A degree of proprietary knowledge, a manager/executive-level skill or a special skill are what foreign nationals be required to show to be assigned to work in Vietnam. You may convert from visitor status to work status while staying in Vietnam or as the work permit application is in process. This article will help you with full information about Work Permit Vietnam.
Before the application is approved and considered legal, foreign nationals cannot begin work. Foreign nationals who enter Vietnam for employment for a duration of three (3) months or more are required an MEBV (Multiple Entry Business Visa and Work Permit). The Work Permit application has to be sponsored by a company or entity registered and recognized in Vietnam. 20% of managers, executives and specialists of foreign companies with intra-company transferees from outside the country, according to Vietnamese law, should be composed of Vietnamese nationals.
What are the inclusion of managers and executives?
- Foreigners who directly control a foreign enterprise located in Vietnam
- Foreigners subject to general guidance only by shareholders and the board of directors of the enterprise
- Foreigners who do not participate directly in the provision of services
Specialists are described as foreign nationals with adequate experience in management, business administration, or product development. They should also be highly qualified or experienced in research, equipment management and technical knowledge.
Requirements for foreigners to apply for Work Permit Vietnam
To obtain a Work Permit in Vietnam, applicants should satisfy the following requirements:
- Be at least 18 years of age
- Health in good condition to satisfy the specific demands and requirements of the job
- Free of any criminal record or a national security offence, not currently facing criminal prosecution, or not serving a criminal sentence during assignment.
- Must be a specialist, manager, or executive.
Work Permit Vietnam Exemption
Of course, not everyone has to apply for Work Permit Vietnam. This kind of document also has exemption: Some foreign nationals are exempt from getting the Work Permit and can work in Vietnam holding only business visas. These individuals are:
- Foreigners who enter Vietnam to work for no more than three (3) months or to resolve emergency cases. Emergency cases are described as complex technical or technological incidents that affect or threaten to affect business activities and production to which its gravity cannot be managed adequately by Vietnam-based personnel. Foreign employees are required to submit their full name, passport number, nationality, job description and an employment contract copy indicating a period of no more than ninety (90) days to the Labor Department
- Members of a limited liability company having two or more members
- Members of the board of directors of a shareholding company
- Owners of a single-member limited liability company
- Employees that promote and market services belonging to foreign service suppliers
- Vietnam’s Ministry of Justice-certified practicing lawyers
Employees of foreign-based contractors and heads of foreign representative and branch offices were recently required the Work Permit. The Work Permit validity period lasts depending on the duration of assignment indicated in the employment contract, but no more than three (3) years. Renewals are also dependent on the employment contract, with a maximum of three (3) years for every renewal. Individuals can renew up to a maximum of three (3) times.
How to apply for Work Permit Vietnam?
You will need to do the following in order to apply for a work permit in Vietnam.
- Obtain a letter from your employer that confirms your position in the country.
- Prepare three passport photos.
- Go for a health check-up and get a certificate from a hospital in your home country or in Vietnam.
- Obtain a criminal record check from your home country.
- Prepare all the necessary documents along with application forms to submit to the Department of Labour in Vietnam.
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Can you get Work Permit Vietnam without a degree?
In fact, there are many teachers coming to Vietnam for teaching job do not have a degree.
Officially, you need a degree to obtain a work permit in Vietnam. You even need your Embassy to verify its legitimacy. However, there is a clause in the official rules for obtaining working status in Vietnam that accepts documented experience in lieu of a degree or diploma.
Here is the official word from the Labor Department of Vietnam:
For foreigners who are artisans of traditional trades or experienced in their professions, production execution and management but have no certificate or diploma of recognition, a written certification of at least five years experience in their profession, production execution and management issued by a competent foreign agency is required.
In case you are a teacher or else without a degree got their work permit based on experience, their schools even provided them with the documented proof of experience. Others pay a man to get them their work permit and others submit fake degrees.
The best thing for you if you do not have a degree is just to tell them the truth. If you are currently enrolled in a distance learning program then just tell them that. It will be enough right there as long as you can provide documentation proving that you are currently enrolled in school. You should not lie because you do not need to.
If the school currently employing you asks you to obtain a work permit then it means that they value you and are willing to sponsor your work permit application. They rarely ask unless they are certain that you would qualify. In conclusion, the advice given to you is to be honest and watch it happen without any worries.
No one is going to put you in Jail for teaching English without a degree. You can always use the 5 year-experience clause to get out of any hot water. Be creative!
Nowadays, teachers with Work Permit Vietnam make a lot more money than those without.
Work permit Vietnam amendments
Amendments to the Regulations Related to Work Permit/Certificate of Work Permit Exemption for Foreigners Working in Vietnam.
The government issued decree No. 140 (2018) on 8 October 2018, amending decrees related to investment and business conditions, and administrative procedures within the scope of management of the Ministry of Labour, Invalids and Social Affairs, which took effect on the same date.
Among the amendments, decree No. 140 revised some of the provisions applicable to work permits and certificates of work permit exemption for foreigners working in Vietnam. Notable changes are as follows.
Regarding the foreign labour usage plan:
- The written request for approval of foreign labour usage plan must be submitted to the provincial-level people’s committee, instead of the president of the provincial-level people’s committee as previously prescribed by decree No. 11 (2016);
- If the foreign employee is (i) chief representative of a representative office or head of a project office of an international organization or a non-governmental organization; or (ii) a relative of members of foreign diplomatic missions in Vietnam who are permitted to work according to international treaties to which Vietnam is a signatory, the employer is not required to request the approval of a foreign labour usage plan.
With respect to a certificate of work permit exemption:
- A foreign individual in charge of establishing a commercial presence in Vietnam will be exempt from obtaining a work permit, but will still be required to apply for a certificate of work permit exemption;
- Relative(s) of members of foreign diplomatic missions in Vietnam, who are permitted to work according to international treaties to which Vietnam is a signatory, are not required to apply for a certificate of work permit exemption.
What you should note about work permit Vietnam application?
- The copy of the employee’s passport or a substitute for passport, or other valid licences for international travel, is no longer required to be notarized;
- A work permit will be granted within five working days of receipt of the full application, instead of seven days as previously stipulated in decree No. 11
- The employer having the head office in a province and city but having representative offices or branches at another province and city is entitled to file the application at the Ministry of Labour, War Invalids and Social Affairs.