Hiring Foreign Employees in Vietnam: Visa and Work Permit Requirements

Vietnam’s Work Permit Application Process

The process of applying for a Work Permit in Vietnam involves several key steps and requires careful attention to documentation and deadlines. Employers must ensure that all documents are properly prepared and submitted to avoid delays.

Detailed Guide on How to Apply for a Work Permit

1. Step 1: Pre-Approval for Employment of Foreigners

   Employers must submit a request to hire a foreign employee to the local Department of Labor, Invalids, and Social Affairs (DoLISA). This request justifies why the position cannot be filled by a local worker and seeks permission to proceed with the work permit application.

2. Step 2: Preparation of Documents

   Once pre-approval is granted, employers should gather the required documents, including the employee’s academic qualifications, proof of work experience, a medical certificate, and a criminal background check. Employers are responsible for ensuring that these documents are notarized and translated into Vietnamese.

3. Step 3: Submission of Work Permit Application

   The application for the Work Permit is submitted to DoLISA along with the required supporting documents. Processing time typically takes around 15 to 20 business days.

4. Step 4: Issuance of Work Permit

   If the application is approved, the Work Permit will be issued, allowing the foreign employee to legally begin working in Vietnam.

5. Step 5: Temporary Residence Card Application

   After obtaining the Work Permit, employers must apply for the Temporary Residence Card (TRC) for the foreign employee, which will allow them to reside in Vietnam for the duration of the work contract.

Associated Fees and Timelines

• Fees:

  The total cost of applying for a Work Permit in Vietnam can range from USD 300 to USD 600, depending on the processing time, type of work permit, and any additional administrative fees.

• Timelines:

  The entire process, from pre-approval to the issuance of the Work Permit and TRC, typically takes between 30 to 60 days. Delays may occur if documents are not prepared correctly or if additional verification is required.

Key Considerations for Employers

Employers hiring foreign employees in Vietnam must comply with a range of regulations and requirements set by the Ministry of Labor. Ensuring compliance with Vietnamese labor laws is essential to avoid penalties or legal issues.

Compliance with Vietnamese Labor Laws

Employers must ensure that all foreign workers are properly documented with valid Work Permits and Temporary Residence Cards. In addition, employers must maintain accurate employment records and ensure that foreign employees are treated fairly under Vietnamese labor laws, including receiving appropriate wages, benefits, and working conditions.

• Contract Requirements:

  Employers are required to provide a written employment contract that outlines the foreign employee’s salary, benefits, and job responsibilities. This contract must comply with Vietnamese labor standards.

Quotas for Foreign Workers and Mandatory Health Checks

Vietnamese law limits the number of foreign workers that a company can employ. Typically, only a certain percentage of a company’s total workforce can consist of foreign employees. Employers must ensure they comply with these quotas, which are set by the Ministry of Labor.

• Health Checks:

  Foreign workers must undergo a mandatory health check before receiving a Work Permit. This health check must be conducted at a licensed medical facility in Vietnam, and the results must be submitted as part of the application process.

How AYP Can Help

Navigating the complexities of Vietnam’s visa and work permit regulations can be challenging for businesses unfamiliar with local laws. AYP offers comprehensive Professional Employer Organisation (PEO) and Employer of Record (EOR) services in Vietnam to help employers streamline the process of hiring foreign employees.

With AYP’s services, employers can focus on their core business activities while we handle the administrative tasks of obtaining Work Permits and Temporary Residence Cards. Our team of experts ensures that your company remains compliant with Vietnamese labor laws, including managing employment contracts, processing visa applications, and ensuring timely renewals of work permits and residence cards.

AYP’s PEO and EOR services in Vietnam make it easier for businesses to hire foreign talent, providing full support throughout the hiring and onboarding process to ensure a smooth and compliant experience.