From December 18, 2018, Circular 18/2018 / TT-BLDTBXH amends a circular related to administrative procedures within the scope of state management functions of the Ministry of Labor, Invalids and Social Affairs. On the basis of current legal bases, Hanoi International Relation Center (HIRC) summarizes the regulations and procedures for granting work permits to foreigners as follows:
  
Requirements for work permit certificate

• Civil legal capacity as prescribed by the law

• Good health in accordance with job requirements

• Manager, CEO, expert or technician

• Not a criminal or being prosecuted by the laws of Vietnam and foreign laws.

• Approval from authorized government agency about using foreign worker. 

  
The procedure of issuing work permit for foreign worker via online portal 

Step 1: Register foreign labor recruitment needs with the People's Committee of province/city

At least 30 days before the intended date of employing foreign workers, the employer (except the contractor) shall send a report explaining the demand for foreign workers to the Ministry of Labor, Invalids and Social Affairs or People’s Committee of the province (hereinafter referred to as approving agency).

In case of any change in the demand for foreign workers, the employer must send a report explaining the change to the approval agency at least 30 days in advance from the expected date of using the foreign worker. "
  

The dossier includes:

1. Prepare documentary as following form:

For employers who have never registered and received approval to use foreign workers: Write an application using the form 01 issued together with Circular 18/2018 / TT-BLĐTBXH revise the circular related to administrative procedures within the scope of state management functions of the Ministry of Labor - Invalids and Social Affairs
 For employers who have been approved to use foreign workers and have changed the demand for using foreign workers: Write an application according to form No.02, issued with Circular 18/2018 / TT-BLĐTBXH revise the circular related to administrative procedures within the scope of state management functions of the Ministry of Labor - Invalids and Social Affairs

2. Letter of introduction / authorization letter (In case the applicant is not the legal representative of the enterprise)

Submit location:
Submit directly at the 1-door Section(receive application then return result at the same place) of the approval agency or via website: http://dvc.vieclamvietnam.gov.vn
Processing time: 15 working days (for direct submission) and 12 working days (for online submission)
  

Step 2: Prepare application for work permit

In the process of waiting for the approval from People's Committee of province/city about recruitment of foreign labor workers. Workers should prepare the following documents:

The written letter to issue a work permit for the employer is specified in Clause 1, Article 10 of Decree No. 11/2016 / ND-CP according to Form No. 7 issued together with Circular 40/2016 / TT-BLDTBXH hereby guiding Decree 11/2016 / ND-CP guiding the Labor Code on foreign workers working in Vietnam issued by the Minister of Labor, Invalids and Social Affairs.

A medical certificate or a medical examination certificate issued by authorized medical agency from Viet Nam or abroad, valid for 12 months from the date of signing the health conclusion to the date of submission dossier.

Note: If a foreigner has a medical examination in Vietnam, he / she should be examined at one of the hospitals listed in the official dispatch No. 143 / KCB - PHCN & GD February 5, 2015 of the Department of Medical Examination and Treatment - The Ministry of Health issues the list of facilities eligible for health examination with foreign elements in accordance with Circular No. 14/2013 / TT-BYT.
  
3. A judicial record card or a document certifying that a foreign worker is not a criminal or being charged by any crimes. If a foreign worker has resided in Vietnam, only a criminal record issued by Vietnam is required

Note: Judicial record card up to the time of submission is not more than 06 months from the date of issue or before the expiry date written on the judicial record card.
   

4.  Documents proving to be a manager, executive director, expert or technical labor
 Documents proving to be manager or CEO includes
 There is a written certification that they are managers, executive directors of agencies, organizations or enterprises in foreign countries;
 University degree or higher or equivalent and have at least 03 years of professional work experience accordance with the job position that foreign workers are expected to work in Vietnam
 Proof of being an expert is one of the following documents:
 The written certification that the person is an expert of a foreign agency, organization or enterprise, including: the name of the agency, organization or enterprise; Information about the expert: full name, date of birth, nationality and occupation of the expert in accordance with the job position that the foreign worker is expected to work in Vietnam
 Proofs as prescribed at Point b, Clause 3, Article 3 of Decree No. 11/2016 / ND-CP. Include:
 There is a written certification that they are experts of agencies, organizations or enterprises in foreign countries;
 University degree or higher or equivalent and have at least 03 years of professional work experience accordance with the job position that foreign workers are expected to work in Vietnam
Documents proving that a person is a technician includes:
  Proofs or written certifications of overseas agencies, organizations or enterprises that have been trained in technical disciplines or other specialties for at least 01 year suitable to the job positions that Foreign workers are expected to work in Vietnam;