Hiring Foreign Employees in Cambodia: Visa and Work Permit Requirements
Key Takeaways:
- Types of work visas and permits
- Step-by-step application process
- Employer and employee obligations
- Timeline and costs involved
Introduction
An introduction to the rising demand for foreign workers in Cambodia and the visa and work permit process.
Visa Types for Foreign Workers in Cambodia
Foreign employees looking to work in Cambodia must obtain a valid visa and work permit. The most commonly used visa for business-related purposes is the E Visa (Business Visa), which is the first step toward legally working in Cambodia. Once in Cambodia, foreign workers must also apply for a work permit, which is required for long-term employment.
1. E Visa (Business Visa)
The E Visa, commonly referred to as the Business Visa, is the primary visa for foreign nationals entering Cambodia for business or work purposes. The E Visa allows the holder to stay in Cambodia for 30 days initially, with the option to extend for longer periods once in the country.
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Who is eligible?
Foreign workers who have secured employment with a company in Cambodia or foreign businesspeople entering the country for work-related purposes are eligible for the E Visa.
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Validity and Extensions:
The E Visa is initially valid for 30 days, but it can be extended for up to 12 months through the Cambodian Ministry of Labor and Vocational Training (MLVT). Once extended, the visa allows multiple entries and exits, making it suitable for business travelers and employees alike.
2. Work Permit
The Work Permit is a legal requirement for foreign nationals who intend to work in Cambodia for an extended period. After obtaining the E Visa, foreign employees must apply for a work permit through their employer.
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Who is eligible?
Foreign workers employed by Cambodian companies, multinational corporations, or NGOs operating in Cambodia must have a valid work permit. Workers must meet the qualifications and experience required for the job.
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Validity and Renewal:
The work permit is valid for one year and must be renewed annually. Employers are responsible for ensuring that the permit remains valid throughout the employee’s time in Cambodia.
Employer Responsibilities in Cambodia
Hiring foreign employees in Cambodia involves a range of responsibilities for employers. Employers are required to assist with the visa and work permit applications, ensure compliance with Cambodian labor laws, and maintain proper documentation.
Applying for the Business Visa and Work Permit
Employers play a critical role in securing both the E Visa and the work permit for their foreign employees. Below is an overview of the employer’s responsibilities in the application process.
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E Visa (Business Visa) Application:
Before the foreign employee enters Cambodia, the employer should assist in securing the initial E Visa. This can be done either online or at a Cambodian consulate in the employee’s home country. Once the employee arrives in Cambodia, the employer can help extend the visa through the Ministry of Labor.
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Work Permit Application:
Once the employee has arrived in Cambodia and secured the extended E Visa, the employer must apply for a work permit on their behalf. The work permit application is submitted to the Department of Immigration, under the Ministry of Interior, and the Ministry of Labor and Vocational Training (MLVT).
Key Documents Required
Employers must gather several key documents to complete the visa and work permit application process for foreign employees in Cambodia. These documents include:
- A valid passport with the E Visa
- Employment contract between the employer and employee
- Passport-sized photos of the employee (4×6 cm)
- The employer’s company registration documents
- The employee’s CV and qualifications (proof of experience and education)
- A completed work permit application form
- A health certificate issued by a licensed Cambodian medical institution (required for the work permit)
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Application Process for Work Permits
The process of applying for a work permit in Cambodia requires careful attention to detail and adherence to immigration laws. Below is a step-by-step guide to securing a work permit for foreign employees.
Step-by-Step Guide to Securing a Work Permit
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Submit the E Visa Application:
The foreign worker must obtain the E Visa before entering Cambodia. This can be done through an online visa application or at a Cambodian consulate. The visa is typically valid for 30 days and can be extended.
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Apply for a Work Permit Extension:
Upon arrival in Cambodia, the employer assists the employee in extending the E Visa for up to 12 months. This extended visa allows the employee to live and work in Cambodia legally.
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Prepare the Work Permit Application:
Employers must gather all the required documents and submit the work permit application to the Ministry of Labor and Vocational Training (MLVT). This application must include proof of employment, company registration, the employee’s qualifications, and a valid medical certificate.
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Submit the Application to the Ministry of Interior:
Once the work permit application is complete, it must be submitted to the Department of Immigration, which falls under the Ministry of Interior. The application process typically takes a few weeks to complete.
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Issuance of the Work Permit:
If the application is approved, the work permit is issued to the foreign employee. The permit is valid for one year and must be renewed annually.
Associated Fees and Timelines
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Fees:
The cost of securing a work permit in Cambodia is approximately USD 300 to USD 400 per year, depending on the industry and the nature of the employment. Employers typically cover the cost of the work permit as part of their obligation to the employee.
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Timelines:
The application process for a work permit typically takes 15 to 30 business days, depending on the complexity of the application and the responsiveness of the immigration authorities.
Compliance with Cambodian Immigration Laws
Employers must ensure that their foreign employees are compliant with Cambodian immigration laws throughout their employment. This includes adhering to labor quotas, maintaining proper records, and ensuring that all work permits and visas are renewed on time.
Ensuring Adherence to Labor Quotas
Cambodian law restricts the number of foreign workers a company can hire to 10% of the total workforce. This quota is divided into three categories: 3% for executives, 6% for technical staff, and 1% for unskilled workers. Employers must ensure that they do not exceed these quotas when hiring foreign employees.
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Labor Market Testing:
In some cases, employers may need to demonstrate that no qualified Cambodian candidate is available to fill the position. This typically involves advertising the job locally before offering it to a foreign worker.
Reporting and Renewal Procedures
Employers must also comply with ongoing reporting requirements to the Ministry of Labor and the Department of Immigration. This includes submitting annual reports on the number of foreign employees in the company and renewing work permits before they expire.
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Work Permit Renewal:
Work permits in Cambodia are valid for one year and must be renewed annually. Employers are responsible for ensuring that the renewal process is completed on time to avoid penalties or fines.
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Penalties for Non-Compliance:
Failure to comply with Cambodian immigration laws can result in significant penalties for employers, including fines, suspension of the right to hire foreign workers, or the deportation of the employee. It is critical for employers to stay up-to-date on all immigration requirements and ensure full compliance.
How AYP Can Help
Navigating Cambodia’s visa and work permit regulations can be time-consuming and complex for businesses. AYP offers comprehensive Professional Employer Organisation (PEO) and Employer of Record (EOR) services in Cambodia to assist companies in hiring foreign talent without the administrative burden of managing visas and work permits.
With AYP’s services, we handle everything from securing the initial E Visa to applying for work permits and ensuring compliance with Cambodian immigration laws. Our experienced team ensures that your foreign employees are legally employed and that your business remains fully compliant with all local regulations. We take care of the complexities so that you can focus on growing your business.
