| | Work Permit in Vietnam Regulations and Guidances
| | | Foreigners working in Vietnam shall comply with the local regulations properly to avoid most of the issues and troubles, remain the reputation and working history in Vietnam. VIVA BCS would like to present to you regulations on issuance of work permit in Vietnam and cases of expulsion of foreigners working in Vietnam without work permits, we do hope this article will be useful information for both employers and employees.
Regulated entities on regulations of work permit in Vietnam
1. Workers who are foreign citizens moving to Vietnam for employment for the purpose of:
- Executing the labor contracts;
- Internal reassignments;
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2. Employers of foreign workers include:
- Enterprises operating in accordance with the Enterprise Law;
- Foreign or Vietnamese contractors participating in the bidding or executing contracts;
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Conditions for issuing the work permit in Vietnam for foreigner workers
- The worker is a manager, chief executive officer, expert or technician.
- The employment of the foreign worker is approved in writing by a state competent authority.
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Required papers and application for the work permit in Vietnam
An application for the work permit in Vietnam consists of:
- Certified copy of passport or a substitute for passport or another license for international travel which is unexpired in accordance with the law.
- 02 color pictures (4cm x 6cm, white background, frontal face, bareheaded and no colorful glasses) that are taken within 06 months ahead of the date of application.
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Duration of the work permit in Vietnam
The duration of a work permit in Viet Nam shall not exceed 02 years and is equal to one of the following durations:
- The duration of the labor contract to be signed;
- The duration of assignment in Vietnam decided by the foreign partner;
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Cases in which the work permit in Vietnam is reissued
- The unexpired work permit is lost, damaged or the contents stated in the issued work permit are changed.
- The work permit is still valid from 05 to 45 days.
Cases in which foreign worker's work permit in Vietnam is revoked
- The work permit expires as regulated of the Labor Code.
- The work permit is revoked because the employer or the foreign worker fails in compliance with regulations.
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Cases of Expelling the foreign worker in Vietnam
- The foreigner who works in Vietnam without the work permit or certificate of eligibility for exemption from the work permit as regulated (the foreign worker working in Vietnam without the work permit) shall be expelled in accordance with the Vietnam law.
- The Service of Labor, War Invalids and Social Affairs shall request the police agency to expel the foreign worker working in Vietnam without the work permit.
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Penalties for administrative violations against regulations on work permit in Vietnam
- Any foreign worker in Vietnam that commits any of the following violations shall be expelled
- A fine of from VND 1,000,000 to VND 2,000,000 shall be imposed upon any employer that fails submit a report on employment of foreigners to the labor authority, or submits an insufficient report, or submits report behind schedule.
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VIVA BCS has been providing services for thousands of multinational companies and foreign representative offices in Vietnam. We are able to understand deeply local business regulations as well as identify potential risks in advance that to provide tailored solutions, in the most practical manner, beyond the limitations. We do guarantee your best interests and expectation in everything we do. | | | | VIVA BUSINESS CONSULTING
is a professional consulting firm dedicated to create added value for clients by offering a wide range of business advisory and support services related to market entry and business operation in Vietnam.
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| | | VIVA BUSINESS CONSULTING CO., LTD.
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Email: support@vivabcs.com.vn | Tel: 028 7304 0455 – 18001243
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