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The dossiers and procedures for applying for work permits shall comply with the new regulations as from November 1, 2013

From November 1, 2013, the procedures and applications for the issuance and extension of work permits for foreigners shall comply with the new regulations of Decree 102/2013 / ND-CP.

Create favorable conditions for enterprises and foreigners applying for work permits. The company would like to guide the procedures and prepare the dossier of employment permit for foreigners as follows:

I. Legal basis

  1. Decree No. 102/2013 / ND-CP detailing the implementation of a number of articles of the Labor Code on foreign laborers working in Vietnam takes effect from November 1, 2013.
  2. The Labor Code No. 10/2012 / QH13 passed by the National Assembly of the Socialist Republic of Vietnam on June 18, 2012 and takes effect from May 1, 2013.

II. Procedures and application for a work permit

1. The employer's written request for work permit according to the regulations of the Ministry of Labor, War Invalids and Social Affairs.

2. Health certificates issued in foreign countries or in Vietnam according to regulations of the Ministry of Health.

3. The written certification is not a criminal offender or examined for penal liability according to the provisions of Vietnamese law and foreign law, which is valid for 6 months, up to the time of dossier submission.

4. Confirmation letter as a manager, executive director, expert or technical worker.

For a number of occupations, jobs and documents certifying the professional qualifications and technical qualifications of foreign laborers, they shall be replaced by one of the following papers:

a) A certificate of craftsmanship of traditional crafts granted by a competent foreign agency;

b) Documents proving the experience of foreign football players;

c) Airfreight driver's licenses granted by competent Vietnamese agencies to foreign pilots;

d) An aircraft maintenance permit issued by a competent Vietnamese agency for foreign employees doing aircraft maintenance work.

5. Documents of the president of the provincial-level People's Committee on the approval of the employment of foreign laborers.

6. Two color photos (size 4cm x 6cm, bareheaded, straight, face, clear ears, no glasses, white backdrops), photo not more than 06 months up to the time of filing. .

7. A copy of passport or valid paper in lieu of a valid passport as prescribed by law.

The papers specified in Items 2, 3 and 4 of this Article are one original or one copy; If they are in a foreign language, they must be consularly legalized, except for cases where they are exempt from consular legalization under treaties to which the Socialist Republic of Vietnam and foreign countries are members or under the former. Reciprocal or reciprocal in accordance with the law and translated into Vietnamese, authenticated in accordance with the law of Vietnam.

8. Documents related to foreign laborers:

a) For foreign workers moving within the enterprise, a document must be sent by the foreign enterprise to work at the commercial presence of the foreign enterprise in the territory of Vietnam and the document proving A foreign worker has been recruited by a foreign enterprise before working in Vietnam for at least 12 months;

b) For foreign laborers To perform various types of contract or agreement on economic, trade, finance, banking, insurance, science, technology, culture, sports, education and job training. and medical services must have contracts or agreements signed between Vietnamese and foreign partners, including agreements on foreign laborers working in Vietnam;

c) For foreign laborers being service providers under this contract, there must be service provision contracts signed between Vietnamese and foreign partners and documents evidencing that foreign laborers have signed such contracts. Work for a foreign enterprise without a commercial presence in Vietnam for at least 2 years;

d) For foreign laborers offering services, there must be documents of service providers appointing foreign laborers to enter Vietnam to negotiate the provision of services;

đ) For foreign laborers Working for foreign non-governmental organizations and international organizations in Vietnam, which are licensed to operate under Vietnamese law, must have certificates of non-governmental organizations Apart from that, international organizations are permitted to operate in accordance with the law of Vietnam;

e) For foreign workers The person responsible for setting up a commercial presence; Must have a document from the service provider appointing a foreign worker to enter Vietnam to establish the commercial presence of the service provider;

g) For foreign laborers Managers, executives, specialists and technical workers who participate in activities of foreign enterprises which have established commercial presence in Vietnam must have written A copy showing the foreign worker's participation in the operation of the foreign enterprise.

Papers in accordance with this regulation are one original or one copy, if they are in a foreign language, they shall be exempt from consular legalization but must be translated into Vietnamese and authenticated in accordance with the provisions of Vietnamese law.

 

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