Question:
I want apply for work permit for foreigner working in Vietnam.
If you company can support us with this I would be grateful for information from your side regarding:
- Total amount required (cost for the services & license receiving etc.) and time necessary for license receiving.
Looking forward on your feedback.
Answer:
We understand that Client is now seeking legal advices to obtain work permit for foreigner working in Vietnam. We therefore are grateful to present you our Legal Services Proposal for your review and consideration.
- OUR PRELIMINARY COMMENTS
Under Vietnam Law, except for cases in which foreign employee are exempted from work permit, all foreign employee must obtain work permit to be employed in Vietnam. In order to obtain Work Permit, the Employer and Employee must satisfy following requirements:
a, Requirements for the employer:
According to Vietnam Labor Code, when hiring a foreign employee, the employer needs to satisfy the recruitment conditions as follows:
- The enterprises, agencies, organizations, individuals and contractors in the country are only entitled to recruit foreign citizen to work as manager, operating director, specialist and technical employee while Vietnamese employee has not meet the production and business demand.
- The foreign enterprises, agencies, organizations, individuals and contractors before recruiting employees who are foreign citizens to work in the territory of Vietnam must explain the demand for labor employment and be approved in writing from the competent state agency.
b, Requirements for the foreign employee:
According to applicable regulations on foreign worker in Vietnam, foreign employee needs to satisfy the following requirements:
- The worker is capable of civil acts as prescribed by law.
- The worker’s health is suitable for his or her job.
- The worker is a manager, executive officer, expert, or technician.
- The foreign workers that provide medical examination, medical treatment in Vietnam, or work in education and vocational training must meet the conditions for provision of medical examination, medical treatment, education and vocational training of Vietnam’s law.
- The worker is not a criminal or liable to criminal prosecution according to Vietnam’s law and the foreign country’s law.
- The employment of the foreign worker is approved in writing by a competent authority.
- SCOPE OF WORK
| Preparation of the application documents:
· Notifying application documents required in accordance with Vietnamese law; · Drafting application documents required for submission purpose; · Liaising with SB Law to discuss the draft application documents; · Amending the application documents based on your comments; · Obtaining preliminary comments from the licensing authority on the draft application documents; · Finalizing the application documents following comments from the licensing authority; and · Translating the final version of the application documents into Vietnamese for execution. |
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| Licensing procedures:
· Submitting the application dossier to the licensing authority on your behalf; · Monitoring and following up with the relevant authorities on the approval process; · Keeping your company updated on the developments and additional requirements, if any; and · Assisting you in obtaining Work Permit |
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TIMING
- Within 04 working days counted from your delivery of necessary documents and information as provided under legal services contract between SB Law and client, we shall transfer necessary documents to client for reviewing and signing.
- Within 20 working days from submission of legitimate application dossiers to Department of Labor, Invalids & Social Affaire (“DOLISA”), SB Law shall obtain approval letter for Explanation Letter for Foreign Labor Demand;
- Within 15 working days from obtainment of Approval for Explanation Letter for Foreign Labor Demand, SB Law shall obtain work permit for Client.
- PROFESSIONAL FEE
For scope of work as mentioned above, SB Law shall charge a lump sum VND 11,235,000 (Eleven million two hundred and thirty five Vietnam Dong)
Our fee excludes 10% VAT, expenditure for translation of documents provided by you from English into Vietnamese (200,000VND/150 words) and the fee for obtaining Criminal Record (7,794,000VND/ 1 Clean Criminal record) if the foreigner has been staying in Vietnam for more than 6 months.
Services fee shall be paid to SB Law as follows:
- Within 03 working days from the date of signing this contract, you will prepay for SB Law an advance payment equivalent to 60% of total service fee.
- The remained 40% of total service fee shall be paid upon obtaining Work Permit.
- You will immediately notify SB Law of when actual payment(s) will be made on the amount specified in the invoice(s). SB Law will start working only upon receipt of payment of the respective invoice(s). Alternatively, SB Law reserves the right to withdraw the service if payment is not received 10 days after the date of the invoice. Further, in the event payments are not received by the payable date, SB Law reserves the right to suspend services and/or levy and collect a late payment fee of 0.5% per month up to the date of receipt of payment by SB Law.
