Decision 1560/QD-LDTBXH 2023 administrative procedures amended under Decree 70/2023/ND-CP amending Decree 152/2020/ND-CP on foreign workers in Vietnam

DECISION

On the announcement of administrative procedures amended and supplemented under Decree No. 70/2023/ND-CP dated September 18, 202,3 of the Government, amending and supplementing a number of articles of the Government’s Decree No. 152/2020/ND-CP of December 30, 2020, on foreign workers in Vietnam and recruitment and management of Vietnamese workers working for foreign organizations and individuals in Vietnam

^{_________________________________}

THE MINISTER OF LABOR, INVALIDS AND SOCIAL AFFAIRS

Pursuant to Decree No. 62/2022/ND-CP dated September 12, 2022 of the Government defining the functions, tasks, powers and organizational structure of the Ministry of Labor, Invalids and Social Affairs;

Pursuant to Decree No. 63/2010/ND-CP dated June 8, 2010 of the Government on controlling administrative procedures; Decree No. 48/2013/ND-CP dated May 14, 2013 of the Government amending and supplementing a number of articles of the Decrees concerning control of administrative procedures; Decree No. 92/2017/ND-CP dated August 7, 2017 of the Government amending and supplementing a number of articles of the Decrees concerning control of administrative procedures;

At the request of the Director of the Department of Employment.

DECIDES:

Article 1. To announce together with this Decision the amended and supplemented administrative procedures in the field of employment within the scope of state management of the Ministry of Labor, Invalids and Social Affairs.

Article 2. This Decision takes effect from the date of signing.

Article 3. Director of the Department of Employment, Chief of the Ministry Office, Director of the Legal Department and Heads of relevant agencies and units shall implement this Decision./.

ADMINISTRATIVE PROCEDURES AMENDED AND SUPPLEMENTED IN THE FIELD OF EMPLOYMENT UNDER THE SCOPE OF THE STATE MANAGEMENT OF THE MINISTRY OF LABOR, INVALIDS AND SOCIAL AFFAIRS

(Attached to Decision No. 1560/QD-LDTBXH dated October 17, 2023 of the Minister of Labor, Invalids and Social Affairs)

PART I. LIST OF ADMINISTRATIVE PROCEDURES

PART II. SPECIFIC CONTENT OF EACH ADMINISTRATIVE PROCEDURE UNDER THE SCOPE OF THE STATE MANAGEMENT OF THE MINISTRY OF LABOR, INVALIDS AND SOCIAL AFFAIRS

A. CENTRAL ADMINISTRATIVE PROCEDURES

1. Procedure name: "Report explaining the need and change in demand for using foreign workers".

1.1. The implementation order:

Step 1: From January 1, 2024, employers' announcements of recruiting Vietnamese workers for positions expected to recruit foreign workers will be made on the E-Portal of the Ministry of Labor, Invalids and Social Affairs (Department of Employment) or the E-Portal of the Employment Service Center run by the Chairpersons of People’s Committees of provinces or centrally run cities within at least 15 days from the expected date of explanation report to the Ministry of Labor, Invalids and Social Affairs. The content of the recruitment announcement includes: position and job title, job description, quantity, requirements for qualifications, experience, salary, working time and location. After failing to recruit Vietnamese workers to positions requiring foreign ones, the employer is responsible for determining the need to employ foreign workers in accordance with law.

Step 2: At least 15 days in advance from the expected date of using foreign workers, employers (except contractors) shall determine the need to use foreign workers for each job position that Vietnamese workers cannot meet and report to the Ministry of Labor, Invalids and Social Affairs according to Form No. 01/PLI Appendix I issued with Decree No. 70/2023/ND-CP dated September 18, 2023 of the Government amending and supplementing a number of articles of the Government’s Decree No. 152/2020/ND-CP of December 30, 2020, on foreign workers in Vietnam and recruitment and management of Vietnamese workers working for foreign organizations and individuals in Vietnam (hereinafter referred to as Decree No. 70/2023/ND-CP).

During the implementation process, if there is a change in demand for using foreign workers in terms of position, job title, working form, quantity, location, the employer must report to the Ministry of Labor, Invalids and Social Affairs according to Form No. 02/PLI, Appendix I issued with Decree No. 70/2023/ND-CP at least 15 days in advance from the expected date of employing foreign workers.

Step 3: Within 10 working days from the date of receipt of the explanation report or report explaining changes in the need to use foreign workers, the Ministry of Labor, Invalids and Social Affairs has a document approving or disapproving the use of foreign workers for each job position according to Form No. 03/PLI, Appendix I issued with Decree No. 152/2020/ND-CP.

1.2. Methods of implementation: Via public postal service or online or directly to the Ministry of Labor, Invalids and Social Affairs (Department of Employment).

1.3. Components and number of dossiers:

- Components of the dossier:

Report explaining the need to employ foreign workers according to Form No. 01/PLI, Appendix I issued with Decree No. 70/2023/ND-CP or Report explaining changes in the need to use foreign workers according to Form No. 02/PLI, Appendix I issued with Decree No. 70/2023/ND-CP.

- Number of dossiers: 01 set.

1.4. Processing duration: 10 working days from the date of receipt of complete and valid dossiers according to regulations.

1.5. Subjects carrying out administrative procedures:

- International organizations, offices of foreign projects in Vietnam; Agencies and organizations authorized by the Government, Prime Minister, ministries and units to establish and operate in accordance with law;

- Representative offices, branches of enterprises, agencies and organizations permitted for establishment by the Government, Prime Minister, ministries, ministerial-level agencies and Government-attached agencies;

- State agencies, political organizations, socio-political organizations, socio-political-professional organizations, social organizations, socio-professional organizations run by the Government, the Prime Minister, ministries, ministerial-level agencies, and agencies under the Government allowing establishment;

- Non-business organizations and educational establishments permitted for establishment by the Government, Prime Minister, ministries, ministerial-level agencies, and Government-attached agencies;

- Working for one employer in many provinces and centrally run cities.

- In some cases, foreign workers do not have to submit a report explaining the need to use foreign workers or a report explaining changes in demand for using foreign workers:

+ The Head of a representative office, project or be primarily responsible for the operations of an international organization or foreign non-governmental organization in Vietnam;

+ Entering Vietnam for less than 03 months to offer services;

+ Entering Vietnam for a period of less than 03 months to handle incidents, technical situations, and complex technology affecting or posing a threat to production and business that Vietnamese and foreign experts currently in Vietnam are out of control;

+A foreign lawyer who has been granted a License to practice law in Vietnam in accordance with the Law on Lawyers;

+ Foreigners married to Vietnamese people and living in Vietnamese territory;

+ An owner or capital contributing member of a limited liability company with capital contribution value of VND 3 billion or more;

+ Chairperson of the Director Board or member of the Director Board of a joint stock company with capital contribution value of 3 billion VND or more;

+ Entering Vietnam to provide professional and technical consulting services or perform other tasks serving research, development, appraisal, monitoring, evaluation, management and program implementation, projects using official development assistance (ODA) according to regulations or agreements in treaties on ODA signed between competent agencies of Vietnam and foreign countries;

+ Licensed by the Ministry of Foreign Affairs to operate information and press activities in Vietnam in accordance with law;

+ Volunteers;

+ Entering Vietnam to work as a manager, executive director, expert or technical staff for less than 30 days and no more than 03 times in 01 year;

+ Entering Vietnam to implement international agreements signed by agencies and organizations at the central and provincial levels in accordance with law;

+ Pupils and students studying at schools and training facilities abroad reaching internship agreements with agencies, organizations and businesses in Vietnam; interns and trainees on Vietnamese ships.

+ Relatives of members of foreign representative agencies in Vietnam;

+ Having an official passport to work for state agencies, political organizations, or socio-political organizations;

+ The person being responsible for establishing a commercial presence;

+ Confirmed by the Ministry of Education and Training that foreign workers enter Vietnam to perform the following jobs:

Teaching and research;

Working as a manager, executive director, principal, or vice principal of an educational institution proposed to be established by a foreign diplomatic representative agency or intergovernmental organization in Vietnam.

1.6. Agency handling administrative procedures: Ministry of Labor, Invalids and Social Affairs (Department of Employment).

1.7. Result of implementing administrative procedures: Approval of job positions using foreign workers by the employer.

1.8. Charges: None.

1.9. Name of application and declaration form:

+ Report explaining the need to employ foreign workers (Form No. 01/PLI, Appendix I issued with Decree No. 70/2023/ND-CP).

+ Report explaining changes in demand for using foreign workers (Form No. 02/PLI, Appendix I issued with Decree No. 70/2023/ND-CP).

1.10. Requirements and conditions for implementing administrative procedures: Employers can identify the need to use foreign workers for each job position that Vietnamese workers cannot meet.

1.11. Legal basis of administrative procedures:

- Labor Code 2019;

- Decree No. 152/2020/ND-CP dated December 30, 2020, of the Government, on foreign workers in Vietnam and recruitment and management of Vietnamese workers working for foreign organizations and individuals in Vietnam;

- Decree No. 70/2023/ND-CP dated September 18, 2023 of the Government amending and supplementing a number of articles of the Government’s Decree No. 152/2020/ND-CP of December 30, 2020, on foreign workers in Vietnam and recruitment and management of Vietnamese workers working for foreign organizations and individuals in Vietnam.

Note: This procedure has been amended and supplemented in terms of implementation order; dossier components; implementation object; application form, declaration form, legal basis.

2. Procedure: "Issuance of work permits for foreign workers working in Vietnam".

2.1. The implementation order:

- Step 1: At least 15 days in advance from the date the foreign worker is expected to start working in Vietnam, the employer shall submit an application for a work permit to the Ministry of Labor, Invalids and Social Affairs (Department of Employment).

- Step 2: Within 05 working days from the date of receiving a complete application for a work permit, the Ministry of Labor, Invalids and Social Affairs shall issue a work permit to foreign workers according to Form No. 12/PLI, Appendix I issued with Decree No. 152/2020/ND-CP dated December 30, 2020 of the Government on foreign workers in Vietnam and recruitment and management of Vietnamese workers working for foreign organizations and individuals in Vietnam (referred to as Decree No. 152/2020/ND-CP). In case a work permit is not issued, there will be a written response clearly stating the reason.

The work permit is A4 size (21 cm x 29.7 cm), including 2 pages: Page 1 is blue, page 2 has a white background, blue pattern, and a star in the middle. Work permits are coded as follows: the codes of provinces and centrally run cities and the code of Ministry of Labor, Invalids and Social Affairs according to Form No. 16/PLI, Appendix I issued with Decree No. 70/2023/ND-CP; the last 2 digits of the issuance year of license; type of license (new issuance symbol 1; extension symbol 2; re-issue symbol 3); serial number (from 000.001).

In case the work permit is an electronic copy, it must comply with relevant legal regulations and meet the content according to Form No. 12/PLI Appendix I issued with Decree No. 152/2020/ND-CP.

2.2. Methods of implementation: Via public postal service or online or directly to the Ministry of Labor, Invalids and Social Affairs (Department of Employment).

2.3. Components and number of dossiers:

- Components of the dossier:

1. A written request for a work permit in accordance with Appendix I of Form No. 11/PLI, issued together with Decree No. 152/2020/ND-CP.

2. Health certificate or health examination certificate issued by a competent foreign medical agency or organization or issued by Vietnam is valid for a period of 12 months from the date of signing the health conclusion until the date of submitting the application or certificate of good health according to regulations of the Minister of Health.

3. Judicial history card or Document certifying that the foreign worker is not a person currently serving a penalty or having not had their criminal record erased or being prosecuted for criminal liability by a foreign country or issued by Vietnam.

Judicial history card or a document certifying that the foreign worker is not a person currently serving a penalty or having not had their criminal record erased or being currently prosecuted for criminal liability, issued within 06 months from the date of issuance to the date of application submission.

4. Papers and documents proving managers, executives, experts or technical staffs and some occupations are specified as follows:

- Papers proving managers, executives include the following 3 types:

+ Company charter or operating regulations of agencies, organizations or enterprises;

+ Business registration certificate or establishment certificate or establishment decision or other documents of equivalent legal value;

+ Resolution or Appointment Decision of agencies, organizations or enterprises.

- Papers proving experts, technical staffs include the following 2 types:

+ Diploma or certificate;

+ Documents confirming the number of experience years of experts and technical staffs from agencies, organizations, and enterprises abroad or issued work permit or a confirmation document showing ineligibility for a work permit that has been issued.

- Document proving the experience of a foreign football player or international transfer certificate (ITC) issued to foreign football players or a document from the Vietnam Football Federation confirming temporary or official registration for players of clubs belonging to the Vietnam Football Federation;

- Airplane pilot license issued by a competent Vietnamese agency or issued by a foreign competent agency and recognized by a Vietnamese competent agency for foreign pilots or a professional certificate allowing flight attendants to work on aircraft issued by the Ministry of Transport;

- Certificate of professional qualifications in the field of aircraft maintenance issued by a competent Vietnamese agency or by a foreign competent agency and recognized by a competent Vietnamese agency for foreign workers doing aircraft maintenance work.

- Certificate of professional competency or certificate of professional competency recognition issued by a competent Vietnamese agency to foreign seafarers;

- Certificate of high achievement in the field of sports and certified by the Ministry of Culture, Sports and Tourism for sports coaches or at least one of the following qualifications: B degree for football coaching from the Asian Football Confederation (AFC) or AFC level 1 goalkeeping coaching diploma or AFC level 1 fitness coaching diploma or AFC Level 1 Futsal coaching diploma or any equivalent foreign coaching diploma recognized by AFC;

- Diplomas issued by competent agencies meeting the standard qualifications according to the Education Law, Law on Higher Education, Law on Vocational Education and Regulations on organization and operation of foreign language and information technology centers issued by the Minister of Education and Training.

5. 02 color photos (size 4cm x 6cm, white background, straight face, bare head, no colored glasses), taken no more than 6 months before the date of application.

6. Document approving the need to employ foreign workers, except in cases where the need to use foreign workers is not required.

7. Certified copy of passport or copy of passport certified by the employer that is still valid in accordance with law.

8. Documents related to foreign workers, except in cases where foreign workers work under a labor contract:

- For foreign workers moving within an enterprise, there must be a document from the foreign enterprise sending them to work at that foreign enterprise's commercial presence in Vietnamese territory and documents proving that the foreign worker was recruited by that foreign enterprise before working in Vietnam for at least 12 consecutive months;

- For foreign workers entering Vietnam to perform various types of contracts or agreements on economics, trade, finance, banking, insurance, science and technology, culture, sports, education, vocational education and health, there must be a contract or agreement signed between the Vietnamese and foreign partners, including an agreement on foreign workers working in Vietnam;

- For foreign workers who are service providers under contract, there must be a service provision contract signed between the Vietnamese and foreign partners and documents proving that the foreign worker has worked for a foreign enterprise that has no commercial presence in Vietnam for at least 02 years;

- For foreign workers entering Vietnam to offer services, there must be a document from the service provider sending the foreign worker to Vietnam to negotiate service provision;

- For foreign workers working for foreign non-governmental organizations and international organizations in Vietnam that are allowed to operate in accordance with Vietnamese law, there must be a document from the agency or organization sending foreign workers to work for foreign non-governmental organizations or international organizations in Vietnam, except in the case of foreign workers working under a labor contract and operating license of a foreign non-governmental organization or international organization in Vietnam in accordance with law;

- For foreign workers that are managers, executives, experts, and technical staffs, there must be a document from a foreign agency, organization or enterprise sending a foreign worker to work in Vietnam and suitable for the expected job position or documents proving managers.

9. Application for work permit for some special cases:

- For foreign workers who have been granted a valid work permit want to work for another employer in the same job position and with the same job title as stated in the work permit, the application file for a new work permit must include: a confirmation paper from the previous employer that the employee is currently working, documents specified in Clauses 1, 5, 6, 7, 8 mentioned above and a certified copy of issued work permit.

- For foreign workers who have been granted a valid work permit want to change their job position or job title or form of work stated in their work permit in accordance with law but do not change employers, the application file for a new work permit must include the documents specified in Clauses 1, 4, 5, 6, 7 and 8 mentioned above and the work permit or a certified copy of the issued work permit.

- For foreign workers who are experts and technical staffs whose work permit has been granted and extended once want to continue working with the same job position and job title stated in the work permit, the application file for a new work permit must include the documents specified in Clauses 1, 2, 5, 6, 7, 8 mentioned above and a certified copy of the issued work permit.

10. Consular legalization and authentication of documents:

The documents specified in Clauses 2, 3, 4, 6 and 8 above are 01 original or a certified copy, must be consularly legalized if from a foreign country, except for cases exempted from consular legalization according to treaties that the Socialist Republic of Vietnam and related foreign countries are members or according to the principle of reciprocity or in accordance with law; translated into Vietnamese and notarized or authenticated according to Vietnamese law.

- Number of dossiers: 01 set.

2.4. Processing duration: 05 working days from the date of receipt of complete and valid dossiers according to regulations.

2.5. Subjects carrying out administrative procedures:

- International organizations, offices of foreign projects in Vietnam; Agencies and organizations authorized by the Government, Prime Minister, ministries and branches to establish and operate in accordance with law;

- Representative offices, branches of enterprises, agencies and organizations permitted to establish by the Government, Prime Minister, ministries, ministerial-level agencies and Government-attached agencies;

- State agencies, political organizations, socio-political organizations, socio-political-professional organizations, social organizations, socio-professional organizations permitted to establish by the Government, Prime Minister, ministries, a ministerial-level agency or Government-attached agency;

- Non-business organizations and educational establishments permitted to establish by the Government, Prime Minister, ministries, ministerial-level agencies, and Government-attached agencies.

- Working for one employer in many provinces and centrally run cities.

2.6. Department handling administrative procedures: The Ministry of Labor, Invalids and Social Affairs (Department of Employment).

2.7. Results of implementing administrative procedures: Work permit.

2.8. Charge: None.

2.9. Name of application and declaration form: Application form for a work permit according to form No. 11/PLI, Appendix I issued with Decree No. 152/2020/ND-CP.

2.10. Requirements and conditions for implementing procedures:

- Being 18 years old or older and having full civil capacity;

- Having professional qualifications, techniques, skills, and work experience; Have good health according to regulations of the Minister of Health;

- Not being a person currently serving a sentence or having not had the criminal record erased or being currently prosecuted for criminal liability according to foreign or Vietnamese law;

- Having a written approval of the need to employ foreign workers, except in cases where the need to employ foreign workers is not required.

2.11. Legal basis of administrative procedures:

- Labor Code 2019;

- Decree No. 152/2020/ND-CP dated December 30, 2020 of the Government regulating foreign workers working in Vietnam, recruitment and management of Vietnamese workers working for foreign organizations and individuals in Vietnam;

- Decree No. 70/2023/ND-CP dated September 18, 2023 of the Government amending and supplementing a number of articles of the Government’s Decree No. 152/2020/ND-CP of December 30, 2020, on foreign workers in Vietnam and recruitment and management of Vietnamese workers working for foreign organizations and individuals in Vietnam.

Note: This procedure has been amended and supplemented in terms of dossier components; legal basis.

3. Procedure name: "Re-issuance of work permits for foreign workers working in Vietnam”

3.1. The implementation order:

- Step 1: Submit application for reissuance of work permit to the Ministry of Labor, Invalids and Social Affairs (Department of Employment).

- Step 2: Within 03 working days from the date of receiving a complete application for re-issuance of a work permit, the Ministry of Labor, Invalids and Social Affairs (Department of Employment) shall re-issue the work permit. In case the work permit is not reissued, there will be a written response clearly stating the reason.

3.2. Methods of implementation: Via public postal service or online or directly to the Ministry of Labor, Invalids and Social Affairs (Department of Employment).

3.3. Components and number of dossiers:

- Components of the dossier:

1. Written request for reissuance of work permit by the employer according to Form No. 11/PLI Appendix I issued with Decree No. 152/2020/ND-CP.

2. 02 color photos (size 4 cm x 6 cm, white background, straight face, bare head, no colored glasses), taken no more than 6 months before the date of application.

3. An issued valid work permit:

a) In case the valid work permit is lost, there must be confirmation from the police office at the commune where the foreigner resides or a competent foreign agency in accordance with law;

b) In case of changing the content written on the work permit, there must be proof documents.

4. Documents specified in Clause 3 above must be originals or certified copies, except in cases that the work permit is lost, if the documents are issued by a foreign agency, they must be consularly legalized and translated into Vietnamese and notarized or authenticated, except for cases exempted from consular legalization according to treaties that the Socialist Republic of Vietnam and related foreign countries are members or according to the principle of reciprocity or the provisions of law.

- Number of dossiers: 01 set.

3.4. Processing duration: 03 working days from the date of receipt of complete and valid dossiers according to regulations.

3.5. Subjects carrying out administrative procedures:

- International organizations, offices of foreign projects in Vietnam; Agencies and organizations authorized by the Government, Prime Minister, ministries and units to establish and operate in accordance with law;

- Representative offices, branches of enterprises, agencies and organizations permitted by the Government, Prime Minister, ministries, ministerial-level agencies and Government-attached agencies to establish;

- State agencies, political organizations, socio-political organizations, socio-political-professional organizations, social organizations, socio-professional organizations permitted to establish by the Government, Prime Minister, ministries, a ministerial-level agency or Government-attached agency;

- Non-business organizations and educational establishments permitted by the Government, Prime Minister, ministries, ministerial-level agencies, and Government-attached agencies to establish;

- Working for an employer in many provinces and centrally run cities.

3.6. Department handling administrative procedures: The Ministry of Labor, Invalids, and Social Affairs (Department of Employment).

3.7. Administrative procedure result: Re-issuance of work permits for foreign workers.

3.8. Charges: None.

3.9. Name of application form: Application for the re-issuance of work permits for foreign workers (Form No. 11/PLI, Appendix I issued with Decree No. 152/2020/ND-CP).

3.10. Requirements and conditions for carrying out administrative procedures: The foreign worker who has been issued a work permit must meet one of the following conditions:

- The valid work permit is lost.

- The valid work permit is damaged.

- Changes in one of the following details: full name, nationality, passport number, workplace, change of enterprise name without changing the enterprise identification number recorded in the valid work permit.

3.11. Legal basis for administrative procedures:

- The 2019 Labor Code;

- Decree No. 152/2020/ND-CP dated December 30, 2020, by the Government, on foreign workers in Vietnam and recruitment and management of Vietnamese workers working for foreign organizations and individuals in Vietnam;

- Decree No. 70/2023/ND-CP dated September 18, 2023, by the Government, amending and supplementing a number of articles of the Government’s Decree No. 152/2020/ND-CP of December 30, 2020, on foreign workers in Vietnam and recruitment and management of Vietnamese workers working for foreign organizations and individuals in Vietnam.

Note: This procedure has been amended and supplemented concerning dossier components; subjects of implementation; requirements, conditions; legal basis.

4. Procedure Name: "Extension of Work Permits for Foreign Workers in Vietnam"

4.1. Procedure:

- Step 1: At least 5 days but not more than 45 days before the work permit expires, the applicant must submit an application for the extension of the work permit to the Ministry of Labor, Invalids and Social Affairs (Department of Employment).

- Step 2: Within 05 working days from the date of receipt of the complete application for work permit extension, the Ministry of Labor, Invalids and Social Affairs (Department of Employment) will extend the work permit. In case the work permit is not extended, a written response will be provided, stating the reasons.

For foreign workers working under a labor contract, after the foreign worker's work permit is extended, the employer and the foreign worker must sign a written labor contract in accordance with Vietnamese worker law before the expected date of continuing work for the employer.

The employer must send the signed labor contract upon request to the Ministry of Labor, Invalids and Social Affairs (Department of Employment). The labor contract must be an original or a certified copy.

4.2. Method of implementation: Through public postal services, online, or in person at the Ministry of Labor, Invalids and Social Affairs (Department of Employment).

4.3. Components and number of dossiers:

- Components of the dossier:

1. A written request from the employer for the extension of the work permit using Form No. 11/PLI, Appendix I issued with Decree No. 152/2020/ND-CP.

2. Two color photos (size 4 cm x 6 cm, white background, facing forward, head uncovered, no colored glasses), taken within 06 months from the date of application submission.

3. The currently valid work permit.

4. Written approval for the need to employ foreign workers, except in cases where it is not required to determine the need for foreign worker.

5. Certified copy of the passport or passport copy certified by the employer that is still valid as prescribed by law.

6. A health certificate or medical examination issued by a foreign or Vietnamese authorized health agency or organization, valid within 12 months from the date of the health examination until the application submission date, or a health certificate as prescribed by the Minister of Health.

7. One of the documents proving that the foreign worker continues to work for the employer as stated in the issued work permit, except in cases where the foreign worker is working under a labor contract:

- For foreign workers moving within an enterprise, there must be a document from the foreign enterprise sending them to work at its commercial presence in Vietnam and proof that the foreign worker has been recruited by that enterprise before working in Vietnam for at least 12 continuous months;

- For foreign workers entering Vietnam to execute various types of economic, commercial, financial, banking, insurance, scientific, technical, cultural, sports, education, vocational education, and medical contracts or agreements, there must be a contract or agreement signed between the Vietnamese and foreign partners, which includes an agreement on the work of the foreign worker in Vietnam;

- For foreign workers who are service providers under a contract, there must be a service provision contract signed between Vietnamese and foreign partners and proof that the foreign worker has worked for the foreign enterprise without a commercial presence in Vietnam for at least 02 years;

- For foreign workers entering Vietnam to offer services, there must be a document from the service provider sending the foreign worker to Vietnam to negotiate the provision of services;

- For foreign workers working for foreign non-governmental organizations or international organizations allowed to operate according to Vietnamese law, there must be a document from the agency or organization sending the foreign worker to work for the foreign non-governmental organization or international organization in Vietnam, except in cases where the foreign worker is working under a labor contract and the operating permit of the foreign non-governmental organization or international organization in Vietnam as prescribed by law;

- For foreign workers who are managers, executive directors, specialists, technical workers, there must be a document from the foreign agency, organization, or enterprise sending the foreign worker to work in Vietnam that matches the anticipated job position or proof of being a manager.

8. The documents specified in Clauses 3, 4, 6, and 7 above must be 01 original or a certified copy, if from a foreign country it must be consularly legalized, translated into Vietnamese, and notarized or certified, unless exempt from consular legalization according to a treaty of which the Socialist Republic of Vietnam and the relevant foreign country are members, or on a reciprocal basis, or as prescribed by law.

4.4. Processing duration: 05 working days from the day of receipt of the complete and valid dossier as prescribed.

4.5. Subjects carrying out administrative procedures:

- International organizations, offices of foreign projects in Vietnam, agencies, and organizations permitted by the Government, Prime Minister, ministries, and sectors to establish and operate as prescribed by law;

- Representative offices, branches of businesses, agencies, organizations allowed by the Government, Prime Minister, ministries, ministerial-level agencies, or Government-attached agencies;

- State agencies, political organizations, socio-political organizations, socio-political-professional organizations, social organizations, professional social organizations permitted to establish by the Government, Prime Minister, ministries, ministerial-level agencies, or Government-attached agencies;

- Non-business units, educational institutions permitted by the Government, Prime Minister, ministries, ministerial-level agencies, or Government-attached agencies to establish;

- Working for an employer in many provinces and centrally run cities.

4.6. Department handling administrative procedures: The Ministry of Labor, Invalids and Social Affairs (Department of Employment).

4.7. Administrative procedure result: Extension of the work permit for foreign workers.

4.8. Charges: None.

4.9. Name of the application form: Application for extension of the work permit using Form No. 11/PLI, Appendix I issued with Decree No. 152/2020/ND-CP.

4.10. Requirements and conditions for carrying out administrative procedures: The foreign worker who has been issued a work permit must meet one of the following conditions:

1. The issued work permit is valid for at least 05 days but not more than 45 days.

2. Approval from the competent agency for the need to use foreign worker.

3. Documents proving that the foreign worker continues to work for the employer as stated in the issued work permit.

4.11. Legal basis for administrative procedures:

- The 2019 Labor Code;

- Decree No. 152/2020/ND-CP dated December 30, 2020, of the Government, on foreign workers in Vietnam and recruitment and management of Vietnamese workers working for foreign organizations and individuals in Vietnam;

- Decree No. 70/2023/ND-CP dated September 18, 2023, by the Government, amending and supplementing a number of articles of the Government’s Decree No. 152/2020/ND-CP of December 30, 2020, on foreign workers in Vietnam and recruitment and management of Vietnamese workers working for foreign organizations and individuals in Vietnam.

Note: This procedure has been amended and supplemented concerning subjects of implementation; legal basis.

5. Procedure: “Confirmation that a foreign worker is exempt from a work permit.”

5.1. Procedure:

- Step 1: At least 10 days before the foreign worker begins work, the employer must request the Ministry of Labor, Invalids and Social Affairs (Department of Employment) to confirm that the foreign worker is exempt from a work permit.

- Step 2: Within 05 working days from the date of receipt of the complete application for confirmation, the Ministry of Labor, Invalids and Social Affairs (Department of Employment) issues a written confirmation that the foreign worker is exempt from a work permit according to Form No. 10/PLI, Appendix I of Decree No. 152/2020/ND-CP. If the confirmation is not granted, a written response will be provided, stating the reasons.

5.2. Method of implementation: Via public postal services, online, or in person at the Ministry of Labor, Invalids and Social Affairs (Department of Employment).

5.3. Components and number of dossiers:

- Components of the dossier:

1. A written request for confirmation that the foreign worker is exempt from a work permit using Form No. 09/PLI, Appendix I issued with Decree No. 152/2020/ND-CP.

2. A health certificate or medical examination issued by a foreign or Vietnamese authorized health organization or agency, valid for 12 months from the date of the health check to the submission date, or a health certificate as regulated by the Minister of Health.

3. Written approval for the employment of the foreign worker, except in cases where it is not necessary to determine the need for foreign worker.

4. Certified copy of the passport or passport copy certified by the employer that is still valid as prescribed by law.

5. Documents proving that the foreign worker is exempt from a work permit.

6. The documents specified at Points 2, 3, and 5 must be 01 original or a certified copy. If from a foreign country, they must be consularly legalized, translated into Vietnamese, and notarized or certified unless exempt from consular legalization according to a treaty to which the Socialist Republic of Vietnam and foreign country are contracting parties, on a reciprocal basis, or as prescribed by law.

- Number of dossiers: 01 set.

5.4. Processing duration: 05 working days from the date of receipt of the complete and valid dossier as prescribed.

5.5. Subjects carrying out administrative procedures:

- International organizations, offices of foreign projects in Vietnam; agencies, and organizations permitted by the Government, Prime Minister, ministries, and sectors to establish and operate as prescribed by law;

- Representative offices, branches of enterprises, agencies, organizations permitted to establish by the Government, Prime Minister, ministries, ministerial-level agencies, or Government-attached agencies;

- State agencies, political organizations, socio-political organizations, socio-political-professional organizations, social organizations, professional social organizations permitted to establish by the Government, Prime Minister, ministries, ministerial-level agencies, or Government-attached agencies;

- Non-business units, educational institutions permitted by the Government, Prime Minister, ministries, ministerial-level agencies, or Government-attached agencies to establish;

- Working for an employer in multiple provinces and centrally run cities.

5.6. Department handling administrative procedures: The Ministry of Labor, Invalids and Social Affairs (Department of Employment).

5.7. Administrative procedure result: Confirmation that a foreign worker is exempt from a work permit.

5.8. Charges: None.

5.9. Name of the application form: Application for confirmation that a foreign worker is exempt from a work permit (Form No. 9/PLI, Appendix I issued with Decree No. 152/2020/ND-CP).

5.10. Requirements and conditions for carrying out administrative procedures: The foreign worker falls under one of the following cases:

- Heads of representative offices or projects, or responsible for the operations of international organizations, foreign non-governmental organizations in Vietnam.

- Entering Vietnam for less than 3 months to handle incidents, technical or technological situations that are complex, causing impact, or potentially affecting production and business that Vietnamese experts and current foreign experts in Vietnam cannot handle.

- Foreign nationals married to Vietnamese citizens and residing in Vietnam.

- Cases as regulated by treaties to which the Socialist Republic of Vietnam is a member.

- Intra-corporate transferees within the scope of 11 service sectors in Vietnam's service commitment schedule with the World Trade Organization, including: business; information; construction; distribution; education; environment; finance; health; tourism; culture, entertainment; and transport.

- Entering Vietnam to provide professional and technical consulting services or to perform other tasks for research, compilation, appraisal, monitoring and evaluation, management, and implementation of programs and projects using Official Development Assistance (ODA) funds according to regulations or agreements in treaties on ODA signed between Vietnamese authorities and foreign countries.

- Granted permission by the Ministry of Foreign Affairs for information and press activities in Vietnam according to the law.

- Sent by a foreign competent agency or organization to Vietnam to teach or be a manager, executive director at educational institutions suggested by foreign diplomatic representations, intergovernmental organizations established in Vietnam; institutions and organizations established according to treaties that Vietnam has signed or participated in.

- Volunteers.

- Entering Vietnam to implement an international agreement that central or provincial agencies and organizations have signed according to the law.

- Students, trainees studying at foreign educational institutions who have agreements to intern at agencies, organizations, enterprises in Vietnam; trainees, apprentices on Vietnamese ships.

- Holders of official passports coming to work for state agencies, political organizations, socio-political organizations.

- Individuals responsible for establishing a commercial presence.

- Confirmed by the Ministry of Education and Training as foreign workers entering Vietnam to perform the following tasks:

 + Teaching, research;

 + Being a manager, executive director, principal, vice-principal of educational institutions proposed to be established in Vietnam by foreign diplomatic representations or intergovernmental organizations.

Cases that do not require confirmation procedure as a foreign worker exempt from a work permit, but must report to the Ministry of Labor, Invalids and Social Affairs (Department of Employment) where the foreign worker is expected to work, including information such as full name, age, nationality, passport number, name of the foreign employer, start and end date of employment, at least 3 working days before the foreign worker is expected to start working in Vietnam, include:

 + Entering Vietnam for less than 3 months to provide a service offer;

 + Foreign lawyers who have been granted a professional practice certificate in Vietnam according to the Law on Lawyers;

 + Owners or capital-contributing members of a limited liability company with a contributed capital value of 3 billion VND or more;

 + Chairperson of the Board or member of the Board of Directors of a joint-stock company with a contributed capital value of 3 billion VND or more;

 + Entering Vietnam to work in a managerial, executive director, expert, or technical labor position for a duration of less than 30 days and not more than 3 times in one year;

 + Relatives of members of foreign representative agencies in Vietnam who are allowed to work in Vietnam as stipulated in treaties to which the Socialist Republic of Vietnam is a contracting party.

5.11. Legal basis for administrative procedures:

- The 2019 Labor Code;

- Decree No. 152/2020/ND-CP dated December 30, 2020, of the Government on foreign workers in Vietnam and recruitment and management of Vietnamese workers working for foreign organizations and individuals in Vietnam;

- Decree No. 70/2023/ND-CP dated September 18, 2023, by the Government amending and supplementing a number of articles of the Government’s Decree No. 152/2020/ND-CP of December 30, 2020, on foreign workers in Vietnam and recruitment and management of Vietnamese workers working for foreign organizations and individuals in Vietnam.

Note: This procedure has been amended and supplemented regarding subjects of implementation; legal basis.

B. PROVINCIAL ADMINISTRATIVE PROCEDURES

1. Procedure Name: "Report explaining the need, changing the need to employ foreign workers."

- Step 1: Starting from January 1, 2024, employers must announce recruitment of Vietnamese workers for positions expected to be filled by foreign workers. This announcement is made on the e-portal of the Ministry of Labor, Invalids and Social Affairs (Department of Employment) or on the e-portal of the Employment Service Center as directed by the Chairperson of the People’s Committee of a province or centrally run city, for at least 15 days from the planned reporting date to the Department of Labor, Invalids and Social Affairs where the foreign worker is expected to work. The recruitment notice includes: position and job title, job description, number of vacancies, requirements regarding qualifications, experience, salary level, working time, and location. After failing to recruit Vietnamese workers for the positions intended for foreign workers, the employer is responsible for identifying the need to employ foreign workers.

- Step 2: At least 15 days before the planned use of foreign workers, employers (except contractors) are responsible for determining the need to employ foreign workers for each job position that Vietnamese workers have not yet met and report with an explanation to the Department of Labor, Invalids and Social Affairs where the foreign worker is expected to work using Form No. 01/PLI, Appendix I issued with Decree No. 70/2023/ND-CP. If there is a change in the need to employ foreign workers in terms of position, job title, form of work, number, location, the employer must report to the Department of Labor, Invalids and Social Affairs using Form No. 02/PLI, Appendix I issued with Decree No. 70/2023/ND-CP at least 15 days before the planned use of foreign workers.

- Step 3: Within 10 working days from the date of receiving the report explaining the need or the report explaining the change in the need to employ foreign workers, the Department of Labor, Invalids and Social Affairs will issue a written approval or disapproval for employing foreign workers for each job position using Form No. 03/PLI, Appendix I issued with Decree No. 152/2020/ND-CP.

1.2. Method of implementation: Via public postal services or online (if available) or directly at the Department of Labor, Invalids and Social Affairs where the foreign worker is expected to work.

1.3. Components and number of dossiers:

- Components of the dossier: Report explaining the need to employ foreign workers using Form No. 01/PLI, Appendix I issued with Decree No. 70/2023/ND-CP or report explaining the change in the need to employ foreign workers using Form No. 02/PLI, Appendix I issued with Decree No. 70/2023/ND-CP.

- Number of dossiers: 01 set.

1.4. Processing duration: 10 working days from the date of receipt of the complete and valid dossier as prescribed.

1.5. Subjects carrying out administrative procedures:

- Enterprises operating under the Enterprise Law, Investment Law, or according to treaties to which the Socialist Republic of Vietnam is a member.

- Enterprises operated under Enterprises Law, Investment Law or a treaty to which the Socialist Republic of Vietnam is a member, with headquarters in one province or city and representative offices or branches in other provinces or cities;

- Contractors participating in bidding or contract execution.

- Representative offices, branches of enterprises, agencies, organizations established by the Provincial-level People’s Committee or specialized agencies under the Provincial-level People’s Committee, District-level People’s Committees.

- Operating offices of foreign investors in business cooperation contracts or of foreign contractors registered to operate according to Vietnamese law;

- Legal practice organizations in Vietnam as prescribed by law;

- Cooperatives, union of cooperatives established and operating under the Cooperative Law;

- Business households, individuals allowed to conduct business according to legal regulations.

- State agencies, political organizations, socio-political organizations, socio-political-professional organizations, social organizations, professional social organizations established by the Provincial-level People’s Committee, specialized agencies under the Provincial-level People’s Committee, District-level People’s Committees.

- Working for employers at multiple locations within the same province or city under central authority.

- Foreign non-governmental organizations granted registration by competent Vietnamese authorities according to Vietnamese law.

- Non-business units, educational establishments established by the Provincial-level People’s Committee, specialized agencies under the Provincial-level People’s Committee, District-level People’s Committees.

- Some cases of foreign workers are exempt from performing the reporting procedure on the need for or changes in the need for employing foreign workers:

+ Heads of representative offices, projects, or responsible for the operations of international organizations, foreign non-governmental organizations in Vietnam;

+ Entering Vietnam for less than 3 months to offer services;

+ Entering Vietnam for less than 3 months to handle complex technical or technological incidents affecting or potentially affecting production and business that Vietnamese experts and current foreign experts in Vietnam cannot address;

+ Foreign lawyers who have been granted a professional law practice certificate in Vietnam as prescribed by the Law on Lawyers;

+ Foreign nationals married to Vietnamese citizens and living in Vietnam;

+ Owners or capital-contributing members of a limited liability company with a contributed capital value of 3 billion VND or more;

+ Chairperson of the Board or member of the Board of Directors of a joint-stock company with a contributed capital value of 3 billion VND or more;

+ Entering Vietnam to provide professional and technical consulting services or to perform other tasks for research, compilation, appraisal, monitoring and evaluation, management, and execution of programs and projects using Official Development Assistance (ODA) according to regulations or agreements in treaties on ODA signed between Vietnamese authorities and foreign countries;

+ Granted permission by the Ministry of Foreign Affairs for information and press activities in Vietnam according to the law;

+ Volunteers;

+ Entering Vietnam to work in a managerial, executive director, expert, or technical labor position for a period of less than 30 days and not more than 3 times in one year;

+ Entering Vietnam to implement an international agreement signed by central or provincial agencies and organizations according to the law;

+ Students, trainees studying at foreign educational institutions who have agreements to intern at agencies, organizations, enterprises in Vietnam; trainees, apprentices on Vietnamese ships;

+ Relatives of members of foreign representative agencies in Vietnam;

+ Holders of official passports coming to work for state agencies, political organizations, socio-political organizations;

+ Individuals responsible for establishing a commercial presence;

+ Confirmed by the Ministry of Education and Training as foreign workers entering Vietnam to perform the following tasks:

 Teaching, research;

 Being a manager, executive director, principal, vice-principal of educational institutions proposed to be established in Vietnam by foreign diplomatic representations or intergovernmental organizations.

1.6. Departments handling administrative procedures: The Department of Labor, Invalids and Social Affairs.

1.7. Administrative procedure result: Approval of job positions for the employment of foreign workers by the employer.

1.8. Charges: None.

1.9. Name of application form, declaration form:

- Report explaining the need for employing foreign workers (Form No. 01/PLI, Appendix I issued with Decree No. 70/2023/ND-CP).

- Report explaining the change in the need for employing foreign workers (Form No. 02/PLI, Appendix I issued with Decree No. 70/2023/ND-CP).

1.10. Requirements and conditions for carrying out administrative procedures: Employers must identify the need for employing foreign workers for each job position that Vietnamese workers have not yet met.

1.11. Legal basis for administrative procedures:

- The 2019 Labor Code;

- Decree No. 152/2020/ND-CP dated December 30, 2020, of the Government, on foreign workers in Vietnam and recruitment and management of Vietnamese workers working for foreign organizations and individuals in Vietnam;

- Decree No. 70/2023/ND-CP dated September 18, 2023, by the Government, amending and supplementing a number of articles of the Government’s Decree No. 152/2020/ND-CP of December 30, 2020, on foreign workers in Vietnam and recruitment and management of Vietnamese workers working for foreign organizations and individuals in Vietnam.

Note: This procedure has been amended and supplemented in terms of dossier components; subjects of implementation; forms, declaration forms; legal basis.

2. Procedure Name: “Request to recruit Vietnamese workers for positions intended for foreign workers.”

2.1. Procedure:

- Step 1: Before recruiting foreign workers, the contractor is responsible for declaring the number, qualifications, professional skills, and experience of the foreign workers needed to carry out the contract in Vietnam and requesting the recruitment of Vietnamese workers for the positions intended for foreign workers with the Department of Labor, Invalids and Social Affairs where the contractor carries out the contract using Form No. 04/PLI, Appendix I issued with Decree No. 152/2020/ND-CP.

If the contractor needs to adjust or supplement the number of workers already declared, the investor must confirm the adjusted or supplemented labor requirement plan of the contractor using Form No. 05/PLI, Appendix I issued with Decree No. 152/2020/ND-CP.

- Step 2: The Department of Labor, Invalids and Social Affairs directs local agencies and organizations to introduce and supply Vietnamese workers to the contractor or coordinate with other local agencies and organizations to do so. Within a maximum period of 02 months from the date of receiving a request for recruitment of 500 or more Vietnamese workers, and a maximum of 01 month from the date of receiving a request for recruitment of 100 to under 500 Vietnamese workers, and 15 days from the date of receiving a request for recruitment of under 100 Vietnamese workers, if the workers are not introduced or supplied to the contractor, the Department of Labor, Invalids and Social Affairs will consider and decide on the recruitment of foreign workers for positions that could not be filled by Vietnamese workers using Form No. 06/PLI, Appendix I issued with Decree No. 152/2020/ND-CP.

2.2. Method of implementation: Via public postal services or online (if available) or directly to the Department of Labor, Invalids and Social Affairs where the foreign worker is expected to work.

2.3. Components and number of dossiers:

- Components of the dossier: Request to recruit Vietnamese workers for positions intended for foreign workers using Form No. 04/PLI, Appendix I issued with Decree No. 152/2020/ND-CP or to adjust and supplement the demand for foreign workers using Form No. 05/PLI, Appendix I issued with Decree No. 152/2020/ND-CP.

- Number of dossiers: 01 set.

2.4. Processing duration: 02 months from the date of receiving a request for recruitment of 500 or more Vietnamese workers, a maximum of 01 month from the date of receiving a request for recruitment of 100 to under 500 Vietnamese workers, and 15 days from the date of receiving a request for recruitment of under 100 Vietnamese workers, from the day a complete and valid dossier is received as per regulations.

2.5. Subjects carrying out administrative procedures: Foreign contractors as employers.

2.6. Department handling administrative procedures: The Department of Labor, Invalids and Social Affairs where the contractor carries out the package.

2.7. Administrative procedure result: The decision to allow the contractor to recruit foreign workers for positions that could not be filled by Vietnamese workers.

2.8. Charges: None

2.9. Name of application form, declaration form:

- Request to recruit Vietnamese workers for positions intended for foreign workers using Form No. 04/PLI, Appendix I issued with Decree No. 152/2020/ND-CP

- Or adjustment and supplement the demand for foreign workers using Form No. 05/PLI, Appendix I issued with Decree No. 152/2020/ND-CP.

2.10. Requirements and conditions for carrying out administrative procedures: The contractor is responsible for declaring the number, qualifications, professional skills, and experience of the foreign workers needed to carry out the contract in Vietnam and requesting the recruitment of Vietnamese workers for the positions intended for foreign workers with the Department of Labor, Invalids and Social Affairs where the contractor executes the contract.

2.11. Legal basis for administrative procedures:

- The 2019 Labor Code;

- Decree No. 152/2020/ND-CP dated December 30, 2020, by the Government, on foreign workers in Vietnam and recruitment and management of Vietnamese workers working for foreign organizations and individuals in Vietnam;

- Decree No. 70/2023/ND-CP dated September 18, 2023, by the Government, amending and supplementing a number of articles of the Government’s Decree No. 152/2020/ND-CP of December 30, 2020, on foreign workers in Vietnam and recruitment and management of Vietnamese workers working for foreign organizations and individuals in Vietnam.

Note: This procedure has been amended and supplemented concerning the executing agency; legal basis.

3. Procedure: “Issuance of work permits for foreign workers in Vietnam.”

3.1. Procedure:

- Step 1: At least 15 days before the foreign worker is expected to start working in Vietnam, the applicant should submit a work permit application to the Department of Labor, Invalids and Social Affairs where the foreign worker is expected to work.

- Step 2: Within 05 working days from the date of receiving the complete work permit application, the Department of Labor, Invalids and Social Affairs where the foreign worker is expected to work issues the work permit to the foreign worker according to Form No. 12/PLI, Appendix I issued with Decree No. 152/2020/ND-CP. If the work permit is not issued, a written response stating the reasons will be provided.

The work permit is sized A4 (21 cm x 29.7 cm), consisting of 2 pages: the first page in blue and the second page with a white background, blue pattern, and a star in the middle. The work permit is numbered as follows: the province or city code under central authority and the code of the Ministry of Labor, Invalids and Social Affairs according to Form No. 16/PLI, Appendix I issued with Decree No. 70/2023/ND-CP, the last two digits of the year of issuance; type of permit (new issuance denoted by 1; extension by 2; re-issuance by 3); sequence number (from 000.001).

If the work permit is an electronic version, it must comply with relevant legal regulations and contain the content according to Form No. 12/PLI, Appendix I issued with Decree No. 152/2020/ND-CP.

3.2. Method of implementation: Via public postal services or online (if available) or directly to the Department of Labor, Invalids and Social Affairs where the foreign worker is expected to work.

3.3. Components and number of the dossier:

- Components of the dossier:

1. Written request for a work permit following Form No. 11/PLI, Appendix I, issued with Decree No. 152/2020/ND-CP.

2. Health certificate or medical examination certificate issued by a competent health organization from abroad or Vietnam, valid for 12 months from the date of health examination to the submission date, or a health certificate complying with the regulations of the Minister of Health.

3. Judicial record card or a document confirming the foreign worker is not serving a sentence, pending criminal charges, or criminal proceedings from a foreign country or Vietnam. It must be issued no more than 06 months from the date of issuance to the date of dossier submission.

4. Documents proving that the individual is a manager, executive, specialist, or technical worker, and certain professions and jobs are regulated as follows:

 - Documents proving the role of manager or executive include 3 types as follows:

 + Company charter or operation regulation of the agency, organization, or business;

 + Business registration certificate or certificate of establishment, decision of establishment, or other legally equivalent documents;

 + Appointment resolution or decision from the agency, organization, or business.

 - Documents proving the role of a specialist or technical worker include:

 + Degrees, certificates, or credentials;

 + Confirmation letters from foreign agencies, organizations, or businesses regarding the years of experience of specialists or technical workers, or already issued work permits or confirmations of exemption from requiring a work permit.

 - Documents proving the experience of foreign football players or the International Transfer Certificate (ITC) for foreign players, or a confirmation document from the Vietnam Football Federation regarding the temporary or official registration for players from a club belonging to the Vietnam Football Federation.

 - Flight crew licenses issued by a competent agency of Vietnam or a foreign country and recognized by the competent agency of Vietnam for foreign pilots, or a professional certificate allowing work on aircraft issued by the Ministry of Transport for flight attendants.

 - Certificates of professional competence in aircraft maintenance issued by a competent agency of Vietnam or a foreign country and recognized by the competent agency of Vietnam for foreign workers engaged in aircraft maintenance.

 - Certificates of professional competence or recognition of such certificates issued by a competent agency of Vietnam for foreign seafarers.

 - Recognition of high achievements in sports and confirmation from the Ministry of Culture, Sports and Tourism for sports coaches, or at least one of the following qualifications: AFC 'B' Coaching Diploma, AFC Level 1 Goalkeeping Coaching Certificate, AFC Level 1 Fitness Coaching Certificate, AFC Level 1 Futsal Coaching Certificate, or any equivalent foreign coaching qualification recognized by the AFC.

 - Diplomas issued by a competent agency that meet the standard level requirements according to the Law on Education, the Law on Higher Education, the Law on Vocational Education and the Regulation on the organization and operation of foreign language centers, informatics issued by the Minister of Education and Training.

5. Two color photographs (size 4cm x 6cm, white background, facing straight, without headwear, no colored glasses), taken no more than 06 months before the date of dossier submission.

6. Written approval of the need to use foreign workers, except in cases where it is not necessary to determine the need for foreign worker.

7. Certified copy of the passport or passport copy certified by the employer that is valid according to legal regulations.

8. Documents related to the foreign worker, except when the foreign worker works under a labor contract:

 - For intra-company transferred foreign workers, there must be documents from the foreign company sending them to work at their commercial presence in Vietnam and proof that the foreign worker has been employed by that foreign company before working in Vietnam for at least 12 consecutive months;

 - For foreign workers entering Vietnam to execute various contracts or agreements related to economics, trade, finance, banking, insurance, science and technology, culture, sports, education, vocational training, and health must have contracts or agreements signed between Vietnamese and foreign partners, including agreements on the foreign worker's employment in Vietnam;

 - For foreign workers who are service suppliers under contract, there must be service provision contracts signed between Vietnamese and foreign partners and documents proving the foreign worker has worked for the foreign business without a commercial presence in Vietnam for at least 02 years;

 - For foreign workers entering Vietnam to offer services, there must be documents from the service supplier sending the foreign worker to Vietnam to negotiate service provision;

 - For foreign workers working for foreign NGOs or international organizations in Vietnam permitted to operate under Vietnamese law, there must be documents from the agency or organization sending the foreign worker to work for the foreign NGO or international organization in Vietnam, except for cases regulated at Point a, Clause 1, Article 2 of this Decree, and the operation permit of the foreign NGO or international organization in Vietnam according to legal regulations.

 - For foreign workers who are managers, executives, specialists, or technical workers, there must be documents from the foreign agency, organization, or business sending the foreign worker to work in Vietnam that align with the anticipated job position or documents proving managerial status.

9. Work permit application dossier for special cases:

 - For foreign workers who have been issued a work permit that is still valid and wish to work for another employer at the same job position and with the same job title as specified in the work permit, the application includes a confirmation from the previous employer regarding the worker's current employment, documents specified in Clauses 1, 5, 6, 7, 8 mentioned above, and a certified copy of the issued work permit;

 - For foreign workers who have been issued a valid work permit and are changing their job position or title, or the form of work specified in the work permit according to legal regulations but not changing the employer, the new work permit application includes documents specified in Clauses 1, 4, 5, 6, 7, and 8 mentioned above, and the work permit or a certified copy of the issued work permit.

 - For foreign experts or technical workers who have been issued a work permit and have had it extended once and wish to continue working in the same job position and with the same job title as specified in the work permit, the new work permit application includes documents specified in Clauses 1, 2, 5, 6, 7, 8 mentioned above, and a copy of the issued work permit.

10. Consular legalization, certification of documents:

Documents specified in Clauses 2, 3, 4, 6, and 8 above must be either the original or a certified copy, and if they are from a foreign country, they must be consularly legalized, except in cases exempted from consular legalization according to treaties to which the Socialist Republic of Vietnam and the relevant foreign country are members, or according to the principle of reciprocity or according to legal regulations; translated into Vietnamese and notarized or certified according to Vietnamese law.

* Number of dossiers: 01 set.

3.4. Processing duration: The application is processed within 05 working days from the receipt of the complete and valid dossier as per the regulations.

3.5. Subjects carrying out administrative procedures include:

- Enterprises operating under the Enterprise Law, Investment Law, or treaties to which the Socialist Republic of Vietnam is a member.

- Enterprises operated under Enterprises Law, Investment Law or a treaty to which the Socialist Republic of Vietnam is a member, with headquarters in one province or city and representative offices or branches in other provinces or cities.

- Contractors participating in bidding and contract execution.

- Representative offices or branches of enterprises, agencies, and organizations established by provincial-level People’s Committees or specialized agencies under the provincial-level People’s Committees or district-level People’s Committees.

- The executive office of a foreign investor in a business cooperation contract or of a foreign contractor registered to operate as prescribed by law.

- Professional law practice organizations in Vietnam as prescribed by law.

- Cooperatives and cooperative unions established and operating under the Cooperative Law.

- Business households and individuals allowed to do business as prescribed by law.

- State agencies, political organizations, socio-political organizations, socio-political-professional organizations, social organizations, and socio-professional organizations established by provincial-level People’s Committees or specialized agencies under the provincial-level People’s Committees or district-level People’s Committees.

- Working for an employer at multiple locations within the same province or centrally run city.

- Foreign non-governmental organizations granted registration certificates by the competent Vietnamese authorities.

- Non-business units, educational institutions established by the provincial-level People’s Committees or specialized agencies under the provincial-level People’s Committees or district-level People’s Committees.

- Offering services.

- Individuals responsible for establishing a commercial presence.

3.6. Department handling administrative procedures: Department of Labor, Invalids and Social Affairs.

3.7. Result of the administrative procedure: Work Permit.

3.8. Charges: According to Circular No. 85/2019/TT-BTC dated November 29, 2019, of the Ministry of Finance guiding fees and charges under the competence of the Provincial-level People’s Councils, amended and supplemented under Circular No. 106/2021/TT-BTC dated November 26, 2021.

3.9. Name of the application form, declaration form: Application form for a work permit (Form No. 11/PLI, Appendix I issued with Decree No. 152/2020/ND-CP).

3.10. Requirements and conditions for carrying out administrative procedures:

- Must be at least 18 years old and have full civil act capacity.

- Have professional qualifications, skills, work experience, and health as prescribed by the Minister of Health.

- Not serving a sentence, not yet cleared of a criminal record, or not currently subject to criminal prosecution as per the regulations of foreign law or Vietnamese law.

- Have a written approval for the need to use foreign workers except for cases where it is not necessary to determine the need for foreign worker.

3.11. Legal basis for administrative procedures:

- 2019 Labor Code;

- Decree No. 152/2020/ND-CP dated December 30, 2020, by the Government, on foreign workers in Vietnam and recruitment and management of Vietnamese workers working for foreign organizations and individuals in Vietnam;

- Decree No. 70/2023/ND-CP dated September 18, 2023, by the Government, amending and supplementing a number of articles of the Government’s Decree No. 152/2020/ND-CP of December 30, 2020, on foreign workers in Vietnam and recruitment and management of Vietnamese workers working for foreign organizations and individuals in Vietnam.

Note: This procedure has been amended and supplemented concerning the implementation order and legal basis.

4. Procedure name: "Re-issuance of work permit for foreign workers in Vietnam"

4.1. Procedure:

- Step 1: The applicant submits a request for the re-issuance of a work permit to the Department of Labor, Invalids and Social Affairs where the foreign worker is expected to work.

- Step 2: Within 03 working days from the date of receiving the complete application for the re-issuance of a work permit, the Department of Labor, Invalids and Social Affairs where the foreign worker is expected to work will re-issue the work permit. If the work permit is not re-issued, a written response must be provided stating the reasons.

4.2. Method of implementation: Through public postal services or online (if available) or directly at the Department of Labor, Invalids and Social Affairs where the foreign worker is expected to work.

4.3. Components and number of dossiers:

- Components of the dossiers:

1. A written request for the re-issuance of a work permit from the employer according to Form No. 11/PLI Appendix I issued with Decree No. 152/2020/ND-CP.

2. 02 color photos (size 4 cm x 6 cm, white background, face forward, head uncovered, not wearing colored glasses), photo taken no more than 06 months from the date of application submission.

3. The work permit that is still valid and has been issued:

a) In case the work permit that is still valid is lost, a confirmation from the police authority at the commune-level where the foreigner resides or a competent agency from a foreign country as prescribed by law is required;

b) In case of changes to the contents recorded on the work permit, documents proving such changes must be provided.

4. Documents mentioned in item 3 above must be original or certified copies, except in the case of a lost work permit; if from a foreign country, they must be consularly legalized, translated into Vietnamese, and notarized or certified, unless consular legalization is waived under a treaty to which the Socialist Republic of Vietnam and the related foreign country are both members, or on a reciprocal basis, or as prescribed by law.

- Number of dossiers: 01 set.

4.4. Processing duration: 03 working days from the day of receiving a complete and valid application as prescribed.

4.5. Subjects of the administrative procedure:

- Enterprises operating under the Enterprise Law, Investment Law, or treaties of which the Socialist Republic of Vietnam is a member.

- Enterprises operating under the Enterprise Law, Investment Law, or treaties of which the Socialist Republic of Vietnam is a member, with a headquarters in one province or city and representative offices or branches in other provinces or cities.

- Contractors participating in bidding or executing contracts.

- Representative offices, branches of enterprises, agencies, organizations established by the Provincial-level People’s Committee, specialized agencies under the Provincial-level People’s Committee, District-level People’s Committee.

- Operating offices of foreign investors in business cooperation contracts or foreign contractors registered to operate according to Vietnamese laws;

- Organizations practicing law in Vietnam according to legal regulations;

- Cooperatives, Union of Cooperatives established and operating according to the Cooperative Law;

- Business households, individuals allowed to conduct business activities according to legal regulations.

- State agencies, political organizations, political-social organizations, socio-professional political organizations, social organizations, socio-professional organizations established by the Provincial-level People’s Committee, specialized agencies under the Provincial-level People’s Committee, District-level People’s Committee.

- Working for employers at multiple locations within the same central-affiliated province or city.

- Foreign non-governmental organizations granted registration by competent Vietnamese authorities according to the laws of Vietnam.

- Non-business units, educational institutions established by the Provincial-level People’s Committee, specialized agencies under the Provincial-level People’s Committee, District-level People’s Committee.

- Offering services.

- Individuals responsible for establishing a commercial presence.

4.6. Department handling administrative procedure: Department of Labor, Invalids and Social Affairs.

4.7. Result of the administrative procedure: Re-issuance of the work permit for foreign workers.

4.8. Charges: As prescribed in Circular No. 85/2019/TT-BTC dated November 29, 2019, of the Ministry of Finance guiding fees and charges under the competence of the Provincial-level People’s Councils, which was amended and supplemented in Circular No. 106/2021/TT-BTC dated November 26, 2021.

4.9. Names of application forms: Application for re-issuance of work permit (Form No. 11/PLI Appendix I issued together with Decree No. 152/2020/ND-CP).

4.10. Requirements and conditions for carrying out the administrative procedure: A work permit issued for the foreign worker must meet one of the following conditions:

1. The valid work permit is lost.

2. The valid work permit is damaged.

3. Change in any of the following contents: full name, nationality, passport number, place of work, change of enterprise name without changing the enterprise identification number recorded in the valid work permit.

4.11. Legal basis for the administrative procedure:

- 2019 Labor Code;

- Decree No. 152/2020/ND-CP dated December 30, 2020, by the Government, on foreign workers in Vietnam and recruitment and management of Vietnamese workers working for foreign organizations and individuals in Vietnam;

- Decree No. 70/2023/ND-CP dated September 18, 2023, by the Government, amending and supplementing a number of articles of the Government’s Decree No. 152/2020/ND-CP of December 30, 2020, on foreign workers in Vietnam and recruitment and management of Vietnamese workers working for foreign organizations and individuals in Vietnam.

Note: This procedure has been amended and supplemented regarding subjects performing the procedure; requirements, conditions; legal basis.

5. Procedure name: "Extension of work permits for foreign workers in Vietnam"

5.1. Procedure:

Step 1: At least 5 days but not more than 45 days before the work permit expires, the applicant submits the application for the extension of the work permit to the Department of Labor, Invalids and Social Affairs where the foreign worker is expected to work.

Step 2: Within 05 working days from the day of receiving the complete application for the extension of the work permit, the Department of Labor, Invalids and Social Affairs where the foreign worker is expected to work extends the work permit. In case the work permit is not extended, a written response will be provided stating the reasons.

For foreign workers employed under labor contracts, after the foreign worker's work permit is extended, the employer and the foreign worker must sign a written labor contract in accordance with the Vietnamese worker law before the expected date of continuing work for the employer.

The employer must send the signed labor contract upon request to the Department of Labor, Invalids and Social Affairs where the foreign worker is expected to work. The labor contract must be the original or a certified copy.

5.2. Method of implementation: Through public postal services or online (if available) or directly at the Department of Labor, Invalids and Social Affairs where the foreign worker is expected to work.

5.3. Components and number of dossiers:

- Components of the dossier:

1. A written request from the employer for the extension of the work permit in accordance with Form No. 11/PLI Appendix I issued together with Decree No. 152/2020/ND-CP.

2. 02 color photos (size 4 cm x 6 cm, with a white background, facing forward, head uncovered, not wearing colored glasses), taken not more than 06 months before the application submission date.

3. The valid work permit that has been issued.

4. A document of approval for the use of foreign workers, except for cases where the need to use foreign workers is not required.

5. A certified copy of the passport or a passport copy certified by the employer that is valid as prescribed by law.

6. A health certificate or medical examination paper issued by a competent medical organization or institution, foreign or Vietnamese, valid for a duration of 12 months from the date of the medical conclusion to the application submission date, or a certificate confirming good health as regulated by the Minister of Health.

7. One of the documents proving that the foreign worker continues to work for the employer according to the content of the already issued work permit except for foreign workers who work under labor contracts:

 - For foreign workers who are internally transferred within an enterprise, there must be a document from the foreign enterprise assigning them to work at its commercial presence in Vietnam and proof that the foreign worker has been employed by that foreign enterprise for at least 12 consecutive months before working in Vietnam;

 - For foreign workers entering Vietnam to perform contracts or agreements on economics, commerce, finance, banking, insurance, science and technology, culture, sports, education, vocational training, and health must have contracts or agreements signed between Vietnamese and foreign partners, which include an agreement for the foreign workers to work in Vietnam;

 - For foreign workers who are service providers under contract, there must be a service provision contract signed between Vietnamese and foreign partners and documents proving that the foreign worker has worked for the foreign enterprise without a commercial presence in Vietnam for at least 02 years;

 - For foreign workers entering Vietnam to offer services, there must be a document from the service provider assigning the foreign worker to Vietnam to negotiate the service provision;

 - For foreign workers working for foreign non-governmental organizations, international organizations in Vietnam allowed to operate under Vietnamese law, there must be a document from the agency, organization assigning the foreign worker to work for the foreign non-governmental organization, international organizations in Vietnam except for cases specified at Point a, Clause 1, Article 2 of this Decree and the operation license of the foreign non-governmental organization, international organizations in Vietnam as regulated by law;

 - For foreign workers who are managers, executives, experts, and technical workers, there must be a document from the agency, organization, foreign enterprise assigning the foreign worker to work in Vietnam appropriate for the anticipated job position or proof of being a manager.

8. The documents mentioned in Clauses 3, 4, 6, and 7 above must be an original or a certified copy. If from a foreign country, they must be consularly legalized and translated into Vietnamese and notarized or certified unless consular legalization is waived under a treaty to which the Socialist Republic of Vietnam and the related foreign country are members, or on a reciprocal basis, or as prescribed by law.

- Number of dossiers: 01 set.

5.4. Time limit for resolution: Within 05 working days from the day of receiving a complete and valid application as prescribed.

5.5. Subjects performing the administrative procedure:

- Enterprises operating under the Enterprise Law, Investment Law, or treaties to which the Socialist Republic of Vietnam is a member.

- Enterprises with a headquarters in one province or city and representative offices or branches in another province or city; operating under the Enterprise Law, Investment Law, or treaties to which the Socialist Republic of Vietnam is a member.

- Contractors participating in bidding or executing contracts.

- Representative offices, branches of enterprises, agencies, organizations established by the Provincial-level People’s Committee, specialized agencies under the Provincial-level People’s Committee, District-level People’s Committee.

- Operating offices of foreign investors under business cooperation contracts or foreign contractors registered to operate as per Vietnamese law.

- Legal practice organizations in Vietnam as prescribed by law.

- Cooperatives, Union of Cooperatives established and operating under the Cooperative Law.

- Business households, individuals permitted to conduct business activities as prescribed by law.

- State agencies, political organizations, socio-political organizations, socio-professional political organizations, social organizations, socio-professional organizations established by the Provincial-level People’s Committee, specialized agencies under the Provincial-level People’s Committee, District-level People’s Committee.

- Working for employers at multiple locations within the same central-affiliated province or city.

- Foreign non-governmental organizations granted registration by competent Vietnamese authorities as prescribed by laws of Vietnam.

- Non-business units, educational institutions established by the Provincial-level People’s Committee, specialized agencies under the Provincial-level People’s Committee, District-level People’s Committee.

- Offering services.

- Individuals responsible for establishing a commercial presence.

5.6. Administrative procedure handling agency: Department of Labor, Invalids and Social Affairs.

5.7. Result of the administrative procedure: Extension of the work permit for foreign workers.

5.8. Charges: As prescribed by Circular No. 85/2019/TT-BTC dated November 29, 2019, of the Ministry of Finance guiding fees and charges under the competence of the Provincial-level People’s Councils, which was amended and supplemented under Circular No. 106/2021/TT-BTC dated November 26, 2021.

5.9. Names of application forms: Application for extension of the work permit (Form No. 11/PLI Appendix I issued together with Decree No. 152/2020/ND-CP).

5.10. Requirements and conditions for carrying out the administrative procedure: The foreign worker who has been issued a work permit must meet one of the following conditions:

1. The issued work permit is still valid for at least 05 days but not more than 45 days.

2. Approved by the competent agency to meet the need for using foreign workers as stipulated in Article 4 or Article 5 of Decree No. 152/2020/ND-CP (amended and supplemented under Decree No. 70/2023/ND-CP).

3. Documents proving that the foreign worker continues to work for the employer according to the contents of the already issued work permit.

5.11. Legal basis for the administrative procedure:

- 2019 Labor Code;

- Decree No. 152/2020/ND-CP dated December 30, 2020, by the Government, on foreign workers in Vietnam and recruitment and management of Vietnamese workers working for foreign organizations and individuals in Vietnam;

- Decree No. 70/2023/ND-CP dated September 18, 2023, by the Government, amending and supplementing a number of articles of the Government’s Decree No. 152/2020/ND-CP of December 30, 2020, on foreign workers in Vietnam and recruitment and management of Vietnamese workers working for foreign organizations and individuals in Vietnam.

Note: This procedure has been amended and supplemented regarding the subjects performing the procedure; requirements, conditions; legal basis.

6. Procedure: "Confirmation that the foreign worker is exempted from work permit issuance."

6.1. Procedure:

- Step 1: At least 10 days before the foreign worker starts working, the employer must request the Department of Labor, Invalids and Social Affairs at the location where the foreign worker is expected to work to confirm that the worker is exempted from work permit issuance.

- Step 2: Within 05 working days from the day of receiving the complete request for confirmation of not being subject to work permit issuance, the Department of Labor, Invalids and Social Affairs at the location where the foreign worker is expected to work will issue a written confirmation that the worker does not fall under the category for work permit issuance according to Form No. 10/PLI Appendix I of Decree No. 152/2020/ND-CP as amended and supplemented. If the confirmation is not granted, a written response stating the reasons will be provided.

6.2. Method of implementation: The employer submits the application directly or sends it via postal services or through online public services (if available) to the Department of Labor, Invalids and Social Affairs.

6.3. Components and number of dossiers:

- Components of the dossier:

1. A written request for confirmation that the foreign worker is exempted from work permit issuance according to Form No. 09/PLI Appendix I issued together with Decree No. 152/2020/ND-CP as amended and supplemented.

2. A health certificate or medical examination paper issued by a competent health organization or institution, foreign or Vietnamese, valid for 12 months from the date of the health conclusion to the date of application submission, or a health certificate as prescribed by the Minister of Health.

3. A document approving the need for using foreign workers, except in cases where it is not required to determine the need for using foreign workers.

4. A certified copy of the passport or a passport copy with employer's confirmation that is valid as prescribed by law.

5. Documents proving that the foreign worker does not fall under the category for work permit issuance.

6. The documents mentioned at Points 2, 3, and 5 must be an original or a certified copy. If from a foreign country, they must be consularly legalized, translated into Vietnamese, and notarized or certified unless consular legalization is waived under a treaty to which the Socialist Republic of Vietnam and the related foreign country are both members, or on a reciprocal basis, or as prescribed by law.

- Number of dossiers: 01 set.

6.4. Time limit for resolution: Within 05 working days from the day of receiving a complete and valid application as prescribed.

6.5. Entities responsible for carrying out administrative procedures:

- Enterprises operating under the Enterprise Law, Investment Law, or treaties of which the Socialist Republic of Vietnam is a member.

- Enterprises operating under the Enterprise Law, Investment Law, or treaties of which the Socialist Republic of Vietnam is a member, having their headquarters in one province or city, but with representative offices or branches in other provinces or cities;

- Contractors participating in bidding, executing contracts.

- Representative offices, branches of enterprises, agencies, organizations established by the Provincial-level People’s Committees, specialized agencies under the Provincial-level People’s Committees, District-level People’s Committees.

- Operational offices of foreign investors in business cooperation contracts or of foreign contractors registered to operate in accordance with the laws;

- Organizations practicing law in Vietnam as prescribed by law;

- Cooperatives, union of cooperatives established and operating according to the Cooperative Law;

- Business households, individuals allowed to operate business as prescribed by law.

- State agencies, political organizations, socio-political organizations, socio-political-professional organizations, social organizations, professional social organizations established by the Provincial-level People’s Committees, specialized agencies under the Provincial-level People’s Committees, District-level People’s Committees.

- Working for employers at multiple locations within the same central-affiliated province or city

- Foreign non-governmental organizations granted registration by competent Vietnamese authorities as prescribed by Vietnamese law.

- Non-business units, educational institutions established by the Provincial-level People’s Committees, specialized agencies under the Provincial-level People’s Committees, District-level People’s Committees.

- Offering services.

- Individuals responsible for establishing a commercial presence.

6.6. Department resolving administrative procedures: Department of Labor, Invalids and Social Affairs.

6.7. Result of carrying out administrative procedures: Confirmation that the foreign worker does not belong to the category required to have a work permit.

6.8. Charges: None.

6.9. Name of application form, declaration form: Declaration form requesting confirmation that the foreign worker does not belong to the category required to have a work permit according to Form No. 9/PLI Appendix I issued with Decree No. 152/2020/ND-CP.

6.10. Requirements and conditions for implementing administrative procedures: The foreign worker belongs to one of the following cases:

- Head of a representative office, project, or in charge of the operations of an international organization, foreign non-governmental organization in Vietnam.

- Enter Vietnam for a term of less than 3 months to handle incidents, situations involving complex technical or technological issues that arise affecting or potentially affecting production, business that Vietnamese experts and foreign experts currently in Vietnam cannot handle.

- A foreign national married to a Vietnamese citizen and residing in Vietnam.

- Cases as prescribed by treaties to which the Socialist Republic of Vietnam is a member.

- Movement within an enterprise in the scope of 11 service sectors in Vietnam's service commitment schedule with the World Trade Organization, including: business; information; construction; distribution; education; environment; finance; health; tourism; cultural entertainment and transportation.

- Enter Vietnam to provide expert and technical advisory services or perform other tasks serving research, construction, appraisal, monitoring and evaluation, management, and implementation of programs, projects using official development assistance (ODA) sources as prescribed or agreed in treaties on ODA signed between competent agencies of Vietnam and foreign countries.

- Granted a press and information operation permit in Vietnam by the Ministry of Foreign Affairs in accordance with the laws.

- Sent by foreign authorities and organizations to Vietnam to teach or be a manager, executive director at educational institutions proposed by foreign diplomatic representative offices, intergovernmental organizations established in Vietnam; establishments and organizations established in accordance with treaties to which Vietnam has signed or participated.

- Volunteers.

- Enter Vietnam to perform international agreements signed by central or provincial agencies, organizations in accordance with the law.

- Students studying at educational institutions abroad who have agreements to intern at agencies, organizations, enterprises in Vietnam; cadets, trainees on Vietnamese ships.

- Hold an official passport to work for state agencies, political organizations, socio-political organizations.

- Individuals responsible for establishing a commercial presence.

- Confirmed by the Ministry of Education and Training as a foreign worker in Vietnam to perform the following tasks:

 + Teaching, researching;

 + Being a manager, executive director, principal, vice-principal of educational institutions proposed by foreign diplomatic representative offices or intergovernmental organizations established in Vietnam.

Cases not required to go through the procedure of confirming that foreign workers do not belong to the category required to have a work permit but must report to the Department of Labor, Invalids and Social Affairs where the foreign worker is expected to work the following information: full name, age, nationality, passport number, name of the foreign worker employer, start date and end date of work at least 3 days before the foreign worker is expected to start working in Vietnam, including:

 + Entering Vietnam with a term of less than 03 months to offer services;

 + A foreign lawyer who has been issued a Law Practice License in Vietnam as prescribed by the Lawyers' Law;

 + Being the owner or capital-contributing member of a limited liability company with a contributed capital value of VND 3 billion or more;

 + Being the Chairperson of the Board of Directors or a member of the Board of Directors of a joint-stock company with a contributed capital value of VND 3 billion or more;

 + Entering Vietnam to work in a managerial, executive, expert, or technical labor position for a period of less than 30 days and no more than 3 times in one year;

 + Relatives of members of foreign representative offices in Vietnam who are allowed to work in Vietnam as prescribed in treaties to which the Socialist Republic of Vietnam is a member.

6.11. Legal basis of the administrative procedure:

- The 2019 Labor Code;

- Decree No. 152/2020/ND-CP dated December 30, 2020, of the Government on foreign workers in Vietnam and recruitment and management of Vietnamese workers working for foreign organizations and individuals in Vietnam;

- Decree No. 70/2023/ND-CP dated September 18, 2023, of the Government amending and supplementing a number of articles of the Government’s Decree No. 152/2020/ND-CP of December 30, 2020, on foreign workers in Vietnam and recruitment and management of Vietnamese workers working for foreign organizations and individuals in Vietnam.

Note: This procedure has been amended and supplemented regarding the entities that carry it out; requirements, conditions; legal basis.

APPENDIX I¹

_______________________

¹ Appendix I issued with the Government’s Decree No. 152/2020/ND-CP dated December 30, 2020, on foreign workers in Vietnam and recruitment and management of Vietnamese workers working for foreign organizations and individuals in Vietnam, amended and supplemented under the Government Decree’s No. 70/2023/ND-CP dated September 18, 2023.

2 Form No. 01/PLI in Appendix I issued with the Government’s Decree No. 152/2020/ND-CP is replaced with Form No. 01/PLI under the Appendix issued with the Government’s Decree No. 70/2023/ND-CP.

3 Form No. 02/PLI in Appendix I issued with the Government’s Decree No. 152/2020/ND-CP is replaced with Form No. 02/PLI under the Appendix issued with the Government’s Decree No. 70/2023/ND-CP.

Form No. 01/PLI

To: ……………..(1)……………..

Information about the enterprise/organization: name, enterprise code/establishment license or registration number, establishing authority/organization, type of enterprise/organization (foreign-invested enterprise/domestic enterprise/agency, organization/contractor), total number of employees working at the enterprise/organization, including the number of foreign workers, address, telephone, fax, email, website, term of the business/operation license, business/operation fields requiring foreign worker, contact person of the enterprise/organization for necessary correspondence (telephone number, email).

Report explaining the need for employing foreign workers as follows:

1. Job Position 1: (Select one of the four job positions: manager/executive/director/specialist/technical worker).

 (i) Job title (as declared by the enterprise/organization, for example: accountant, construction supervisor...):

          (ii) Quantity (persons):

          (iii) Duration of employment (from day/month/year to day/month/year):

          (iv) Form of work (2):

          (v) Workplace (list specific locations (if any) and clearly state each location in order: house number, street, hamlet, village; commune/ward/town; district/town/provincial city; province/centrally run city):

          (vi) Reasons for employing foreign workers:

          - Situation of foreign worker employment at job position 1 (if any) (3):

          - Job position description, job title:

          - Required qualifications:

          - Required experience:

          - Other requirements (if any):

          - Reasons for not recruiting Vietnamese workers for the positions planned to employ foreign workers (4)

2. Job Position 2: (if any) (list as in item 1 above)

3. Job Position 3:... (if any) (list as in item 1 above)

(The enterprise/organization) hereby affirms that the information provided above is true. Should there be any discrepancies, (the enterprise/organization) shall be fully responsible before the law.

We request .... (5) to consider and approve.

Sincerely thanks./. 

Notes:

- (1), (5) Ministry of Labor, Invalids and Social Affairs (Employment Department)/Department of Labor, Invalids and Social Affairs of the province, city…

- (2) Specify the form of work according to the provisions of Clause 1, Article 2 of Decree 152/2020/ND-CP.

- (3) Specify the number of foreign workers, job positions and titles, work permits or confirmation of not being subject to work permit issuance, duration of work.

- (4) Specify the process of announcing recruitment of Vietnamese workers into positions planned to recruit foreign workers. Starting from January 1, 2024, the announcement of recruitment of Vietnamese workers into positions planned to recruit foreign workers will be on the E-portal of the Ministry of Labor, Invalids and Social Affairs (Employment Department) or the E-portal of the Employment Service Center established by the decision of the Chairperson of the People's Committee of the province, centrally run city; recruitment process, results of the selection of Vietnamese workers into positions planned to recruit foreign workers.

Form No 02/PLI

To: …………… (1) ……………….

Information about the enterprise/organization: name, business identification number/registration or establishment license number, establishing body/organization, type of enterprise/organization (foreign-invested enterprise/domestic enterprise/agency, organization/contractor), total number of employees working at the enterprise/organization, including the number of foreign workers, address, telephone, fax, email, website, term of the business/operational license, business/operational field that requires the use of foreign worker, contact person for the submission of the enterprise/organization’s documents for necessary contact (telephone number, email).

Report explaining the changes in the need for employing foreign workers as follows:

1. Job positions that have been approved and utilized (2)

2. Job positions requiring changes

2.1 Job Position 1: (Select one from the 4 job positions: manager/executive director/specialist/technical worker).

 (i) Job title (as declared by the enterprise/organization, for example: accountant, construction supervisor...):

 (ii) Quantity (number of people):

 (iii) Duration of employment (from day/month/year to day/month/year):

 (iv) Form of work (3):

 (v) Workplace (list specific locations (if any) and clearly state each location in the following order: house number, street, hamlet, village; commune/ward/township; district/town/provincial city; province/centrally run city):

 (vi) Reasons for employing foreign workers:

 - Current situation of foreign worker employment at job position 1 (if any) (4):

 - Description of the job position, job title:

 - Required qualifications:

 - Required experience:

 - Other requirements (if any):

 - Reasons for not recruiting Vietnamese workers for positions planned for foreign workers (5)

2.2 Job Position 2: (if any) (list as in item 1 above)

2.3 Job Position... (if any) (list as in item 1 above)

(The enterprise/organization) hereby declares that the information provided above is true. If found otherwise, (the enterprise/organization) shall bear full responsibility before the law.

Requesting… (6) to review and approve.

Sincerely thank you! 

Notes:

- (1), (6) Ministry of Labor, Invalids and Social Affairs (Department of Employment)/Department of Labor, Invalids and Social Affairs of the province, city…

- (2) Clearly state the job positions that have been approved by the Ministry of Labor, Invalids and Social Affairs (Department of Employment)/Department of Labor, Invalids and Social Affairs.

- (3) Specify the form of work according to the regulations in Clause 1, Article 2 of Decree 152/2020/ND-CP.

- (4) Clearly state the number of foreign workers, positions and job titles, work permits, or confirmation of not being subject to work permit issuance, and the duration of work.

- (5) Clearly state the recruitment process for Vietnamese workers into positions that are expected to recruit foreign workers. Starting from January 1, 2024, the recruitment announcement for Vietnamese workers into positions expected to recruit foreign workers must be posted on the E-portal of the Ministry of Labor, Invalids and Social Affairs (Department of Employment) or on the E-portal of the Employment Service Center established by the Chairperson of the Provincial-level or City People's Committees; including the recruitment process and the results of the selection of Vietnamese workers for the positions expected to recruit foreign workers.

Form No 03/PLI

To: (Name of the enterprise/organization)

In response to the request and the provided information in document number⁴.... (date/month/year) from (name of the enterprise/organization) and the approval of the Department of Labor, Invalids and Social Affairs⁵……… (if any),... (2) announces the following job positions for which (name of the enterprise/organization) is permitted to employ foreign workers:

I. APPROVED JOB POSITIONS

1. Job position (manager/executive director/specialist/technical worker); job title; number of people; duration of employment from (day/month/year) to (day/month/year), form of work, workplace.

2. Job position (if any) (manager/executive director/specialist/technical worker); job title; number of people; duration of employment from (day/month/year) to (day/month/year), form of work, workplace.

II. JOB POSITIONS NOT APPROVED

1. Job position (manager/executive director/specialist/technical worker); job title; number of people: ……………………………………………………….

Reason: …………………………………………………………………….

2. Job position (if any) (manager/executive director/specialist/technical worker); job title; number of people: ……………………………………………..

Reason: …………………………………………………………………….

(Name of the enterprise/organization) is responsible for complying with the legal regulations regarding foreign workers working in Vietnam./.

Notes:

(1), (2) Ministry of Labor, Invalids and Social Affairs (Department of Employment)/Provincial or City People's Committee...

(3) Director of the Department/General Director⁶.

_______________________

⁴ The phrase "According to the request in document number" is replaced with "According to the request and the content of information provided in document number" as regulated at Point k, Clause 13, Article 1 of Decree No. 70/2023/ND-CP.

⁵ The phrase "People's Committee of the province/city .............." is replaced with "Department of Labor, Invalids and Social Affairs..." as regulated at Point i, Clause 13, Article 1 of Decree No. 70/2023/ND-CP.

⁶ The phrase "Director of the Department/Chairperson of the Provincial-level People’s Committee" is replaced with "Director of the Department/General Director" as prescribed at Point k, Clause 13, Article 1 of Decree No. 70/2023/ND-CP.

Form No. 04/PLI

To: Department of Labor, Invalids and Social Affairs⁷_{......................}

The information about the contractor includes: the contractor's name, address registered in the country or territory of the contractor's nationality, telephone number, fax, email, website, bidding license, address of branches, representative offices, or operational offices in Vietnam, duration of the bidding package.

To implement the bidding package………………………….. , the contractor requests the recruitment of Vietnamese workers for positions initially planned for foreign workers as follows:

(Specify each job position (manager/executive director/specialist/technical worker), job title, quantity (number of people), professional qualifications, experience, salary level, location, and term of employment from (day/month/year) to (day/month/year)

Requesting the Department of Labor, Invalids and Social Affairs⁸…………………………… to direct related agencies and organizations to introduce and supply Vietnamese workers for the above-mentioned positions.

Sincerely!

_____________________

⁷ The phrase "Chairperson of the Provincial/City People's Committee..." is replaced with "Department of Labor, Invalids and Social Affairs..." as prescribed at Point l, Clause 13, Article 1 of Decree No. 70/2023/ND-CP.

8 The phrase "Chairperson of the Provincial/City People's Committee..." is replaced with "Department of Labor, Invalids and Social Affairs..." as prescribed at Point l, Clause 13, Article 1 of Decree No. 70/2023/ND-CP.

Form No. 05/PLI

To: Department of Labor, Invalids and Social Affairs⁹...

Pursuant to the request document number.......................... (date/month/year), and document number.......................... (date/month/year) of the Department of Labor, Invalids and Social Affairs¹⁰ of the province/city regarding the recruitment of foreign workers into positions that could not be filled by Vietnamese workers (if any) and the actual needs of the contractor.

(Information about the contractor includes: address registered in the country or territory where the contractor is nationalized, telephone number, fax, email, website, bidding license, address of the branches, representative offices or operational offices in Vietnam, duration of the bidding package).

(Contractor’s Name) requests the adjustment and supplementation of the demand for the use of foreign worker as follows:

1. Job position (manager/executive director/specialist/technical worker), quantity (number of people), job title, term of employment from (date/month/year) to (date/month/year), workplace that has been approved: ……………………………………………………………………………………

2. Job position (manager/executive director/specialist/technical worker), quantity (number of people), job title, term of employment from (date/month/year) to (date/month/year), workplace used (if any); reasons for why the job position was approved but not utilized (if any): ……………………………………………………………………………………

3. Job position (manager/executive director/specialist/technical worker), quantity (number of people), job title, term of employment from (date/month/year) to (date/month/year), workplace, reasons for the use of foreign worker (if there is a need for change, specify the current situation of foreign worker use (if any), describe the job position and the qualifications and experience requirements for the foreign worker……. ).

Requesting the Department of Labor, Invalids and Social Affairs¹¹ of the province/city……………… to direct related agencies and organizations to introduce and supply Vietnamese worker for……………………. for the aforementioned job positions.

Sincerely thank you!

__________________________

⁹ The phrase "Chairperson of the Provincial/City People's Committee..." is replaced with "Department of Labor, Invalids and Social Affairs…” as regulated at Point l, Clause 13, Article 1 of Decree No. 70/2023/ND-CP.

¹⁰ The phrase "Chairperson of the Provincial/City People's Committee..." is replaced with "Department of Labor, Invalids and Social Affairs…” as regulated at Point l, Clause 13, Article 1 of Decree No. 70/2023/ND-CP.

¹¹ The phrase "Chairperson of the Provincial/City People's Committee…" is replaced with "Department of Labor, Invalids and Social Affairs…” as regulated at Point l, Clause 13, Article 1 of Decree No. 70/2023/ND-CP.

Form No. 06/PL1

To: (Name of contractor)

Pursuant to the request in document number....(date/month/year) from (name of the contractor) and the report of (name of the agency, organization directed by the Department of Labor, Invalids and Social Affairs of the province/city to introduce and supply Vietnamese workers to the contractor), the Department of Labor, Invalids and Social Affairs of the province/city of…………………… announces the job positions that (name of the contractor) is allowed to recruit foreign workers for positions that cannot be filled by Vietnamese workers as follows:

I. APPROVED JOB POSITIONS

1. Job position (manager/executive director/specialist/technical laborer); job title; number of people; duration of work from (date/month/year) to (date/month/year), form of work, workplace.

2. Job position (if any) (manager/executive director/specialist/technical laborer); job title; number of people; duration of work from (date/month/year) to (date/month/year), form of work, workplace.

II. DISAPPROVED JOB POSITIONS

1. Job position (manager/executive director/specialist/technical laborer); job title; number of people): ………………………………………………………

Reason: …………………………………………………………………….

2. Job position (if any) (manager/executive director/specialist/technical laborer); job title; number of people: …………………………………………….

Reason: ……………………………………………………………………

(The contractor) has the responsibility to strictly comply with the legal regulations regarding foreign workers working in Vietnam./.

___________________________

¹² The term “Chairperson of the People's Committee of the province/city...” is replaced with “Department of Labor, Invalids and Social Affairs...” in accordance with Point l, Clause 13, Article 1 of Decree No. 70/2023/ND-CP.

¹³ The term “Chairperson of the People's Committee of the province/city...” is replaced with “Department of Labor, Invalids and Social Affairs...” according to the regulations at Point l, Clause 13, Article 1 of Decree No. 70/2023/ND-CP.

¹⁴ The term “Chairperson of the People's Committee of the province/city...” is replaced with “Department of Labor, Invalids and Social Affairs...” as regulated at Point l, Clause 13, Article 1 of Decree No. 70/2023/ND-CP.

¹⁵ The term “On behalf of the People’s Committee of province, city.../Chairperson” is replaced with “Director” in accordance with Point m, Clause 13, Article 1 of Decree No. 70/2023/ND-CP.

Form No. 07/PLI

REPORT ON THE USE OF FOREIGN WORKERS

(From date/month/year to date/month/year)

To: …………… (1) ……………….

Information about the enterprise/organization: name of the enterprise/organization, type of enterprise/organization (foreign-invested enterprise/domestic enterprise/agency, organization/contractor) address, phone, fax, email, website, business/license operation, business/operation field, representative of the enterprise/organization for contact when necessary (phone number, email).

Information about the contractor (if any) includes: name of the contractor, registered address in the country or territory where the contractor holds nationality, phone number, fax, email, website, bidding license, address of branch, representative office or executive office in Vietnam, bidding license, contract implementation duration.

Report on the recruitment, use, and management of foreign workers by (enterprise/organization) as follows:

1. Data on foreign workers of the enterprise, organization (accompanied by data tables).

2. Assessment, recommendations (if any).

Note: (1) The Ministry of Labor, Invalids and Social Affairs (Department of Employment)/Department of Labor, Invalids and Social Affairs of the province, city…(In cases where the enterprise/organization is subject to the issuance of work permits at the Ministry of Labor, Invalids and Social Affairs (Department of Employment), the report shall be sent to the Ministry and also to the Department of Labor, Invalids and Social Affairs of the province, city where the foreign workers work).

SUMMARY TABLE OF FOREIGN WORKERS

Attached to Report No.... date... month... year... of (name of business/organization)

Unit of measure: person

Note:

(*) (2) = (7) + (8) + (9) + (10) = (11) + (12) + (13) + (14).

(**) Column (17) Statistics of foreign workers working for enterprises and organizations categorized by: Foreign-invested enterprises; domestic enterprises; agencies/organizations; contractors.

(***) Column (6) total row = ∑((5)*(6))/∑(5).

Form No. 08/PLI

REPORT ON THE SITUATION OF FOREIGN WORKERS

FIRST 6 MONTHS OF THE YEAR……/YEAR……

To: Ministry of Labor, Invalids and Social Affairs (Department of Employment)

In implementation of the Government's Decree on foreign workers working in Vietnam and the recruitment and management of Vietnamese workers working for foreign organizations and individuals in Vietnam, the Department of Labor, Invalids and Social Affairs of the province/city…… reports on the situation of foreign workers in the first 6 months of the year……/year…… as follows:

I. GENERAL SITUATION ON FOREIGN WORKERS

1. The situation of approval for the use of foreign workers (specify the number, job positions approved at agencies, enterprises, organizations, and contractors).

2. The situation of work permit issuance (attach form, evaluate results achieved, existing problems, difficulties, and causes).

II. SOLUTIONS AND RECOMMENDATIONS

1. Solutions for managing foreign workers.

2. Recommendations.

REPORT ON THE SITUATION OF FOREIGN WORKERS
IN THE FIRST 6 MONTHS OF THE YEAR……/YEAR…….

(Attached to Report No... date... month... year... of...)

Unit of measure: person

Note:

(*) (2) = (7) + (8) + (9) + (10) = (11) + (12) + (13) + (14)= (17)+(18)+(19)+(20).

(***) Column (6) total row = ∑((5)*(6))/∑(5).

Form No. 09/PLI

To: ……………..(1)…………..

1. Name of the company/organization: ……………………………………

2. Type of company/organization (state enterprise/foreign-invested enterprise/private enterprise/organization ………………………………………

3. Total number of employees currently working at the company/organization: …………… people

Among them, the number of foreign workers currently working is: ………people

4. Address: ……………………………………………………………….

5. Telephone: …………………………………………

6. Email (if any) ……………………

7. Business license (operation) number: …………………………………

Issuing authority: ....……………………………… Valid until: …………………………

Business field (activity): …………………………………………

8. Person submitting the documents of the company/organization for contact when necessary (phone number, email): ……………………………………………………………….

Based on the document number....(date ... month ... year...) from… regarding the approval of the use of foreign workers, (the name of the company/organization) requests ……… (2) to confirm the following foreign workers are exempted from work permit issuance:

9. Full name: ……………………………………………………………….

10. Date of birth: ………………………

11. Gender (Male/Female): ………………

12. Nationality: ……………………………

13. Passport number: …………………………………

14. Issuing authority: ……………………………

15. Valid until: …………………….

16. Job position: ………………………………………………………..

17. Job title: …………………………………………………

18. Form of work: …………………………………………………….

19. Professional level (skill) (if any): …………………………….

20. Working at the company/organization: ………………………………

21. Place of work: ……………………………………………………

22. Duration of work: From (day... month ... year...)…to (day... month ... year...)…..

23. Cases of foreign workers exempted from work permit issuance (specify which category as defined in Decree No……………): ………………

24. Supporting documents attached (list the names of the documents): …………………………

(The company/organization) hereby affirms that the information stated above is true and accurate. If incorrect, (the company/organization) shall bear full responsibility before the law.¹⁶

Sincerely thanks!

Note: (1), (2) The Ministry of Labor, Invalids and Social Affairs (Employment Department)/Department of Labor, Invalids and Social Affairs of the province, city...

____________________

¹⁶ Adding the phrase “(The company/organization) hereby affirms that the information stated above is true and accurate. If incorrect, (the company/organization) shall bear full responsibility before the law” as prescribed at Point n, Clause 13, Article 1 of Decree No. 70/2023/ND-CP.

Form No. 10/PLI

CERTIFICATION OF EXEMPTION FROM WORK PERMIT

No:

3. Date of birth (day/month/year): …………………………………………………

5. Working at enterprise/organization: ……………………………………

6. Working place: ………………………………………………………

7. Job assignment: …………………………………………………………

8. Job title: …………………………………………………

9. Working form: ……………………………………………………

Reasons for exempted work permit: ………………

Note:

(1) Ministry of Labor, Invalids and Social Affairs (Department of Employment)/Department of Labor, Invalids and Social Affairs of provinces and cities…

(2) Director of the Department of Employment/Director of the Department of Labor, Invalids and Social Affairs of the province or city.

Form No. 11/PLI

To: ……………(1)……………..

1. Name of the company/organization: ……………………………………

2. Type of company/organization (state enterprise/foreign-invested enterprise/private enterprise/organization ………………………………………

3. Total number of employees currently working at the company/organization: …………… people

Among them, the number of foreign workers currently working is: ………people

4. Address: ……………………………………………………………….

5. Telephone: …………………………………………

6. Email (if any) ……………………

7. Business license (operation) number: …………………………………

Issued by: ....……………………… Valid until: …………………………

Business field (activity): …………………………………………

8. Person submitting the documents of the company/organization for contact when necessary (phone number, email): ……………………………………………………………………………………

Based on the document number....(date ... month ... year...) from… regarding the approval of the job position requiring foreign workers, (the name of the company/organization) requests to issue/re-issue/extend work permits for foreign workers, specifically as follows:

9. Full name (uppercase):  ………………………………………………

10. Date of birth: ………………………

11. Gender (Male/Female): ………………

12. Nationality: ……………………………

13. Passport/document valid for international travel no: …………………

Issued by: ……………………Valid until: …………………….

14. Professional qualifications (skills) (if any):……………………………

15. Working at the company/organization: ………………………………

16. Place of work: ……………………………………………………

17. Job position: ………………………………………………………..

18. Job title: …………………………………………………

19. Form of work: …………………………………………………….

20. Average salary/month: …………………………million VND¹⁷

21. Duration of work:

From (day... month ... year...)…to (day... month ... year...)…..

22. Registering place to receive a work permit:……………………………

23. Reason for request (only applicable in case of reissuance of work permit): ………………..………………………………………………………….

I. TRAINING PROCESS (2)

……………………………………………………………………………

II. WORK PROGRESS (3)

24. Workplace

- The 1^st workplace:

+ Location: ………………………………………………………

+ Position: …………………………………………………………

+ Title: ……………………………………………………

+ Duration of work:

From (day... month ... year...)…to (day... month ... year...)…..

- The 2^nd workplace: ………………………………………………………

+ Location: ………………………………………………………

+ Position: …………………………………………………………

+ Title: ……………………………………………………

+ Duration of work:

From (day... month ... year...)…to (day... month ... year...)…..

- The last or current workplace:………………………………

+ Location: ………………………………………………………

+ Position: …………………………………………………………

+ Title: ……………………………………………………

+ Duration of work: From (day... month ... year...)…to (day... month ... year...)……….

(The company/organization) hereby affirms that the information stated above is true and accurate. If incorrect, (the company/organization) shall bear full responsibility before the law.

Note:

(1) Ministry of Labor, Invalids and Social Affairs (Department of Employment)/Department of Labor, Invalids and Social Affairs of provinces and cities…..

(2), (3) Does not apply to cases of reissuing/extending work permits.

¹⁷ The phrase “20. Salary:…… VND” is replaced with the phrase “20. Average salary/month: …… million VND” according to the provisions of Point h, Clause 13, Article 1 of Decree No. 70/2023/ND-CP.

Form No. 12/PLI

Note: (1) Director of the Department of Employment (Ministry of Labor, Invalids and Social Affairs)/Director of the Department of Labor, Invalids and Social Affairs of the province or city….

Form No. 13/PLI

DECISION

Regarding the revocation of work permits of foreign workers ………….(2)………..

Pursuant to the Government's Decree No...., which regulates foreign workers in Vietnam and the recruitment and management of Vietnamese worker working for foreign organizations and individuals in Vietnam;

Pursuant to ………………………………………………………………………;

Following the proposal of ………………………………………………………;

DECIDES:

Article 1. To revoke the work permit of the following foreign worker:

1. Full name: ……………………………………..

2. Male (Female): …………………………..

3. Date of birth: ……………………

4. Nationality: ……………………………..

5. Working at (name of enterprise/organization): ………………………

6. Job position: …………………………………………………………

7. Job title: …………………………………………………

8. Work permit number issued: ……… dated..... month …… year ………

9. Duration of employment from (date... month... year...) to (date... month... year...): …………

Article 2. (Name of enterprise/organization) is responsible for revoking the work permit of the foreign worker stated in Article 1 of this Decision and submit to ... (3) within 03 days from the date of revocation of the work permit.

Article 3. This Decision shall take effect from the date of signature.

Article 4. The foreign worker mentioned in Article 1, the enterprise/organization mentioned in Article 2 shall implement this Decision./.

Note:

(1), (3) Ministry of Labor, Invalids and Social Affairs (Department of Employment)/Department of Labor, Invalids and Social Affairs of the province, city.

(2), (4) Head of the Department of Employment /Director of the Department of Labor, Invalids and Social Affairs of the province, city……

____________________

¹⁸ The phrase "Immigration Management Department (Ministry of Public Security)" is added in accordance with Point o Clause 13 Article 1 of Decree No. 70/2023/ND-CP.

Form No. 14/PLI

THE SOCIALIST REPUBLIC OF VIETNAM
Independence - Freedom - Happiness

--------------------

………….., date ….. month …. year……

FOREIGN WORKER MONITORING BOOK

Form No. 15/PLI

To: (Name of enterprise/organization)

Pursuant to the request in document number...(date... month... year...) from (name of enterprise, organization) regarding the confirmation of exemption from the issuance/re-issuance/extension of work permits for foreign workers, and in accordance with the legal provisions on the confirmation of exemption from the issuance/re-issuance/extension of work permits, (2)......... hereby notifies that the following foreign worker is not confirmed for exemption from the issuance/re-issuance/extension of work permits:

1. Full name: ……………………………………..

2. Male (Female): …………………………..

3. Date of birth: …………………………………………………….

4. Nationality: ……………………………………………………

5. Passport number/international travel document number: ………………

Issued by: ……………… Valid until: ……………………………………

6. Working at (name of enterprise/organization): …………………………

7. Work location: ……………………………………………………

8. Job position: ……………………………………………………………

9. Job title: …………………………………………………………………

10. Work permit number issued (if any): .... date....month ..... year ......................

11. Duration of employment from (date ... month ... year...) to (date ... month ... year):...............................

12. Reason: ………………………………………………………………

(3) ………………… informs (name of enterprise/organization) for acknowledgment and implementation./.

Note:

(1), (2), (3) Ministry of Labor, Invalids and Social Affairs (Department of Employment)/Department of Labor, Invalids and Social Affairs of provinces and cities......

(4) Director of the Department of Employment/Director of the Department of Labor, Invalids and Social Affairs of the province or city.

Form No. 16/PLI

CODE OF PROVINCES AND CENTRAL CITIES AND

CODE OF THE MINISTRY OF LABOR, INVALIDS AND SOCIAL AFFAIRS