Issue working permits to foreigners working in industrial zones

20/08/2018

The order of execution

 

- Step 1: Organizations and individuals prepare dossiers according to regulations and submit them to PAA.

* Time of receipt: During working hours from Monday to Friday (except holidays, holidays, New Year).

- Step 2: PAA transfers the dossiers to the Management Board of Industrial Parks

- Step 3. The Management Board of the industrial Parks checks the validity and legality of the contents of the dossier and sign the working permit. If the dossier is invalid or lawful, the Management Board shall notify in writing the reason for the dossier which is not satisfactory and send it back to PAA to inform the organization, individual. After finalizing the dossier, organizations and individuals shall re-execute the order from step 1.

- Step 4: The Management Board returns results to PAA.

- Step 5: Organizations and individuals pay fees and receive results at PAA.

Implementation method

 

- Via the internet: http://dvc.vieclamvietnam.gov.vn.

Follow the process of processing files on the software of the Ministry of Labor, Invalids and Social Affairs.

- Through the postal system.

- At PAA.

Address: No. 5, Nguyen Trai street, Lien Bao ward, Vinh Yen city, Vinh Phuc province.

Composition, number of records

 

 

I. Components of the application for a working permit in the ordinary case:

1. The employer's written request for working permit: According to the regulations of the Ministry of Labor, Invalids and Social Affairs.

2. A health certificate or health certificate issued by a competent foreign or Vietnamese health authority or organization within 12 months from the date of signing the health claim to submission date.

3. Judicial record card or written certification of foreign laborer who is not a criminal offender or examined for foreign criminal liability. In cases where foreign laborers already reside in Vietnam, only judicial records issued by Vietnam shall be required. The time of issuance shall not exceed 6 months from the date of issuance to the date of submission of the application file.

4. Documents proves the person as manager, executive director, specialist or technical worker.

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

6. A certified copy of passport or valid paper in lieu of a valid passport or valid international travel document as prescribed by law.

7. Documents related to foreign workers:

7.1. For foreign workers transferred in the enterprise: There must be a document of the foreign enterprise sent to work in Vietnam and a document evidencing the foreign worker recruited by the foreign Enterprise before working in Vietnam at least 12 months.

7.2. For foreign employees who perform contracts or agreements on economics, trade, finance, banking, insurance, science, technology, culture, sports, education and vocational training and medical: There must be a contract or an agreement signed between a Vietnamese partner and a foreign party, which must include an agreement on the foreign worker's employment in Vietnam.

7.3. For foreign laborers as service providers under contracts: There must be contracts for the provision of services signed between Vietnamese and foreign partners and documents proving that foreign laborer has worked for foreign Enterprise that does not have commercial presence in Vietnam for at least 2 years.

7.4. For foreign laborers offering services: There must be documents of service providers appointing foreign laborers to Vietnam to negotiate the provision of services.

7.5 For foreign employees who are responsible for setting up a commercial presence: There must be a document from the service provider appointing foreign workers to Vietnam to establish the commercial presence of the service provider.

7.6. 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: The foreign worker is allowed to participate in the operation of the foreign enterprise.

 

II. Components of the dossier in a number of special cases:

1. For foreign laborers who have been issued with valid work permits but working for other laborers in the same positions as those inscribed in the work permits according to the provisions of law, the dossiers of applying for a working permit shall comprise the papers specified at Points 1, 5, 6, 7, Part I and the working permit or a copy of the already granted working permit.

2. For foreign employees who have been granted working permits and are still valid but different from the positions stated in their work permits as prescribed by law, but have not changed the employers, The application for a working permit consists of the papers at Points 1,4,5,6 and 7, Part I, and the working permit or the certified copy of the working permit.

3. For foreign laborers who have been granted working permits but cease to be in force under the provisions of Article 174 of the Labor Code but wish to continue working in the same positions as those mentioned in the workgin permits according to the provisions of law, the dossiers of application for work permits shall include the papers prescribed at Points 1,2,3,5,6 and 7, Part I and the written certification of the working permit withdrawal.

4. In cases where foreign laborers in Section 1,2,3, Part II have been granted working permits according to the provisions of Decree No. 102/2013 / NĐ-CP dated on 5 September 2013 of the Government on implementing a number of articles of the Labor Code on foreign laborers working in Vietnam, there must be documents evidencing the satisfaction of the requirements specified in Clause 3 or Clause 4 or Clause 5, Article 3 of Decree 11. / 2016 / NĐ-CP on 03/02/2016 of the Government detailing the implementation of a number of articles of the Labor Code on foreign laborers working in Vietnam.

 

III. Consular legalization, authentication of papers:

1. Documents: medical certificate or health certificate; judicial records or documents certifying that foreign laborers are not offenders or examined for penal liability; Documents showing the manager, executive director, expert, technical laborer is 01 photocopy attached to the original for comparison or 01 certified copy.

2. If the above papers are foreign, they must be consularized. Except in case of exemption from consular legalization as prescribed.

3. The documents in Section 7 of Part I are 01 photocopy attached to the original for comparison or 01 certified copy. If they are foreigners, they shall be exempt from consular legalization but must be translated into Vietnamese and authenticated according to regulations.

Number of dossiers: 01 (one) set of originals; or sent via the electronic network shall be accompanied by the original set of comparisons when the results are obtained.

Implementation method

 

7 working days from the date of receipt of a complete and valid dossier, in which the duration of receiving at the provincial administrative procedure is 0.5 (half) days.

Agency of administrative procedure

The Management Board of Industrial Parks

Objects of administrative procedure

Foreign workers at enterprises in industrial zones.

Result of settling administrative procedure

Working permit

Fee, charge

600,000 Vietnam dong per permit

Form, form of declaration

There must be a separate dossier set by the Ministry of Labor, Invalids and Social Affairs.

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 prosecuted for criminal responsibility in accordance with the laws of Vietnam and foreign law.

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

- At least 7 working days from the date the foreign worker intends to begin working for the employer, the employer must submit the application for a working permit to the authority agency of granting working permits.

Legal basis of the administrative procedure

 

- Labor Code 2012.

- Decree No. 11/2016/NĐ-CP dated 03/02/2016 of the Government detailing a number of articles of the Labor Code on foreign laborers working in Vietnam.

- Circular No. 40/2016/TT-BLĐTBXH dated 25/10/2016 of the Ministry of Labor, Invalids and Social Affairs guiding the implementation of some articles of Decree No. 11/2016/NĐ-CP dated on 3 February 2016 .

- Circular No. 23/2017/TT-BLĐTBXH on 15/8/2017 of the Ministry of Labor, Invalids and Social Affairs guiding the issuance of work permits for foreigners working in Vietnam via the Internet.

- Resolution No. 56/2016/NQ-HĐND on 12/12/2016 of the People's Council of Vinh Phuc province stipulating the rates, the regime of collection, remittance, management and use of charges and fees under the deciding competence of the provincial People's Council.

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