The New Labor Code and the Amended Law on the Immigration of Foreigners In Vietnam have been passed recently. This New Amended Law On Immigration is due to take effect on July 1st, 2020 while the New Labor Code will start on January 1st, 2021.
The law of Vietnam states that all foreigners who will be taking up jobs in the country and will be working for at least three months must have a work permit. Working in Vietnam without the necessary permit is considered illegal and the labor contract will be deemed invalid.
So here’s everything you need to know when it comes to applying for a work permit in Vietnam.
Foreigners who are planning to take up jobs in Vietnam should know the rules and regulations so as not to get into trouble with the law. The first step is to apply for the work permit. But one of the confusion when it comes to getting a work permit is on whether the employee or employer should be the one to apply for it.
A foreign employee in Vietnam is responsible for applying for his or her work permit. The employee should have the permit ready when processing immigration procedures. He or she might be asked to submit the permit by the competent state agencies.
According to the Vietnamese Law, any foreigner who is caught working in Vietnam without a valid work permit will be deported back to his or her home country. Aside from deportation, the foreigner will also be asked to pay hefty fines. On the other hand, any employer who will be caught hiring foreign citizens without the necessary work permit will be dealt with in accordance with the Vietnamese law.
Foreign workers and their employers can apply for the work permit by submitting their electronic documents online. They can also apply directly to Vietnam’s Ministry of Labor or at the office of the President of People’s Committee of the provinces where they are from.
After the employee receives his or her work permit, a copy of this contract should be sent to the Ministry within 5 business days after signing the contract. There are some important documents that must be submitted, depending on the type of employment that the employee will take up. These documents must be translated to the local Vietnamese language and must be notarized. So before you take up any type of job in Vietnam, make sure you have the proper documentation, such as the work permit.
In order for a foreign worker to be issued a work permit, he or she must meet the following requirements:
There are various instances where a foreigner does not need to apply for a work permit. Here are situations where a foreigner working in Vietnam will not have to apply for a work permit:
Generally, it will take about a month to apply for a work permit in Vietnam. But the process has been simplified in recent years. For as long as your employers will assist you along the way, you should be able to acquire your work permit without any issues. Hiring the services of a trustworthy agency in Vietnam can also make the process easier and more seamless.