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Overview
As part of Vietnam’s commitment to streamline foreign employment and ensure legal work practices, significant updates to the work permit system will be implemented from January 1, 2024. These changes are guided by the Labor Code 45/2019/QH14, effective from January 1, 2021, alongside amendments from Decrees 152/2020/ND-CP and 70/2023/ND-CP, and Circular 23/2017/TT-BLDTBXH.
Recruitment Process
To enhance transparency and fairness in employment practices, announcements for positions intended for foreign workers must now be posted on the Electronic Information Portal of the Ministry of Labor, Invalids and Social Affairs or local Employment Service Centers. These postings should be made at least 15 days before the anticipated hiring date, followed by an explanatory report to the relevant authorities detailing the necessity for foreign labor.
Legal Framework
The legal basis for issuing work permits to foreign nationals is grounded in:
- Labor Code: Stipulates the basic criteria for foreign employees, including age, qualifications, health standards, and legal clearance.
- Decrees on Foreign Workers: Outline specific procedures and requirements for the employment of foreign nationals and the roles of Vietnamese employees within foreign-owned enterprises.
- Circular on Online Work Permit Issuance: Provides guidelines for the digital processing of work permits.
Application Process for Vietnam Work Permits
Employers seeking to hire foreign staff must follow these structured steps:
- Post Job Vacancy: Information about the job must be displayed on designated employment websites such as the Ho Chi Minh or Hanoi Employment Service Centers.
- Submit Employment Report: Employer must prepare and submit a detailed report on a need for foreign labor to the Ministry or Department of Labor, Invalids and Social Affairs or local Department of Labor, Invalids and Social Affairs at least 15 days before they start employing foreign workers. This report must clearly explain the reasons for hiring foreign workers and provide updates on the recruitment posting.
- Work Permit Application:
- Application Form: Includes a request for a work permit, health certification, and police clearance.
- Supporting Documents: Proof of qualifications and experience, recent photographs, a valid passport, and other relevant documents as required.
- Submission: The completed application should be submitted at least 15 days before the commencement of employment.
Issuance and Validity
Work permits will be processed and issued within five working days upon receipt of a complete application, with the term of the permit being subject to the specifics of the job but not exceeding two years. Should an application be denied, a detailed written explanation will be provided by the authorities.
These regulations ensure a controlled yet flexible system for employing foreign nationals in Vietnam, aligning with international standards and local workforce needs. For further details or to initiate the application process, businesses and foreign workers are advised to consult with legal experts specializing in Vietnam’s employment laws.
