What are the qualifications for obtaining a work permit in Vietnam?
If you’re an expat living in Vietnam and want to qualify for a work permit, you have to satisfy the following conditions:
- You’re capable of performing civil acts as prescribed by law;
- Your health is suitable for your job;
- You’re not a criminal or liable to criminal prosecution according to Vietnamese law and your home country’s law;
- Your past employment is approved in writing by a legitimate authority, proving you have three years experience in your chosen field of employment;
- Be a manager, executive officer, expert or technician. If you provide medical examinations, medical treatment or work in educational and vocational training, you must meet the particular conditions for these services as prescribed by Vietnamese law.
What are the definitions according to the latest Decree 11/2016/ND-CP (Dated 03 February 2016)?
- A “Foreign Expert” is defined as someone recognised as an expert by a foreign organization or with a Bachelor’s degree (or higher) and at least three (03) years of work experience in their field. The proof of this must be presented in writing by a foreign organization.
- A “Foreign Executive, Operation Director/Manager” is defined as a chief or deputy of an organization and Operation Director/Manager is a department head responsible for the department’s operation.
- A “Foreign Technician” is defined as someone who has had technical training or other specialised training for at least one (01) year, and at least three (03) years of work experience in their field.
What paperwork will you need to apply for a work permit in Vietnam?
- A written request for a work permit made by the employer in accordance with the regulations of the Ministry of Labour - Invalids and Social Affairs;
- A written certification that you’re not a criminal or liable to criminal prosecution according to Vietnamese law and the foreign country’s law, made within the previous six months from the day on which the application is submitted. A criminal record from your home country is required, even if you have not lived there for years. If you have lived in Vietnam for more than six months, you will need to apply for a local criminal record as well;
- A written certification that you are a manager, executive officer, expert or technician. Or, a written certification of your qualification, such as: written certification issued by a competent authority of the foreign country if you are an artist in the traditional sense of the word (painting, singing, acting etc); documents proving experience as a foreign football player; a pilot certificate issued by a competent authority to foreign pilots; a licence for airplane maintenance issued by a competent authority if you maintain airplanes;
- A written approval for the employment of foreign workers given by the Department of Labour - Invalids and Social Affairs;
- Three passport colour photos, 4x6cm, taken within the previous 12 months from the day on which the application is submitted;
- A copy of your passport or an equivalent paper, which is still valid;
- An assignment letter (for internal transferees) or labour contract (for local hires);
- Additional documents may be required depending on the form of employment/assignment.
In the event that foreign workers are issued medical certificates by foreign hospitals, such certificates are subject to translation into Vietnamese and consular authentication.
What documents will you need to apply for a criminal record certificate in Vietnam?
- A completed application form (form 03/2013/TT-LLTP – which you can get at the Department of Justice);
- A copy of your passport and a copy of your residential certificate in Vietnam (your landlord should have this). These documents must be legalised and the original copies must also be submitted for comparison;
- In case you ask for a third person to help you to apply for the criminal record certificate, he/she will need a completed application form 04/2013/TT-LLTP; your written proxy, certified by the People’s Committee of communes where you or your proxy are residing (if you are in Vietnam); or by competent authorities of the country where you are residing. The proxy must be legalised. If this third person is one of your parents, spouse or children, the proxy document is not required, but the relationship between you and this person must be proved. Lastly, you will need a copy of his/her passport.
Where and how can you apply for a criminal record certificate in Vietnam?
You take all the above-mentioned documents to the Department of Justice in Ho Chi Minh City at 141-143 Pasteur, D3 or 1B Tran Phu, Van Quan, Ha Dong in Hanoi. There, you can fill out the form 03/TT-LLTP if you haven’t already done so. Once you have completed this, get your ticket and wait with everyone else until you are called to Station No. 1. The clerk will take a look at your documents to see that they are in order. If they are, you will pay a processing fee of VND400,000.
It will then take from 10-15 working days to process the record and you will be contacted by text or email to pick up your record (if not, simply go back to the Department of Justice after 15 days).
When should you ask for a work permit in Vietnam?
Your employer must apply for a work permit at least 15 days before your potential employment.
What is the length of validity of a work permit in Vietnam?
A work permit is valid for a maximum of three years. Also, if you leave the job for any reason, the work permit will no longer be valid.
What governmental agents do you have to visit for a work permit in Vietnam?
- To apply for a criminal record in Ho Chi Minh City: