How to Secure a Vietnam Working Permit
On September 5, 2013, Vietnam’s President publicized Decree No. 102/2013 ND-CP, which provides regulations regarding the application of Labor Law for the foreign labors in Vietnam.
Under the said regulation, all foreign labors should follow 5 conditions in order to be granted with working permission.
• They should have fully civil capacity in accordance with law.
• Their health status should pass the country’s health requirement.
• They must be managers, directors, experts or technical workers of a company or an organization.
Meanwhile, for those working in medical examination, treatment or direct examination and treatment in Vietnam, or working in the field of providing education or vocational training should have to observe the conditions which match the Vietnamese law on medical examination, treatment, education as well as vocational training.
• Foreign labors shall not be law offender or prosecuted with criminal liability prescribed under the Vietnam or international law.
• Foreign labors must have approval from officially authorized agency in text for using foreigner laborers.
The expiration date of foreign labors’ work permit is only less than 2 years and depending on the following circumstances:
• The period of labor contracts expected to be signed
• The period of oversea –cooperation appointment labor for the foreign labors in Vietnam
• The period of term of contracts or agreement signed between Vietnam employers and cooperation and others.
Moreover, the decree also stated that every year, employers shall be responsible for reporting to provincial president of People’s Committee regarding the demand of using foreign labors on detailed positions which Vietnamese people don’t get approved. In the event that the President of People’s Committee approves foreign labor, it must be done through text.
But, before recruiting foreign labors for any job positions, contractors shall be responsible for recruiting Vietnamese people first for the position. And the period of recruitment shall be less than two months for receiving more than 500 Vietnamese labors and less than a month for receiving less than 500 Vietnamese labors. If there had been no Vietnamese people that filled the position, then that is the only time contractors can recruit foreign labors.
Also, foreign labors have to be noted that they have to secure their working permit first before applying for a working visa in Vietnam.