Procedure: Issuance of Work Permit for foreign laborers working in Vinh Phuc

09/01/2015

Order

 

Step 1: The organization prepares all the documents as stipulated by the law.

Step 2: The organization submits the documents at the Labor – Employment – Social Insurance Division under management of Vinh Phuc Provincial Department of Labor, War Invalids and Social Affairs (No. 4 Hai Ba Trung Street, Vinh Yen City, Vinh Phuc Province).

- Working time: all working days in a week (excluding holidays and day-off).

Step 3: Civil servants receive and check the documents     

Step 4: Civil servants move the documents to the related persons and return the results as mentioned in confirmation for result return.

Step 5: The organization receives the result at Labor – Employment – Social Insurance Division under management of Vinh Phuc Provincial Department of Labor, War Invalids and Social Affairs.

Method

 

Directly at Vinh Phuc Provincial Department of Labor, War Invalids and Social Affairs

Elements, number of documents

 

a) Elements of the documents, including:

a1. For the case that the foreign person is issued Work Permit for the first time:

1.The Employer’s/Vietnamese partner’s/ foreign NGO representative’s the written Proposal for issuance of Work Permit (Form).

2. The identification of the foreign person and other related documents:

+ The case 1: The foreign person is recruited in form of the labor contract:

a) Criminal Records issued by the related agencies of the country in which the foreign person resides before he/she come to Vietnam (The case that the foreign person has resided in Vietnam for at least 06 months, it is required the Criminal Records which is issued by the provincial/city Department of Justice of Vietnam, at which the foreign person is residing).

b) Health Certificate is issued abroad or Health Certificate is issued in Vietnam as stipulated by Vietnamese Ministry of Health;

c) Copies of Certificate for Professional Qualification, High Skills of the foreign person including Graduate Degree, Master’s Degree, Doctorate Degree in convenience with the professional job as required by the employer. (For several jobs, careers, certification for professional qualification, high skills of the foreign persons can be changed by the following papers: Artisan Accreditation for the handicraft career issued by the foreign relevant agencies for the foreign person as a crafter of the traditional careers; Confirmations or Work Permit or labor contracts determining that he/she has at least 05 years of experience in occupation, production control, management and suitable with the job position, which the foreign person will undertake; Confirmation for at least 05 years of experience as mentioned above attested by enterprises, agencies, organizations, fort which the foreign person worked; for football-player, it is required to have a list of football clubs, at which the football-player joined to compete, and a certificate for the latest competition for the football-player made by the football club; Airline Transport Pilot Licence issued by the relevant agencies of Vietnam for the foreign pilot; Airplane Maintenance Licence issued by the relevant agencies of Vietnam for the foreign pilot; the other cases as stipulated by Prime Minister).

d)  03 photos of 3x4 (not wearing anything on the head, taking photography in front, clearly seeing face, two ears, not wearing glasses, background of the photo is white), the taken photos are not over 6 (six) months as from the date when he/she submitted his/her documents.

e)  The proofs are used to demonstrate that employer informs request for recruitment of Vietnamese laborers in the job positions expected to recruit the foreign laborers as stipulated at the point a, clause 4, the article 4 of the Decree No. 46/2011/NĐ-CP.

+ The case 2: The foreign person changes his/her job position in the same enterprise:

a) The documents as specified at the points a, b, c, d of the case 1.

b) The written appointment of the foreign enterprise for the foreign laborers to come to work in its commercial presence in territory of Vietnam.

+ The case 3:  The foreign person works in Vietnam for performance of types of economic, commercial, financial, banking, insurance, technical science, sports and culture, education, medical contracts and the contractual service provider.

a)  The documents as specified at the points a, b, c, d of the case 1.

b) The contract is made by Vietnam partner and the foreign partner.

+ The case 4: The foreign person is the representative of the foreign NGO, which is permitted to operate as stipulated by the Vietnamese Law.

a)  The documents as specified at the points a, b, c, d of the case 1.

b) Permit for operation for the foreign NGO as stipulated by the Vietnamese law

+ The case 5: the foreign person comes to Vietnam to implement bidding packages or projects of the accepted foreign contractors in Vietnam.

a)  The documents as specified at the points a, b, c, d of the case 1.

b) The written acceptance made by the provincial people’s committee allows the foreign contractors to recruit the foreign persons in the job positions, which are not allowed to recruit the Vietnamese laborers (Form).

c) The foreign person, who is recruited by the contractor after acceptance of the contract, is required to add Application Form (Form).

a2. The foreign persons are issued Work Permit :

1. The Employer’s/Vietnamese partner’s/ foreign NGO representative’s the written Proposal for issuance of Work Permit (Form).

2. The identification of the foreign person and other related documents:

+ The case 1: The foreign persons are issued Work Permit (which is currently valid), and want to work for another enterprise at the same job position as mentioned in the Work Permit.

a) 03 photos of 3x4 (not wearing anything on the head, taking photography in front, clearly seeing face, two ears, not wearing glasses, background of the photo is white), the taken photos are not over 6 (six) months as from the date when the foreign person submitted his/her documents.

b) The issued Work Permit and copies of the issued Work Permit.

+ The case 2: The foreign persons are issued Work Permit, which is currently valid, and want to change another job compared with the job position as mentioned in Work Permit.

a) The documents as mentioned at the points b, c, d of the case 1, part 2, item a1 above.

b) The issued Work Permit and copies of the issued Work Permit.

+ The case 3: The foreign persons are issued Work Permit, which is currently invalid or ineffective, and want to work for another enterprise at the same job position as mentioned in Work Permit.

a) The documents as mentioned at the points b, c of the case 1, part 2, item a1 above

b) The issued Work Permit and copies of the issued Work Permit.

Note: The documents as mentioned at the points a, b, c, d of the case 1, part 2, item a1 above are in the foreign language, it is required to translate into Vietnamese, certify or confirm. Consular legalization of the foreign persons must be implemented in accordance with the regulations of the Vietnamese Law.

b) Number of the document:  03 (sets)

Duration

Within 10 working days as from the day when all legal documents are submitted.

Bodies perform administrative procedures

a) The agency is entitled to decide: Department of Labor, War Invalids and Social Affairs.

b) The agency directly performs administrative procedures: Department of Labor, War Invalids and Social Affairs.

Subjects perform administrative procedures

 

Organization

Result of performance of administrative procedures

Work Permit

Fees, charges (if any)

- Charge for issuance of Work Permit for the foreign person: VND400.000/ Permit

(Decision No. 54/2005/QĐ-BTC enforced in August 4th, 2005 by Ministry of Finance on fee and charge rate for issuance of Work Permit for the foreign persons working in Vietnam)

Name of form, statement

- The employer’s the written proposal for insurance of Work Permit

- Application Form of the foreign person

Implementation Conditions

1. At least 18 years old;

2. Health is suitable with the requests of the job;

3. Being manager, managing director or expert;

The foreign persons, who is proposed to practice as a doctor, the private pharmacist, directly exam and treat in Vietnam or work in the fields of education, vocational training, must meet all conditions as stipulated by the Vietnamese law on medical practice, private pharmacist or education, vocational training.

4. Having no previous conviction of the national security violation; not belonging to the subjects who are investigated the criminal responsibility, implement the criminal punishment as stipulated by the Vietnamese law and the foreign law.

5. The employers or the Vietnamese partners, the representatives of foreign NGOs, who are allowed to operate in accordance with the regulations of the Vietnamese law, must present a proposal for insurance of work permit to Department of Labor, War Invalids and Social Affairs before at least 20 days as from the date when the foreign person is expected to begin the job at the enterprises, agencies and organizations in Vinh Phuc.

(According to Decree No. 34/2008/NĐ-CP dated 25th March 2008 by the Government stipulating recruitment and management of foreign persons working in Vietnam).

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