Definition and purpose of a work permit: All You Need To Know

Definition and purpose of a work permit

Everyone understands that a work permit is crucial for foreign workers when working in another country. So what exactly is the definition and purpose of a work permit? Let’s look at the precise definition below.

Definition of a work permit

A work permit is a legal document allowing foreign nationals to work legally in Vietnam.

Work permits are issued by competent state authorities in Vietnam, who assess basic conditions according to Vietnamese law for each case of foreigners needing to work in Vietnam, as stipulated by the Labor Code and implementing documents.

According to Article 11 of Decree 152/2020/ND-CP, legal work permits must be issued by two State labor management agencies in Vietnam, including:

• The Employment Department under the Ministry of Labor, War Invalids and Social Affairs
• The Department of Labor, War Invalids and Social Affairs where the foreign worker intends to work.

The work permit clearly states the foreign worker’s information, including: Full name, passport number, date of birth, nationality, name and address of the organization where they work, position, working duration, etc.

Purpose of using a work permit

Foreign workers who want to work legally in Vietnam must request their employer to contact the competent authority to apply for a legal work permit for that worker.

The prerequisite for protecting the rights of foreign workers in Vietnam is to have a work permit. A work permit is necessary for foreigners when:

• Completing exit procedures from Vietnam
• Completing entry procedures into Vietnam

Without a work permit, foreign workers in Vietnam will be deported from Vietnam, and illegal employers will be penalized according to Vietnamese law.

Cases requiring work permit application

According to Article 151 of the 2019 Labor Code, foreign workers who want to work legally in Vietnam must have a work permit.

Therefore, except for some exempted cases, foreign workers in Vietnam under one of the following forms must apply for a work permit, including:

• Workers performing under labor contracts.
• Those transferred internally within a company.
• Those implementing contracts or agreements on economics, trade, finance, banking, insurance, science and technology, culture, sports, education, etc.
• Contract-based service providers.
• Those offering services.
• Those working in foreign government organizations or international organizations in Vietnam that are permitted to operate.
• Volunteers for organizations.
• Persons responsible for establishing commercial presence.
• Leaders, experts, or technical workers.
• Foreigners participating in bidding packages or projects in Vietnam.
• Family members of foreign diplomatic mission members in Vietnam who are permitted to work according to international treaties to which Vietnam is a party.

What documents are needed for a work permit application?

According to Article 9 of Decree 152/2020/ND-CP and Decision No. 526/QD-LDTBXH in 2021, the application for a work permit for foreigners working in Vietnam includes:

• Application form for work permit issuance according to the provided template.
• Original or certified copy of health certificate suitable for the job (medical examination certificate valid for 12 months, HIV-free certificate, etc.).
• Original or certified copy of criminal record, or a document confirming that the worker is not serving a criminal sentence, has not had their criminal record expunged, or is not under criminal prosecution.
• Original or certified copy of documents proving professional qualifications and skills suitable for the job position (degrees, certificates, certifications, etc.).
• Original or certified copy of documents proving eligibility to work in Vietnam such as labor contract, appointment decision, invitation letter, approval document for the need to use foreign workers (except in cases where determining labor needs is not required).
• Certified copy of a valid passport.
• Original or certified copy of documents proving nationality (ID card, birth certificate, etc.)
• Two 4×6 cm photos, taken no more than 06 months before the date of application submission, with a clear face, white background, no hat, and no glasses.

Note: All legal documents issued by foreign agencies or businesses need to be legalized and translated into Vietnamese, certified by competent authorities, except for some special exempted cases.

Frequently asked questions about work permits in VietNam

How long is a work permit valid for foreigners?

According to Article 155 of the 2019 Labor Code, “The duration of a work permit is maximum 2 years, and in case of extension, it can only be extended once for a maximum of 2 years.”

Therefore, the maximum duration of a work permit for foreigners is 2 years.

Work permit issuance fee

According to Decision No. 526/QD-LDTBXH, work permit issuance is free when granted by the Ministry of Labor, War Invalids and Social Affairs.

For permits issued by the Department of Labor, War Invalids and Social Affairs, there is a fee. Specifically, the fee is not fixed (ranging from 400,000 VND to 1,000,000 VND).

What to do when a work permit is about to expire?

Work permits are valid for no more than 2 years. Therefore, when the work permit is about to expire, foreign workers need to prepare documents to apply for an extension of their work permit in Vietnam.

Article 16 of Decree 152/2020/ND-CP stipulates the conditions for extending a work permit as follows:

• First, the issued work permit must have at least 05 days but not more than 45 days remaining before expiration.
• Second, the enterprise where the worker is employed must have received approval from the competent authority for the need to use foreign workers.
• Third, the worker needs to prepare documents proving that the foreign worker continues to work for the employer according to the content of the work permit that has been issued.

Above, EIV has shared information about the definition and purpose of a work permit. We hope that through this article, EIV has helped you better understand the definition and purpose of a work permit for foreign workers in Vietnam, as well as Vietnamese legal regulations on work permit issuance conditions, so you can review and prepare your work permit application documents thoroughly and completely.