Issue working permits to foreign employees working in Vinh Phuc

20/08/2018

The order of execution

 

Step 1. Individuals prepare full dossiers as prescribed by law and submit dossiers at the provincial Public Administration Agency at No. 5, Nguyen Trai street, Lien Bao ward, Vinh Phuc city, Vinh Phuc province (or online via electronic software).

- Submit directly to the provincial public administrative center: At least 15 working days before the date the foreign worker intends to start working for the employer, the employer must submit the dossier Apply for a work permit application to PAA of Vinh Phuc province.

- Online submitting: At least 07 working days from the date the foreign worker intends to start working for the employer, the employer must declare the information in the form and apply for a working permit through the electronic portal.

 

Step 2.

* Organization summit at PAA: Civil servants at PAA receive and check the file: If the application is complete and valid, write an appointment letter for the payer; If the dossiers are incomplete or invalid, guide them to complete as regulated.

* Online submission via online portal: Civil servants at PAA to electronic software (address: http://dvc.vieclamvietnam.gov.vn) to receive and check the records. At the same time, the information of the applicant submitting the dossier via the Internet shall be included in the software of PAA:

+ If the dossier is complete and valid, transfer the appointment letter on the software to the payer (included in the software).

+ If the dossier is not enough or invalid, return the dossier (with steps included in the software).

Step 3. PAA shall hand over the dossier or electronically (with the online dossier) to the Department of Labor, Invalids and Social Affairs for appraisal.

Step 4. Within 7 working days (or 5 days for online submission) from the date receiving the complete application file, the Department of Labor, Invalids and Social Affairs issues a working permitfor foreign laborer according to the form set by the Ministry of Labor, Invalids and Social Affairs. In case of refusal to grant work permits, they shall reply in writing and clearly state the reasons therefor;

For foreign workers who work in the form of a labor contract, after the foreign worker is granted a work permit, the employer and the foreign worker must sign a labor contract. The documents must comply with the provisions of the labor legislation of Vietnam before the expected working day for the employer.

Within 5 working days from the date of signing the labor contract, the employer must send a copy of the signed labor contract to the Labor, Invalids and Social Affairs Department which issued the labor permit.

Step 5. PAA shall return results to organizations and individuals.

* If directly apply at PAA:

Upon receipt of the results, the organization or individual must show out the appointment note for the results and pay the fee as prescribed.

* Apply online:

- Upon receiving the results, the organization shall have to show out all original dossiers for the public servant at PAA for inspection, comparison and archival according to regulations (the Labor, Invalids and Social Affairs Department preserves the original dossiers).

- The civil servant shall return the result of the dossier receipt and examination (in accordance with the dossiers submitted via the electronic network already qualified by the specialized agency), check the appointment letter, collect charges and fees, and return results.

Implementation method

Directly apply at PAA (or via the internet)

Composition, number of records, number of records

 

 

a / Composition of the dossier:

- The employer's written request for a labor permit (according to form No. 7 promulgated together with Circular No. 40/2016 / TT-BLDTBXH of October 25, 2016);

- Health certificate issued in foreign country or in Vietnam according to regulations of the Ministry of Health (If foreigners have to be consular legalization and notarization).

- A judicial record or a written certification that the foreign worker is not a criminal offender or has been prosecuted for criminal liability of a foreign country. In cases where a foreigner resides in Vietnam, only the judicial record issued by Vietnam shall be required. (The judicial record or written certification of foreign laborers who are not offenders or examined for penal liability shall be granted within 06 months from the date of issuance to the date of submission of the dossiers.)

- A document proving to be a manager, executive director, expert or technical worker.

  + For foreign laborers being managers, there must be documents proving that they are managers under Clause 18, Article 4 of the Enterprise Law or documents evidencing that the heads or deputy heads of the agencies, organization.

+ For foreign employees being executive directors, there must be documents proving that they are heads or directly managing units attached to agencies, organizations or enterprises.

+ For foreign laborers being experts, they must have one of the following papers: The written certification of the expert of the foreign-based agency, organization or enterprise, including the name of the agency or organization, the enterprise certification; information about specialists: full name, date of birth, nationality and profession of specialists suitable to the position of the foreign worker expected to work in Vietnam; Or: have a university or higher degree or equivalent and have at least 3 years of working experience in a profession that is well-suited to the position of the foreign worker intending to work in Vietnam; Special cases shall be considered and decided by the Prime Minister.

+ For foreign laborers being technical laborers, the following papers must be provided: Papers evidencing or written certifications by foreign agencies, organizations or enterprises that they have received specialized training technical or other specialties with a minimum period of one year relevant to the position of the foreign worker expected to work in Vietnam. Documents prove that the worker has at least 03 years of experience in the specialized field have been trained in accordance with the position of the foreign worker expected to work in Vietnam.

+ For some professions, jobs and documents proving the professional qualifications and technical qualifications of foreign workers, they shall be replaced by one of the following papers: issued by a competent authority of a foreign country; Documents prove the experience of foreign football players; A pilot license of air transport aircraft issued by a competent Vietnamese agency to foreign pilots; an aircraft maintenance permit issued by a competent Vietnamese agency for foreign employees doing maintenance work on aircraft.

- Notification of the Department of Labor, Invalids and Social Affairs on job placement approved by the Chairman of the People's Committee or the document issued by the provincial People's Committee decides that the contractor is allowed to recruit foreign workers. Job positions do not recruit Vietnamese workers.

- 02 color photos (size 4cmx6cm, white background, straight face, bare head, no colored glasses), photo not more than 6 months up to the date of application.

- A certified copy of passport or valid passport substitute paper or valid international travel document as prescribed by law.

- Documents related to foreign workers:

+ For foreigners transferred inside enterprises: They must send documents of foreign enterprises to work at the commercial presence of such foreign enterprises in the Vietnamese territory and documents proving the laborers have been recruited by foreign enterprises before working in Vietnam for at least 12 months.

+ For foreigners entering Vietnam to carry out types of contracts or agreements on economics, trade, finance, banking, insurance, science, technology, culture, sports, education and education. Occupational and medical: There must be a contract or agreement signed between the Vietnamese and foreign partners, in which there must be agreement on the foreign worker's employment in Vietnam.

+ For foreigners being service providers under contracts: There must be contracts for the provision of services signed between Vietnamese and foreign partners and documents prove that foreign laborers have worked for Foreign enterprises have no commercial presence in Vietnam for at least 2 years.

+ For foreigners entering Vietnam to offer services: documents of service suppliers appointing foreign workers to Vietnam to negotiate the provision of services.

+ For foreigners working for foreign non-governmental organizations, international organizations in Vietnam are allowed to operate in accordance with the provisions of Vietnamese law: certificates of foreign non-governmental organizations, international organizations are permitted to operate in accordance with Vietnamese law

+ For foreigners who are responsible for setting up commercial presence: the service provider's written documents appointing foreign workers to Vietnam to establish the commercial presence of the service provider.

For foreign employees who are managers, executives, specialists or technical workers who are involved in the operation of foreign enterprises which have established commercial presence in Vietnam, a copy showing the foreign worker's participation in the activity.

Period of settlement

 

- For dossiers submitted directly at PAA: 07 working days. In which:

+ PAA receives dossiers: 0.5 days.

+ The Department of Labor, Invalids and Social Affairs: 6.5 days.

  - For online application: 05 working days. In which:

+ PAA: 0.5 days.

+ The Department of Labor, Invalids and Social Affairs: 4.5 days.

Agency of administrative procedure

 

The Department of Labor, Invalids and Social Affairs

Objects of administrative procedure

 

Organizations, individuals

 

Result of settling administrative procedure

Working permit

 

Fee, charge

 

VND 600,000 / 1 new license (as defined in Resolution No. 56/2016 / NQ-HĐND dated on 22/12/2016 of the People's Council of Vinh Phuc province)

Form, form of declaration

A written request for a labor permit according to a set form, issued together with Circular No. 40/2016 / TT-BLĐTBXH of October 25,

Requirements, conditions for carrying out procedures

 

- Having full civil act capacity as prescribed by law.

- Have good health in accordance with working requirements.

- Be a manager, executive director, expert or technical worker.

- Not being a criminal offender or being prosecuted for criminal liability in accordance with the laws of Vietnam and foreign law.

- Approved in writing by a competent state agency on the employment of foreign workers.

Legal basis of the administrative procedure

 

- Labor Code 2012;

- Decree No. 11/2016 / NĐ-CP dated on 3 February 2016 of the Government detailing the implementation of a number of articles of the Labor Code on foreign laborers working in Vietnam.

- Circular No. 40/2016 / TT-BLĐTBXH dated on 25/10/2016 of the Ministry of Labor, Invalids and Social Affairs guiding the implementation of Decree No. 11/2016 / NĐ-CP dated on 03/2/2016 of the Government. Details of the implementation of a number of articles of the Labor Code on foreign laborers working in Vietnam.

- Circular No. 23/2017 / TT-BLĐTBXH dated on 15/8/2017 of the Ministry of Labor, Invalids and Social Affairs guiding the issuance of work permits to foreign employees working in Vietnam via the internet. 

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