly legalized.
- A criminal record certificate issued in Vietnam or Korea not older than 6 months confirming that the worker is not currently serving a prison sentence, has not had their criminal record cleared, or is under criminal prosecution.
- A 4×6 photo taken within the last 6 months.
- Passport or equivalent valid documents.
Step 4: Report on the Demand for Korean Labor
The company employing Korean workers in Vietnam must submit a report on the demand for Korean labor, including:
- An explanatory letter detailing the need for Korean labor.
- The legal documents of the company where the Korean will work.
The company submits the application to the Department of Labor, Invalids, and Social Affairs of the province/city where the company is headquartered at least 30 days before the planned employment of the Korean workers. After 10 working days from the date of submission of a complete and valid application, the Department of Labor, Invalids, and Social Affairs will issue a letter of approval for the demand for Korean labor.
Step 5: Apply for the Work Permit
After preparing all required documents as mentioned above, submit the application for the Work Permit for Koreans at the Department of Labor, Invalids, and Social Affairs where the Korean resides at least 15 days before the Korean worker is scheduled to start working in Vietnam. After 5 working days from the date of submission of a complete and valid application, the Department of Labor, Invalids, and Social Affairs will issue the Work Permit for the Korean.
Step 6: Post-Approval Actions After Receiving the Work Permit for Koreans
Once the Korean has received the Work Permit in Vietnam, the company must complete the following procedures:
- Sign the employment contract.
- Apply for a temporary residence card valid for the duration of the Work Permit for the Korean worker.
- Pay health insurance and social insurance for the Korean worker.
- The company must report on the situation of Korean labor usage in the first half of the year and annually by July 5 and January 5 of the following year.
Challenges in Self-Applying for Work Permits for Koreans
The regulations regarding Work Permits for Koreans working in Vietnam frequently change, and the documentation requirements vary by job position, necessitating in-depth legal knowledge and regular updates on the Work Permit application regulations for Koreans.
Some documents may require additional procedures, such as obtaining approval letters for the demand for Korean labor, criminal record certificates, and consular legalization. Preparing these independently can be time-consuming and labor-intensive, potentially incurring unnecessary costs.
Therefore, to save time and receive specialized advice and support on documentation and procedures while avoiding legal risks during the process, clients may turn to Siglaw as a reliable address to address all their concerns.
Work Permit Consulting Services for Koreans
Siglaw Law Firm’s promotional policy for Work Permit services for Koreans includes:
- Free legal consultation on labor, insurance, and residence related to Korean workers for one year after using the service.
- Free consultation and guidance on reporting obligations related to Korean workers.
Siglaw’s commitment when providing the service:
| ✅ Cost | ⭐ Reasonable, economical, with no additional expenses. |
| ✅ On Schedule | ⭐ 100% completion of Work Permit applications for Koreans in Vietnam. |
| ✅ Benefits | ⭐ Analysis of the strengths of the business in relation to current legal regulations. |
| ✅ Support | ⭐ 24/7 enthusiastic, dedicated, and attentive service, ensuring customer peace of mind when using our services. |
With many years of experience in the field of Work Permits for Koreans in Vietnam and successful assistance for clients over the years, we believe that Siglaw’s services will satisfy our customers and save them maximum time and costs.
Phone: (+84) 961 366 238
Email:
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
