Decree No. 58-CP on granting work permits to foreigners working at enterprises and organizations in Vietnam

DECREE

Regarding the issuance of work permits for foreigners working at enterprises and organizations in Vietnam

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THE GOVERNMENT

Pursuant to the Law on the Organization of the Government dated September 30, 1992;

Pursuant to the Labour Code dated June 23, 1994;

At the proposal of the Minister of Labor, Invalids and Social Affairs,

DECREE: 

PART I

GENERAL PROVISIONS

Article 1.

1. Foreigners working in Vietnam must have a work permit in accordance with Clause 1, Article 133 and Clause 2, Article 184 of the Labor Code, which refers to individuals who do not hold Vietnamese nationality under the Nationality Law of Vietnam.

2. Vietnamese citizens residing abroad who come to work for enterprises and organizations in Vietnam must also obtain a work permit in accordance with this Decree.

Article 2. Enterprises and organizations (hereinafter referred to collectively as employers) that may employ foreign workers include entities established under the law and having legal personality as follows:

1. State-owned enterprises;

2. Enterprises with foreign investment capital, enterprises within export processing zones, industrial parks.

3. Enterprises belonging to other economic sectors;

4. Public service units operating under economic accounting systems;

5. Business and service organizations under state administrative agencies, armed forces, people's mass organizations, and other political and social organizations.

Article 3. This Decree does not apply to:

1. Foreigners working for state administrative agencies, Vietnamese political and social organizations, or individual Vietnamese citizens.

2. Foreigners serving as members of the Board of Directors, General Managers (Chairmen), Deputy General Managers (Deputy Chairmen) of foreign-invested enterprises in Vietnam;

3. Foreigners working for diplomatic agencies, consular agencies, representative offices of international organizations, non-governmental organizations from foreign countries, and representative offices of foreign economic, cultural, information, educational, and scientific organizations in Vietnam;

4. Foreigners employed under Article 2 of this Decree to address urgent difficulties;

5. Foreigners permanently residing in Vietnam, and foreign students studying in Vietnam.

Article 4. Foreigners working in Vietnam must comply with Vietnamese labor laws and be protected by Vietnamese labor laws, except where international treaties to which the Socialist Republic of Vietnam is a party provide otherwise.

Chapter II

CONDITIONS AND PROCEDURES FOR RECRUITING AND ISSUING WORK PERMITS TO FOREIGNERS WORKING IN VIETNAM

1. Employers may recruit foreign workers when there is a need for high-level technical expertise or management positions that cannot be filled by Vietnamese workers, while simultaneously having a plan to train Vietnamese workers to replace foreign workers.

Article 5.

2. The maximum duration for employing foreign workers is three years.

Foreign-invested enterprises requiring foreign workers must clearly explain this need in their investment project and must obtain approval from the competent authority issuing the investment license when reviewing the project. During the implementation of the project, if additional foreign workers are needed, they must explain the need to the reviewing agency and obtain written approval from that agency.

Article 6. 1. Domestic enterprises and organizations requiring foreign workers must submit an application for recruitment (including a clear explanation of the need, source of salary payment, and expected salary level, training and development plans for Vietnamese workers to replace foreign workers, and timeframes) and obtain written approval from the competent authority according to the following provisions:

Article 7.

For State-owned corporations with boards of directors, the application must be approved by the Chairman of the Board of Directors;

For other state-owned enterprises, the application must be approved by the head of the agency that issued the establishment decision for the enterprise;

For non-state-owned enterprises and collective economic organizations, the application must be approved by the People's Committee of the province or centrally-administered city;

For public service units operating under economic accounting systems, business and service organizations directly under state agencies, armed forces, people's mass organizations, or other political and social organizations, the application must be approved by the head of the agency or organization that issued the establishment decision.

2. Within ten days from the date of receipt of the application for recruiting foreign workers, the competent authority must respond regarding approval or disapproval for recruiting foreign workers.

Foreigners working in Vietnam must meet the following conditions:

Article 8. 1. At least eighteen years old;

2. Possessing professional qualifications, skills, and health suitable for job requirements as stipulated in Article 5 of this Decree;

3. Having no criminal record involving national security offenses as defined by Vietnamese law, no criminal record for other criminal offenses or currently being investigated for criminal responsibility, serving a sentence, or not yet having had their criminal record expunged according to Vietnamese and foreign laws.

Foreigners coming to work in Vietnam must be confirmed by the competent authority of the Ministry of Interior to meet the conditions specified in Point 3, Article 8 of this Decree.

Article 9. Employers recruiting Vietnamese citizens residing abroad who meet the conditions specified in Article 8 of this Decree may directly register with the Ministry of Labor, Invalids, and Social Affairs to obtain work permits without going through the competent authorities for review as provided in Articles 6 and 7 of this Decree.

Article 10. After recruitment and signing of the labor contract, the employer must submit three sets of application files to the Ministry of Labor, Invalids, and Social Affairs to apply for a work permit. Each set of files includes:

Article 11.

An application for a work permit for foreigners according to the form prescribed by the Ministry of Labor, Invalids, and Social Affairs;

Application for issuance of a Work Permit for foreigners according to the form prescribed by the Ministry of Labor, Invalids and Social Affairs.

A document from the competent authority allowing the recruitment of foreigners, except in cases stipulated in Article 10 of this Decree.

A copy of the establishment and operation permit of the employer.

b) Documents of the foreigner include:

An application for a work permit in Vietnam according to the form prescribed by the Ministry of Labor, Invalids, and Social Affairs;

A copy of the signed labor contract with the employer;

A copy of the certificate of professional qualifications and skills;

A health certificate from a Vietnamese health agency or from the country of which the person is a citizen, or from the last country of residence if the person is stateless.

Health certificate issued by a Vietnamese health authority or by the country of which the person is a citizen, or by the last country of residence if the person is stateless;

A curriculum vitae certified by the competent state authority of the country of which the person is a citizen, or the country where the person last resided if the person is stateless;

Three 3x4 photographs.

2. The documents specified in Clause 1 of this Article, when established and certified abroad, must be legalized by consular authentication and translated into Vietnamese; the translation, copy thereof must be certified by a Notary Public of Vietnam.

Article 12.

1. Within forty-five days from the date of receipt of complete and valid application files, the Ministry of Labor - Invalids and Social Affairs shall coordinate with relevant agencies to examine and respond to the applicant. In case of refusal to issue a work permit, the reasons must be clearly stated.

2. Foreign workers working in Vietnam for a period of three months or more shall be issued a work permit by the Ministry of Labor - Invalids and Social Affairs. The Ministry may delegate this authority to provincial Departments of Labor - Invalids and Social Affairs that meet the required conditions.

3. Foreign workers working in Vietnam for less than three months shall have their work permits issued by the provincial Departments of Labor - Invalids and Social Affairs under central municipalities, delegated by the Ministry of Labor - Invalids and Social Affairs.

Article 13.

1. The work permit shall be issued according to the duration of the signed labor contract.

2. In cases of necessity, the employer and foreign worker may agree to extend the signed contract but only once, with the extension period not exceeding the original contract duration and the total duration, including extensions, not exceeding three years. In such cases, the employer must submit an application for extension of the work permit, accompanied by an explanation, a copy of the extended labor contract, and the previously issued work permit to the Ministry of Labor - Invalids and Social Affairs at least thirty days before the expiration of the old labor contract.

Within fifteen days from the date of receipt of complete application files, the Ministry of Labor - Invalids and Social Affairs must respond to the applicant regarding the extension of the work permit.

3. Foreign workers working for less than three months as stipulated in Clause 3 of Article 12 of this Decree who require an extension of the labor contract shall also follow the provisions of Clause 2 of this Article.

Article 14. The work permit becomes invalid in the following cases:

1. The work permit expires;

2. The labor contract terminates prematurely;

3. The work permit is revoked by a competent state authority due to violation of Vietnamese laws;

4. The enterprise or organization using labor ceases operations due to dissolution, bankruptcy, revocation of business license by a competent state authority, expiration of the business license, or withdrawal of the business license by the enterprise owner;

5. The labor cooperation agreement or investment contract expires.

Article 15. The person granted a work permit must pay fees as prescribed by law.

The Ministry of Labor - Invalids and Social Affairs and the Ministry of Finance shall specify the fee amount, collection, and utilization of fees for issuing work permits.

Chapter III

IMPLEMENTING PROVISIONS

Article 16. Any organization or individual violating the provisions of the Labor Code and this Decree shall be subject to disciplinary action, administrative penalties, or criminal liability, depending on the severity of the violation, as provided by law.

Article 17. The Ministry of Labor - Invalids and Social Affairs shall promulgate and uniformly manage work permits.

Article 18. This Decree takes effect from the date of signature.

Abolish the provision regarding the issuance of work cards for foreign workers employed by enterprises with foreign invested capital under the Labor Regulations for Enterprises with Foreign Invested Capital issued together with Decision 233/HĐBT dated June 22, 1990 of the Council of Ministers (now the Government) and other provisions contrary to this Decree.

Article 19. Within six months from the effective date of this Decree, employers and foreign workers currently working in Vietnam who fall within the scope of application of this Decree and who do not yet have a work permit (except those who were issued a work card prior to the issuance of this Decree and whose work card has not expired) must apply for a work permit in accordance with the provisions of this Decree.

Article 20. The Ministry of Labor - Invalids and Social Affairs shall coordinate with relevant ministries and sectors to guide the implementation of this Decree.

Article 21. The Ministers, Heads of Ministries equivalent to Ministries, Heads of Governmental Agencies, Chairpersons of People's Committees of provinces and centrally governed cities are responsible for enforcing this Decree./.