Friday, December 5, 2014

The conditions for the foreigner to be issued a work permit

Under the new legal regulations on work permit in Vietnam, the conditions for the foreigner to be issued a work permit are the following:
1. Have full legal capacity for civil acts as prescribed by law.
2. Be in good health as necessary to satisfy the job requirements.
3. Be a manager, executive director, expert or technician.
Foreigners practising in the medical examination and treatment sector, or directly engaged in medical examination and treatment in Vietnam, or working in the educational or vocational training sector must satisfy all conditions stipulated by the law of Vietnam for medical practice, education, or occupational training.
4. Not have a criminal record nor be subject to criminal prosecution pursuant to the law of Vietnam or foreign law.
5. Have a letter of consent from the competent State authority to employment of the foreigner.
Please also note the condition No. 5: A letter of consent from the competent State authority to employment of the foreigner. The Labor Code 2012 of Vietnam requires the employer to submit a yearly plan for the use of foreign employee and only when being approved by the competent state authority, the company will then be allowed to recruit a foreigner. Without this approval, the employer does not allow to recruit the foreign employee.