In order to work in Vietnam legally, employers and foreign workers need to strictly comply with regulations on granting work permits to foreigners in Vietnam.
1. Tightening regulations on foreign workers
With the increasing demand for foreign workers, more and more foreign workers are applying to work at companies, enterprises and corporations in Vietnam. Therefore, a labor authority will grant an official certificate that allows its holder to work legally in Vietnam.
The issue of appraisal and licensing for foreign workers under Decree 152/2020/ND-CP is very tight, so many businesses that submit their documents will be returned to supplement. That leads to delays in the issuance and re-issuance of work permits for foreign workers.
According to the Labor law, the labor agency will review the application and return the result within 10 working days and 5 working days after receiving the complete application. However, according to reality, some companies need 2.5 months to complete the procedure and get a work permit.
2. Problems of foreign enterprises when preparing an application for a work permit
Currently, there are problems due to the fact that some foreign enterprises are not sure when preparing work permit-relating documents when carrying out work permit procedures. Specifically, the implementation of the explanation of the need to use foreign workers for the enterprise has not yet ensured the current regulations.
The format of document presentation is also not up to the regulations, lack of information, inaccurate information, many erasures, online and paper documents are not consistent…
Another topic that many international firms inquire about is the difficulties in demonstrating the job experience of foreign staff. Because, according to Article 9 of Decree 152/2020/ND-CP, one of the papers required for the post of expert is a university degree and a certificate indicating at least three years of professional experience in the field of training. We offer flexibility to allow businesses to submit previously issued work permits of experts as proof that they have ever satisfied the specialist condition.
3. Continuing to shorten the time to complete the work permit procedure
Recently, Ho Chi Minh City Department of Labour, War Invalids and Social Affairs has also shortened the time to handle administrative procedures, including: Report explaining/explaining changes in demand for foreign workers from 10 working days to 7 working days (shortening 30% of the processing time compared to the provisions of Decree No. 152/2020/ND-CP); work permit re-issuance shortened from 3 working days to 1 day.
At the same time, the Department of Labor, War Invalids and Social Affairs of Ho Chi Minh City will review and continue to propose to shorten the time to handle administrative procedures for two procedures: Extension of work permits and certification of foreigners. Foreigners who are not eligible for a work permit will be reduced from 5 working days to 3 working days in the near future.
The city government hopes that solving problems in the procedure for granting work permits for foreign workers, it will contribute to simplifying the process and creating the most favorable conditions for foreign experts to enter into Vietnam working market.
4. About us
HMLF is a Law Firm providing legal services to Enterprises especially FDI companies that want to invest in Vietnam. With a team of experts and enthusiastic staff – HMLF try to provide optimal solutions to bring customers satisfaction when experiencing legal services.
Harley Miller Law Firm “HMLF”
Head office: 14th floor, HM Town building, 412 Nguyen Thi Minh Khai, Ward 05, District 3, Ho Chi Minh City.
Phone number: 0937215585
Website: hmlf.vn Email: miller@hmlf.vn
