Hiring Foreign Employees in Vietnam: Visa and Work Permit Requirements
Key Takeaways:
- Work visa options for foreign employees
- Employer’s responsibilities for hiring foreign workers
- Application process, fees, and timeline
- Key compliance considerations
Introduction
Introduction to Vietnam’s fast-growing economy and the visa and work permit process for foreign employees.
Types of Work Visas in Vietnam
Foreign employees intending to work in Vietnam must secure the proper visa and work permit to ensure they can legally reside and work in the country. The most common types of visas for foreign employees in Vietnam are the Work Permit and the Temporary Residence Card (TRC).
1. Work Permit
The Work Permit is a mandatory document for any foreign employee intending to work in Vietnam for longer than three months. It allows the employee to legally engage in employment with a Vietnamese company or a foreign business with local operations.
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Who is eligible?
The Work Permit is generally issued to foreign professionals, managers, and technical experts who possess the necessary qualifications and experience. The position must require skills that are not readily available in the local labor market.
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Validity and Renewal:
The Work Permit is typically valid for up to two years and can be renewed before expiration. Once the permit expires, the foreign worker must either apply for a renewal or leave the country.
2. Temporary Residence Card (TRC)
The Temporary Residence Card (TRC) is a document that allows foreign employees who have a valid Work Permit to reside in Vietnam for an extended period. The TRC also eliminates the need for a visa renewal while the foreign worker remains in Vietnam.
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Who is eligible?
Foreign employees with a valid Work Permit and employment contract are eligible for the TRC. This card is particularly useful for expatriates working in Vietnam for more than one year.
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Validity and Renewal:
The TRC is valid for the same duration as the Work Permit (up to two years) and must be renewed along with the Work Permit.
Employer Responsibilities for Visa Applications
Employers in Vietnam play a critical role in securing the necessary documentation for their foreign employees. The application process for both the Work Permit and the TRC involves several steps, which must be completed correctly to avoid delays or legal issues.
Steps for Applying for Work Permit and TRC
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Pre-Approval Process:
Before applying for a Work Permit, the employer must submit a written explanation to the Department of Labor, Invalids, and Social Affairs (DoLISA) justifying the need to hire a foreign employee. The application should detail the job role, qualifications required, and why a Vietnamese worker cannot fulfill the role. This step is crucial, as approval from DoLISA is needed before any Work Permit application can be processed.
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Work Permit Application Submission:
Once pre-approval is granted, the employer must submit the Work Permit application on behalf of the foreign worker. Required documents typically include:
- A completed Work Permit application form
- A valid passport with a business or work visa
- Notarized copies of academic qualifications and professional certificates
- A medical certificate issued within the last six months
- Criminal background check from the foreign employee’s home country or last place of residence
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Temporary Residence Card Application:
After the Work Permit is issued, the employer can apply for the Temporary Residence Card (TRC) for the foreign employee. The TRC is usually issued by the Immigration Department under the Ministry of Public Security. Required documents include:
- A copy of the Work Permit
- The foreign employee’s passport and visa
- A valid employment contract
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Issuance of Work Permit and TRC:
Once all documents have been submitted, the Work Permit and TRC will be processed and issued within 15 to 20 business days. The foreign employee is then allowed to legally work and reside in Vietnam for the duration of the permit.
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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
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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.
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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.
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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.
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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.
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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
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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.
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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.
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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.
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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.
