- June 20, 2021
- Posted by: GBS
- Categories: GBS, Legal
According the law on employment and administration of foreigners working in Vietnam, every foreigner has to submit application for the issuance of a work permit. The work permit will be issued by the local Department of Labour.
As one of the best business law firms in Vietnam, GBS is pleased to present our services in the obtaining the work permit with the scope of works as below:
- Drafting the Application file including: Application form, Registration slips, Curriculum vita and other documents related;
- Submitting the Application file to the local Department of Labor;
- Following up the process of application and obtaining the Work Permit.
What is Work permit?
Work permit is a generic term for a legal authorization which allows a person to take employment. It is most often used in reference to instances where a person is given permission to work in a country where one does not hold citizenship, but is also used in reference to minors, who in some jurisdictions require a permit in order to work.
Who should apply for it?
All enterprises and organizations recruiting foreign laborers to work in Vietnam, except:
- Foreign laborers entering Vietnam to work for a period of less than 03 (three) months; and those entering Vietnam to resolve an emergency situation such as a breakdown or a technically or technologically complex situation which suddenly arises and which affects, or has the risk of affecting production or business and which Vietnamese experts and foreign experts in Vietnam are not able to resolve
- Foreigners who are members of the Board of Management or member’s council (in the case of a limited liability company) established under Vietnamese laws with legal status
- Foreigners who are head of representative offices or branches in Vietnam
- Foreign lawyers to whom Ministry of Justice has issued a certificate to practice in accordance with laws
A fine between VND5,000,000 to VND10,000,000 is applied to employers using foreign laborers who have no work permit.
Sanction of expelling foreign laborers is applied when foreigners working in Vietnam for over 3 months have no work permit or use the invalid work permits as stipulated in Clause 1, Article 133 of supplemented and amended Labor Code.
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