vietnam work permit procedure condition and termination

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There has been a lot of confusion when it comes to business visa-related matters. Especially, there are a lot of people who think they can work for a long time if they have hold of a business visa. Well, to be honest, this is not the truth. If you want to stay in Vietnam for a long time and work here, you might as well have to know about the Vietnam work permit. These two need to be in hand in order to get a long stay in Vietnam. 

There has been an ever-increasing number seen when it comes to foreign workers working in Vietnam. At the end of 2018, it was estimated to be around 80,000 with the numbers still on a high rise! These foreign workers come from various parts of over 100 countries and work as mostly contract workers or maybe working for the foreign direct investments (FDI). 

Unlike those seen in other Asian countries, Vietnam which has its company representatives can hire a lot of foreign workers if they deem that the local hires are not being able to reach the specified target. In order to get recruitment, the head must give out some sort of an announcement which will attract the job-seekers. This announcement will be attached to the application if a foreigner wants the work permit. 

Content:

  1. Types of visas for those seeking job:
  2. Procedure and requirements that work permit needs:
  3. Conditions to be followed:
  4. Termination of work permit:
  5. People who do not need a work permit:

Types of visas for those seeking job:

For those foreign employees who are seeking jobs can apply for a visa that suits their profession. The types of visas which are available for them can be given as follows:

HN: Meeting or conference visa which will be valid for 3 months long

LD: This visa is provided to foreign workers also known as working visas and has a validity of 2 years.

LV1-LV2: This visa is given to those foreigners who will be working with the authorities in Vietnam and is valid for one year.

DT: These are visas provided to investors who wish to visit Vietnam and is valid for 5 years.

DN: For that foreigner who works with Vietnam businesses. This visa is valid for 12 months.

NN1-NN2: For those working in the department of the chief representative office in Vietnam or as head of a project office of foreign NGO. This visa will be valid for 12 months.

NN3: For NGO staff and representative office workers. Will be valid for 12 months

NG1-NG4: This visa is valid for 12 months and is given to diplomatic passport holders and hence also called diplomatic visas.

Procedure and requirements that work permit needs:

A work permit is provided to those people who wish to work in Vietnam for more than three months from entry into the country. Before the hired foreigner starts working in the company, an employer should give a letter which will be for the application of the work permit. This application will be done 15 days before the start of the work. This application is given to the Ministry of Labor, Invalids, and Social Affairs and if the work permit is not necessary for the employee to work at the company then the hirer must give a notice seven days before the work starts. The work permit which is provided by the ministry of labor, invalids, and social affairs is valid for only three years after which if the employer wishes to keep the foreign worker must provide a new application. This permit is also not renewable which means the whole process will have to be done again.

Conditions to be followed:

  • The conditions a foreigner must follow in order to get the work permit are as follows:
  • Must be of age 18 years and above.
  • Must have a good health which will satisfy the job conditions.
  • Must be an expert in technical skills and should have knowledge that will be important for the job offered.
  • Should not contain any criminal records or should not be undergoing a criminal prosecution or any other criminal sentence in Vietnam. 

Termination of work permit:

  • A work permit is terminated under the following conditions:
  • The expiry date of the work permit is over.
  • The labor contract given by the employer is no longer valid. 
  • The job type which is done by the foreigner is not the same as that has been permitted in the work permit.
  • If the employee who has been working in Vietnam has been fired by the head.
  • If there is a withdrawal notice put up by the authorized state agencies.
  • The company, organization, or the investment partners with whom the foreigner has been working has undergone termination.
  • If the foreigner faces a law action or dies or is found missing.

People who do not need a work permit:

  • Those who work in Vietnam for not more than 3 months.
  • A foreigner who has come to Vietnam to promote products and services.
  • Those foreigners who come to Vietnam to solve any emergency troubles that have not been able to solve by those experts living in Vietnam.
  • Lawyers who hold a professional permit in Vietnam.
  • The head of any representative offices, an NGO organization, or a chief of some project.

The rules about the Vietnam work permit are quite seriously taken and hence there is no way a person can escape if dealt with any invalid information. If there has been a foreigner who does not have a work permit then he or she will be sent back to their home town in about 15 days and an additional penalty must also be paid.

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