As you may know, the Work Permit application process often appears as time consuming and cumbersome. Nevertheless, appropriate scheduling and thoughtful preparation of the required documents will make the licensing procedure smoother and ultimately successful.
We would like to summarize below the step by step action plan for obtaining a Work Permit for an expat to legally work in Vietnam together with our ‘DO and DON’T’ notes, for your kind reference.
| Step-by-step Work Permit application process
and required documents
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DO and DON’T Notes |
| Step 1 – Document Preparation
Employer to prepare and collect required documents from both employer and employee (including translations) for the Work Permit obtainment
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Theoretically speaking, Employer and Employee will start preparing documents after the issuance of Pre-Approval from Labor Authority under Step 2, which would very likely delay the whole process.
At a matter of practice, we would suggest the Employer and Employee should get started to prepare the required documents soonest possible, which could be earlier than or at least concurrently with Step 2.
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| Step 2 – Pre-Approval from Labor Authority
Employer to obtain the written pre-approval from the provincial Labor Authority prior to employing expat workers in Vietnam
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In theory, this Step 2 must be done by the Employer at least 30 days prior to the expat’s estimated commencement date.
However, we would suggest that the employer should proceed this step as soon as possible. |
| Step 3 – Filing application for Work Permit obtainment
Employer to submit the application for Work Permit obtainment to Labor Authority
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It is worth noting that there would be back and forth discussion followed by submission of the Work Permit application and required documents with the Labor Authority.
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| Step 4 – Collection of Work Permit
Employer to collect final formal Work Permit from the Labor Authority.
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In theory, Work Permit will be issued within five (5) working days since the receipt of validly complete application.
Please kindly expect that the process always takes longer in practice, and the timeline for preparation and supplementation of documents should be taken into consideration.
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| Step 5 – Labor contract execution
Employer and Employee to enter into a Vietnam-law labor contract whose term is in line with the term of the issued Work Permit
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Failure to comply with this Step 5 may result in a monetary sanction of up to VND 150M (equivalent to US$6,522) |
| Step 6 – Labor contract submission
Employer to submit a certified copy of executed labor contract to Labor Authority
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Failure to comply with this Step 6 may result in a monetary sanction of up to VND 6M (equivalent to US$260) |
| Required documents prepared by Employer
1. Summary of Employee’s Job description
2. Business license
3. Pre-Approval issued under Step 2
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For (1), as per our experience, summary of Employee’s Job description is very important as Labor Authority will check if experience in Expat’s training field and Expat’s practicing certificate are in corresponding with the job position/job assignment that he/she will be appointed in Vietnam.
For (2), this document requires notarizing in Vietnam, most commonly at a People’s Committee and the original may be required upon filing the Work Permit application.
For (3), the Labor Authority will require original copy of this document.
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| Required documents prepared by Employee
1. Original and Vietnamese Criminal History (Police) Check from (a) the Employee’s home country; OR (b) Vietnam
2. Heath Check from an authorized Vietnamese hospital
3. University Degree
4. Experience Certificate(s) / Letter confirming at least 3 years relevant foreign work experience issued by an offshore company; or the previous relevant Work Permits for 3 years if the foreign individual has working experience in Vietnam. The foreign employees can combine these if the duration of each document is less than 3 years.
5. Summary CV / Record of work history
6. Passport
7. Two (2) pictures size 4x6cm
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For (1), Criminal History Check will be valid for a period of 6 months as from the actual date of issue. For (1)(a), this document needs to be Consularized and Legalized and Translated into Vietnamese.
For (2), Health Check will be valid for a period of twelve (12) months as from the actual date of issue.
For (3), University Degree can be replaced by a valid practicing certificate issued by a foreign Authority/Government in corresponding with the Job position in Vietnam (for some specific fields only). As such, a Working Experience Letter of at least 5 years is required. This document needs to be Consularized and Legalized and Translated into Vietnamese.
For (4), this document needs to be Consularized and Legalized and Translated into Vietnamese.
For (5), we highly recommend this supporting document based on our experience.
For (6), this document requires notarizing in Vietnam, most commonly at a People’s Committee and the original may be required upon filing the Work Permit application.
For (7), color photo with white background, front view, bare head, no color glasses, which must be taken within six (6) months before the submission date of application. |
Please do not hesitate to contact Dr. Oliver Massmann under [email protected] if you have any questions or want to know more details on the above. Dr. Oliver Massmann is the General Director of Duane Morris Vietnam LLC.
