Application file for issuance of a work permit

1. Request for issuance of a work permit from the employer in accordance with regulations of the Ministry of Labor - Invalids and Social Affairs.

2. Health certificate or medical certificate issued by a competent foreign or Vietnamese health care agency or organization valid for 12 months from the date of signing to the application date.

3. Judicial record or written document confirming the foreign worker is not an offender or being prosecuted for criminal liability issued by the foreign country. If the foreign worker resides in Viet Nam, only judicial record issued Viet Nam is required.

The judicial record or written document confirming the foreign worker is not an offender or being prosecuted for criminal liability must be issued within 06 months from the issuance date to the application date.

4. Proof showing he/she as a manager, executive, expert or technician

For some occupations and jobs, proof of professional qualifications and skills of foreign workers shall be replaced by one of the following documents:

a) Certificate of recognition for artisan traditional crafts by the competent authorities of foreign countries;

b) Proof of experience of foreign football players;

c) Aircraft pilot license by the competent authorities of Viet Nam for foreign pilots;

d) Aircraft maintenance license by the competent authorities of Viet Nam for foreign workers working as aircraft maintenance.

5. 02 color photos (size 4cm x 6cm, white background, front, bareheaded, without sunglasses), taken within 06 months prior to the application date.

6. A certified copy of passport or valid papers or international travel documents in accordance with the law.

7. Documents relating to the foreign worker

a) Foreign worker stipulated under Point b, Clause 1 of Article 2 of this Decree must provide an appointment letter of the foreign enterprise assigning the foreign worker to work in the commercial presence of the foreign enterprise within the territory Viet Nam and proof of employment for the enterprise for at least 12 months prior to working in Viet Nam;

b) Foreign worker stipulated under Point c, Clause 1 of Article 2 of this Decree must provide a contract or agreement between Vietnamese and foreign partners, which must include an agreement on the foreign worker working in Viet Nam;

c) Foreign worker stipulated under Point d, Clause 1 of Article 2 of this Decree must provide a service contract between Vietnamese and foreign partners and proof of employment for the foreign enterprise which does not have a commercial presence in Viet Nam for least 02 years;

d) Foreign worker stipulated under Point dd, Clause 1 of Article 2 of this Decree must provide an appointment letter of the service provider assigning the foreign worker to come to Viet Nam to negotiate on service provision;

dd) Foreign worker stipulated under Point e, Clause 1 of Article 2 of this Decree must provide a certificate of the foreign non-governmental organization and international organization permitted to operate in accordance with Viet Nam law;

e) Foreign worker stipulated under Point h, Clause 1 of Article 2 of this Decree must provide a written appointment letter of the service provider assigning the foreign worker in Viet Nam to establish a commercial presence of the service provider;

g) Foreign worker stipulated under Point i, Clause 1 of Article 2 of this Decree engaging in activities of the foreign enterprise, which have established a commercial presence in Viet Nam, must provide proof that the foreign worker has engaged in activities of the foreign enterprise.

8. Application file for issuance of work permits for some special cases

a) For foreign workers who have been issued with a work permit which is still valid and work for another employer in the same position stated in the work permit as prescribed by law, application file for a work permit shall include documents specified in Clauses 1, 5, 6 and 7 of this Article and the issued work permit or certified copy of the work permit;

b) For foreign workers who have been issued with a work permit which is still valid and work in a position different from the job title stated in the work permit as prescribed by law, but do not change the employer, application file for a work permit shall include documents specified in Clauses 1, 4, 5, 6 and 7 of this Article and the issued work permit or certified copy of the work permit;

c) For foreign workers who have been issued with a work permit which has expired as prescribed under Article 174 of the Labor Code having demand to continue to work at the same position stated in the work permit as stipulated by law, application file for issuance of a work permit shall include documents specified in Clauses 1, 2, 3, 5, 6 and 7 of this Article and proof of work permit revocation;

d) In case foreign workers prescribed under Points a, b and c of this Clause have been issued with a work permit as stipulated under Decree No. 102/2013/ND-CP dated September 5, 2013 of the Government detailing the implementation of some articles of the Labor Code on foreign workers in Viet Nam, they must provide proof to meet the requirements stipulated in Clause 3 or 4 or 5 of Article 3 of this Decree.

9. Consularization and notarization of documents

a) The documents specified in Clauses 2, 3 and 4 of this Article must be 01 photocopy to be collated with the original or 01 certified copy.

Foreign documents must be consularized, unless they are exempt from consularization in accordance with international treaties to which the Socialist Republic of Viet Nam and the related foreign country are members or reciprocity principle in accordance with the law. These documents must be translated into Vietnamese and certified in accordance with regulations of Viet Nam.

b) The documents specified in Clause 7 of this Article must be 01 photocopy to be collated with the original or 01 certified copy. Foreign documents are exempt from consularization, but must be translated into Vietnamese and certified in accordance with regulations of Viet Nam./.

By Thuy Dung