Regarding this matter, LawNet would like to answer as follows:
A work permit is a type of legal document that allows workers of foreign nationality to work in Vietnam legally.
A valid work permit must be issued by đá bóng trực tiếp State Labor Management Agency in Vietnam including:
(1) Department of Employment under đá bóng trực tiếp Ministry of Labor, War Invalids and Social Affairs
(2) Department of Labor, War Invalids and Social Affairs where đá bóng trực tiếp foreign worker is expected to work
đá bóng trực tiếp work permit clearly states đá bóng trực tiếp foreign worker's information including: full name, passport number, date of birth, nationality, name of employer, address of place where đá bóng trực tiếp foreign worker is expected to work, starting date and completion date
đá bóng trực tiếp application for issuance of work permit in Vietnam includes:
(1) An application form for issuance of work permit No. 11/PLI Appendix I appended toDecree 152/2020/ND-CP, filed by đá bóng trực tiếp employer. In case a foreign worker works for one employer at more than one location, đá bóng trực tiếp application for work permit must fully list their working locations.
Form No. 11/PLI: Download
(2) A fitness to work certificate issued by a foreign or Vietnamese competent health facility issued within 12 months before đá bóng trực tiếp submission date of đá bóng trực tiếp application or đá bóng trực tiếp certificate as specified in regulations of đá bóng trực tiếp Minister of Health.
(3) A police (clearance) certificate or a document certifying that đá bóng trực tiếp foreign worker is not serving a sentence, has a criminal record expunged or is not facing a criminal prosecution which is issued by a foreign or Vietnamese authority; đá bóng trực tiếp foregoing police (clearance) certificate or document certifying that đá bóng trực tiếp foreign worker is not serving a sentence, has a criminal record expunged or is not facing a criminal prosecution must be issued within 6 months before đá bóng trực tiếp submission date of đá bóng trực tiếp application.
(4) Proofs as a manager, executive, expert, technical and certain jobs, works as follows:
- Proof as a manager, executive as prescribed in clauses 4, 5 Article 3 ofDecree 152/2020/ND-CPincluding 3 documents as follows:
+ đá bóng trực tiếp company's charter or operation regulations of agency, organization, or enterprise;
+ Certificate of enterprise registration or certificate of establishment or establishment decision or other document of equivalent legal validity;
+ Resolution or appointment decision of đá bóng trực tiếp agency, organization, or enterprise.
- Proof as an expert, technical worker as prescribed in clauses 3, 6 Article 3 ofDecree 152/2020/ND-CP, including 2 documents as follows: Diploma or certificate; Certification of foreign agency, organization, or enterprise in respect of number of years’ experience of đá bóng trực tiếp expert or technical worker, a work permit, or a certification of exemption from work permit; a document issued by đá bóng trực tiếp foreign company to send him/her to work at a commercial presence of that company in Vietnam’s territory and a document justifying that he/she has been recruited by đá bóng trực tiếp foreign company at least 12 consecutive months prior to đá bóng trực tiếp transfer date;
- Proof of experience of foreign football player or an international transfer certificate (ITC) issued to đá bóng trực tiếp foreign football player or a document of đá bóng trực tiếp Vietnam Football Federation which certifies temporary or official registration of a player of club affiliated to Vietnam Football Federation; an agreement or arrangement concluded between Vietnamese and foreign partners is required, which specifies đá bóng trực tiếp arrangement about sending foreign workers to Vietnam;
- A pilot license issued by a Vietnamese competent authority, or issued by a foreign competent authority and validated by đá bóng trực tiếp Vietnamese competent authority, in case of a foreign pilot; or a certificate of eligibility for working on aircraft issued by đá bóng trực tiếp Ministry of Transport, in case of a flight attendant; a service contract concluded between Vietnamese and foreign partner is required and a document justifying that he/she has worked for đá bóng trực tiếp foreign company that has no commercial presence in Vietnam at least 2 years;
- A certificate of competency in aviation maintenance issued by a Vietnamese competent authority, or issued by a foreign competent authority and validated by đá bóng trực tiếp Vietnamese competent authority, in case of a foreign worker who performs maintenance on aircraft; a document issued by đá bóng trực tiếp service provider to send him/her to Vietnam to negotiate đá bóng trực tiếp service provision;
- A certificate of competency or validation of certificate of competence issued by a Vietnamese competent authority to a foreign seafarer; a document which sends him/her to work for a foreign non-governmental organization or international organization in Vietnam, except for point a clause 1 Article 2 ofDecree 152/2020/ND-CP, and đá bóng trực tiếp operation license of that foreign non-governmental organization or international organization in Vietnam as per đá bóng trực tiếp law;
- A certificate of high achievement in sports which is certified by đá bóng trực tiếp Ministry of Culture, Sports and Tourism, in case of a sports coach or at least one of đá bóng trực tiếp following certificates: AFC (Asian Football Federation) football coaching level B certificate or AFC goalkeeping coaching level 1 certificate or AFC fitness coaching level 1 certificate or AFC futsal coaching level 1 certificate or any equivalent foreign certificate accredited by AFC; a document issued by đá bóng trực tiếp foreign enterprise, agency, or organization to send him/her to work in Vietnam that is conformable with đá bóng trực tiếp expected job position, or proof as a manager as prescribed in clause 4 Article 3 ofDecree 152/2020/ND-CP.
h) A diploma issued by đá bóng trực tiếp competent authority in accordance with qualifications or standard qualifications in đá bóng trực tiếp Law on Education, đá bóng trực tiếp Law on Higher Education, đá bóng trực tiếp Law on Vocational Education and Regulation on organization and operation of foreign language and computer training centers issued by đá bóng trực tiếp Minister of Education and Training;
(5) 02 color photos (4cm x 6cm size, white background, front view, bare head, no color glasses), taken within 6 months before đá bóng trực tiếp submission date of application.
(6) An acceptance of demand for foreign workers, unless it is not required.
(7) A valid certified true copy of passport as per đá bóng trực tiếp law.
Note:
- Application for issuance of work permit in special cases:
+ If a foreign worker who has been issued with a work permit which remains valid wishes to work for another employer at đá bóng trực tiếp same job position and job title in đá bóng trực tiếp work permit, an application for a new work permit shall include: a document issued by đá bóng trực tiếp former employer certifying that he/she has been working there, documents mentioned in clauses 1, 5, 6, 7 and 8 of Article 11 ofDecree 152/2020/ND-CPand a certified true copy of đá bóng trực tiếp current work permit;
+ If a foreign worker who has been issued with a work permit which remains valid wishes to work for đá bóng trực tiếp same employer but at another job position or job title or working form in đá bóng trực tiếp work permit, an application for a new work permit shall include đá bóng trực tiếp documents mentioned in clauses 1, 4, 5, 6, 7 and 8 Article 11 ofDecree 152/2020/ND-CPand đá bóng trực tiếp current work permit or a certified true copy of đá bóng trực tiếp current work permit.
+ Foreign experts or technical workers who have been granted a work permit and have been extended once may apply for a new work permit with đá bóng trực tiếp same job position and job title by submitting đá bóng trực tiếp following documents: documents specified in clauses 1, 2, 5, 6, 7, and 8 of Article 11 ofDecree 152/2020/ND-CPand a copy of đá bóng trực tiếp issued work permit.
- Consular legalization and certification of documents:
+ Any document mentioned in clauses 2, 3, 4, 6 and 8 Article 11 ofDecree 152/2020/ND-CPis 1 original or certified true copy; for documents of foreign countries, unless they are exempt from consular legalization under an international treaty to which đá bóng trực tiếp Socialist Republic of Vietnam and đá bóng trực tiếp concerned foreign country are signatories or under đá bóng trực tiếp principle of reciprocity or as per đá bóng trực tiếp law, they must be consularly legalized, translated into Vietnamese and certified.
đá bóng trực tiếp procedures for issuance of a work permit are as follows:
- At least 15 working days before đá bóng trực tiếp day on which a foreign worker starts to work, đá bóng trực tiếp applicant shall submit an application for work permit to đá bóng trực tiếp Ministry of Labor, War Invalids and Social Affairs or đá bóng trực tiếp Department of Labor, War Invalids and Social Affairs of đá bóng trực tiếp province where he/she is expected to work. đá bóng trực tiếp applicant is:
+ đá bóng trực tiếp employer, if đá bóng trực tiếp foreign worker moves to Vietnam for employment for đá bóng trực tiếp purposes specified in points a, b, e, g, I and k clause 1 Article 2 ofDecree 152/2020/ND-CP;
+ đá bóng trực tiếp Vietnamese agency, organization or enterprise, or foreign organization or enterprise operating in Vietnam for which đá bóng trực tiếp foreign worker is expected to work, if đá bóng trực tiếp foreign worker moves to Vietnam for employment for đá bóng trực tiếp purposes specified in points c and d clause 1 Article 2 ofDecree 152/2020/ND-CP; or
+ đá bóng trực tiếp foreign service offeror in Vietnam, or đá bóng trực tiếp person in charge of establishing a commercial presence as prescribed in points dd and h clause 1 Article 2 ofDecree 152/2020/ND-CP.
- Within 5 working days after receiving a duly completed application, đá bóng trực tiếp Ministry of Labor, War Invalids and Social Affairs or Department of Labor, War Invalids and Social Affairs of province where đá bóng trực tiếp foreign worker is expected to work shall issue a work permit to đá bóng trực tiếp foreign worker, using Form No. 12/PLI Appendix I appended toDecree 152/2020/ND-CP. If đá bóng trực tiếp application is rejected, a written explanation is required.
Form No. 12/PLI: Download
- For a foreign worker specified in point a clause 1 Article 2 ofDecree 152/2020/ND-CP, after đá bóng trực tiếp foreign worker is issued with a work permit, đá bóng trực tiếp employer and đá bóng trực tiếp foreign worker must sign a written employment contract as per Vietnam’s labor law before đá bóng trực tiếp date on which đá bóng trực tiếp foreign worker is expected to work.
đá bóng trực tiếp employer shall send that employment contract to đá bóng trực tiếp competent authority that issued that work permit. đá bóng trực tiếp employment contract is đá bóng trực tiếp original or a certified true copy.
In particular, đá bóng trực tiếp work permit is A4 size (21 cm x 29.7 cm) and consists of 2 pages: page 1 is blue; page 2 has a white background, blue pattern, and a star in đá bóng trực tiếp middle. đá bóng trực tiếp work permit is coded as follows: đá bóng trực tiếp code of đá bóng trực tiếp province, and đá bóng trực tiếp code of đá bóng trực tiếp Ministry of Labor, War Invalids and Social Affairs according to Form No. 16/PLI Appendix I promulgated together withDecree 70/2023/ND-CP; last 2 digits of đá bóng trực tiếp year of issuance of đá bóng trực tiếp work permit; type of work permit (new issuance: 1; renewal: 2; re-issuance: 3); number order(from 000.001).
Form No. 16/PLI: Download
If đá bóng trực tiếp work permit is made in electronic form, it must comply with relevant laws and has information as specified in Form No. 12/PLI Appendix I promulgated together withDecree 152/2020/ND-CP.
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