Tips On The Preparation Of Work Permit Application.

17 July 2014

Decree No. 102/2013/NĐ-CP dated September 5th, 2013 and circular No 03-2014-TT-BLDTBXH have brought several changes on the preparation of work permits for foreign nationals working in Vietnam. There has been a lot of confusion and frustration as a result of these new regulations. Below are few tips to avoid delay in the preparation of work permit in Vietnam.

1/ Foreign labor demand.

Before applying for a work permit in Vietnam, a Labor Demand Report must be approved by the People’s Committee of the related province on the use of foreign labor for specific positions. This report should be lodged at the provincial department of labor and should anticipate the positions which will most likely be occupied by foreign nationals.

In some provinces, obtaining this approval may take up to 8 weeks.  Companies need to anticipate this at least couple of months before appointing a foreign employee/assignee for that position and before requesting work permit for this individual.

2/ Marriage and Birth Certificate for dependents of work permit holders.

Foreign spouses and children of work permit holders in Vietnam are entitled to obtain the same duration of Visa or temporary residence card as the work permit holder. To justify the dependence a Marriage certificate and birth certificate for the children are required. It is important to note that in many provinces of Vietnam such as HCMC and Hanoi, a translation into Vietnamese may not be sufficient; documents may need to be notarized and legalized for their submission to the immigration department.

3/ Police clearance certificate requirement

In former decree 46 and related circular, a Local Police Clearance Certificate was required if a foreign nationals had been living in Vietnam for at least 6 months.

New Circular 03-2014-TT-BLDTBXH providing guidance on decree 102/2013/NĐ-CP mentions that Local PCC is required if a foreign National “has stayed in Vietnam before” without mentioning any duration. As a result, when the labor department in several provinces of Vietnam noticed that the work permit applicant has been in Vietnam just for a couple of days before the date Work Permit application is lodged, they required the applicant to apply for a Local Police Clearance Certificate in addition to the overseas Police Clearance Certificate. This is also applicable to foreigners who only visited Vietnam on Business Trip before being assigned to Vietnam to work.

If your company is preparing work permit(s) for foreign nationals who hold a valid or expired Vietnam visa and entry stamp on their passport, anticipate this additional requirement. This is not applicable in all provinces of Vietnam.

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