The Procedure For Work Permit For Foreigners

This procedure has been updated by Decree No. 46/2011/NĐ-CP on 17 March 06 2011 modified, supplemented by Decree 34/2008/ND-CP rules on recruitment and management of foreigners working in Vietnam.

I. OBJECT APPLIES:

Foreigners working in Vietnam must have a work permit, except in the following cases:

a) foreigners in Vietnam with duration of 03 (three), below;

b) the alien is a member of the limited liability company, two members;

c) foreigners is the owner of the limited liability company is a Member;

d) foreigners who are members of the Management Board of the company;

e) foreigners in Vietnam to make selling;

f) foreigners in Vietnam to handle emergencies such as those incidents, technical situations, complicated technology arose making impact or risk affecting the production, business experts and foreign specialists is currently in Vietnam do not handle was there time on 03 June 03 (three), all (three) months of work in Vietnam, the foreigners have to do registration granted work permit prescribed in this Decree;

g) foreign lawyers were the Ministry of Justice solicitor practitioners licensed in Vietnam under the provisions of the law.

h) alien head offices, head of project office or foreigners held foreign NGOs commissioned to represent the activities in Vietnam;

i) alien moves within the enterprise, in the scope of the services sector in Vietnam's service commitment with the World Trade Organization by 11 services include: business services; information services; construction services; distribution service; education services; environmental services; financial services; medical services; travel services; cultural entertainment services and transportation services;

j) foreigners in Vietnam to offer consulting services and technical expertise or perform other tasks for the research work, build, assess, track reviews, manage and execute the program, the project using its official development assistance (ODA) according to the regulation or agreements in international treaties signed between muscle ODA authorities in Vietnam and abroad;

k) foreigners were More active diplomatic license information, the press in Vietnam under the provisions of the law;

l) other cases as prescribed by the Prime Minister. "

II. RECORDS SUGGEST the LABOR LICENSE for FOREIGNERS include: (1)

1. the text proposed licensing of workers or employers for Vietnamese or representatives of non-governmental organizations abroad under model;

2. the votes of labour recruitment registration of foreigners according to the model;

3. Voting record by the competent authority of the country where the foreigner resides before going to Vietnam. Cases of foreigners currently resides in Vietnam since February over, just enough to slip the record by the Justice Department, city of Vietnam where foreigners are residing;

4. The Liberal Arts background have alien form;

5. the health certificate was issued in a foreign country. Cases of foreigners who are resident in Vietnam, due to provincial hospital clinic.

In Ho Chi Minh and Hanoi health check at one of the following hospitals:

In Ho Chi Minh City:

Chợ Rẫy hospital;

-Clinic international Columbia;

-Hospital Uniform;

-Hospital Encyclopedia-France;

-Clinic international Oscat/AEA.

In Hanoi:

-Bach Mai hospital;

-Hospital Clinic Xanhpon;

The E-Hospital In Hanoi

-Hospital International Encyclopedia;

-Clinic International SOS – joint venture OSCAT Vietnam)

6. one of the certified copies of documents, technical qualification corresponds to the following cases:

-Certificate about qualification, high technique of foreigners including by university graduates, masters, doctorate in accordance with expertise, work at the request of the employer.

-Verification of at least 5 (five) years of experience in the profession, the Executive producer, management was competent agencies of foreign countries confirmed and in accordance with the request of the employers for the case of foreigners is the artisan trades traditional or who have experience in the profession, executive producer, management but no certificate, diploma recognition.

-The listed football clubs that footballers have competed or certification of the club that the player has competed liền earlier for cases foreigners are employed as soccer player for club football in Vietnam.

7.03 (three) pictures here (size 3cm x 4 cm, head to the ceiling, snap front, sides, clearly the two ears, not wearing glasses, white picture fonts), photo taken December 06 (six) than from the time foreigners filing.

8. one of the documents about recruitment for enterprises, agencies, held in Vietnam to recruit foreign workers as follows:

-Copy of certificate from the post recruitment of labour to work in the location expected to recruit foreigners into working on the Central newspaper of 1 and 1 of the local newspaper, the time right before the recruitment notice for at least 30 days.

-Copy of certificate from the recruitment of foreign workers is through job referral organization in Vietnam.

9. copy of certificate of unit (marked with notary State). For example: the investment certificates of the company invested abroad; Business registration certificate; or permit activities of branches, representative offices of the company, overseas institutions in Vietnam ….

10. a photocopy of the passport of the workers.

11. Paper presented for filing.

* Note for the record:

-Time record, health certificates are issued for no more than 6 months as of the filing suggested labor license;

-Documents in foreign languages must be translated into Vietnamese;

-Voting record; health certificate; confirmation at least 5 (five) years of experience in the profession, the Executive producer, management was competent agencies of foreign countries confirmed; writing professional level certification, engineering (diploma, master 's, PhD) by the Agency, organization or notary, attested to be legalize consular and accompanied by translations by Vietnamese;

-Translations, copies must be certified in Vietnam.

III. ORDER PROCEDURE:

-Venue submission: at the Department of labor, invalids and Social Affairs where employers have headquarters or where workers work regularly.

-Time limit for resolution: 10 working days since the date of the profile is invalid.

-State: 400,000 fee.

IV. FORMS OF SANCTION VIOLATION:

-Fine from 10,000,000 5,000,000 Dong to Dong for violations: the employers using foreign workers without permits.

-Sanctioned by the form of expulsion with respect to foreign workers working in Vietnam since February 3 over not having enough work permit or using labor license expired deadlines prescribed in clause 1 Article 133 of the labour law has been amended, supplemented;

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