Reliable and Expedited Work Permit Procedures in Bình Dương plays a crucial role for foreign workers. To ensure this process proceeds smoothly, strict compliance with the requirements and procedures is essential. Furthermore, professionalism is a key expectation from both foreign employees and enterprises operating in Bình Dương.
Law Firm No. 1 in Bình Dương provides essential information regarding work permits in Bình Dương. We invite you to explore the details through the article below.
- ures for Obtaining a Work Permit in Bình Dương
1.1 Conditions for Applying for a Work Permit in Bình Dương
For foreign workers seeking employment in Bình Dương, compliance with the prescribed conditions is critical. First and foremost, foreign individuals must be at least 18 years old and meet the health standards established by the Ministry of Health. Additionally, foreign workers must not be serving any criminal sentences, have unexpunged criminal records, or be under investigation for criminal liability in accordance with the laws of their home country or Vietnam.
For those applying for a second work permit in Bình Dương, foreign workers must hold a valid Vietnam visa for the duration of their employment, which must be sponsored by an active company based in Binh Duong.
Furthermore, foreign workers must meet the professional, technical, and skill-related qualifications and work experience required for the position. This includes specific requirements depending on the role, such as holding a university degree or higher and certified work experience for expert-level positions, or possessing vocational training certificates and verified experience for technical roles.
These conditions aim to ensure that foreign workers are sufficiently qualified and capable of performing their jobs efficiently and safely in Binh Duong
Learn more: Additional legal services for foreigners.
- Procedures for Obtaining a Work Permit in Binh Duong
2.1. Required Documents for a Work Permit Application in Binh Duong
Applying for a work permit for foreign workers requires the preparation of a complete dossier, including:
Application for a work permit: A written request for the issuance of the work permit.
Medical certificate: Original or certified copy, valid for 12 months.
Criminal record certificate: Original or certified copy, or a document verifying the worker’s criminal status.
Proof of job position: Original or certified copy of documents verifying the worker’s position, such as manager, executive director, expert, or technical worker, depending on the job requirements.
Photographs (4×6 cm): Two color photos taken within the last 6 months, with a white background.
Approval for the demand to employ foreign workers: Original or certified copy.
Passport: Certified copy, valid and unexpired.
Other relevant documents: Original or certified copies of documents related to the worker, such as intra-company transfers, economic, commercial, financial, or banking contracts, insurance agreements, and specific job positions.
Note: All documents issued by foreign authorities must be consularly legalized (unless exempt) and translated into Vietnamese with notarized certification.
2.2. Procedures for Applying for a Work Permit in Bình Dương
Before submitting the application for a work permit for foreign workers, the employer must first obtain approval for the employment of foreign workers from the Ministry of Labor, War Invalids, and Social Affairs (MOLISA) or the People’s Committee of Bình Dương Province. Once this approval is secured, the foreign worker or their employer may proceed with the application process for the work permit.
Step 1: Obtain a Criminal Record Certificate
Foreign workers must apply for a criminal record certificate from their home country or the Department of Justice in Bình Dương Province. The certificate must be issued within six months of the application date.
Step 2: Undergo a Health Check
Foreign workers may undergo a medical examination either in their home country or at a licensed medical facility in Bình Dương if they reside locally. The health certificate must be valid within 12 months from the date of issuance.
Step 3: Submit the Report on the Demand for Foreign Workers
The employer must submit a report explaining the need to employ foreign workers, including a written explanation and the company’s business registration certificate. This dossier must be submitted to the Bình Dương Department of Labor, War Invalids, and Social Affairs at least 30 days before the intended start date of employment. A response is issued within 10 days from the date of submission of a valid dossier.
Step 4: Apply for the Work Permit
The employer must submit the work permit application dossier, including:
- A written request for the issuance of the work permit.
- A valid medical certificate.
- A criminal record certificate.
- Documents and certificates proving qualifications and expertise.
- Color photos.
- Approval for the employment of foreign workers.
- A copy of the passport.
- A copy of the company’s business registration certificate.
The dossier must be submitted to the Binh Duong Department of Labor, War Invalids, and Social Affairs at least 15 days before the foreign worker is scheduled to begin work. The result is typically issued within 5 working days from the date of submission of a complete and valid dossier.
Note: Once the work permit is issued, the employer must fulfill additional requirements, including signing a labor contract, registering for health and social insurance for the foreign worker, and reporting on the status of foreign workers as required by law. Additionally, foreign workers may apply for a temporary residence card in Bình Dương, valid for up to two years based on the validity of the work permit.
2.3. Fees for Issuing Work Permits in Binh Duong
The fees for issuing work permits to foreign workers in Bình Dương are stipulated as follows:
- Issuance of a new work permit: 600,000 VND per permit.
- Reissuance of a work permit: 450,000 VND per permit.
- Extension of a work permit: 450,000 VND per permit.
In Binh Duong Province, the fees for issuing work permits to foreign workers are regulated under Resolution 72/2016/NQ-HĐND, which specifies the fee of 600,000 VND per permit. This resolution is enacted by the provincial People’s Council.
For cases where foreign workers face difficulties during the application process, they may consider utilizing work permit services to simplify the procedure.
- Penalties for Working Without a Work Permit
If foreign workers are employed without a valid work permit, both the employer and the foreign worker may be subject to penalties under Article 32 of Decree No. 12/2022/NĐ-CP.
For Foreign Workers:
- Fines range from 15 to 25 million VND.
- Foreign workers may also face deportation as per Point a, Clause 3, and Clause 5, Article 32 of Decree No. 12/2022/NĐ-CP.
For Employers:
- A fine of 30 to 45 million VND for employing 1 to 10 foreign workers without work permits.
- A fine of 45 to 60 million VND for employing 11 to 20 foreign workers without work permits.
- A fine of 60 to 75 million VND for employing 21 or more foreign workers without work permits.
Validity and Renewal of Work Permits:
According to the Labor Code 2019, a work permit in Bình Dương is valid for a maximum of 2 years. Employers and organizations may apply for work permits with flexible durations to suit their employment needs. The permit can be renewed once, but the total duration, including the extension, cannot exceed 2 years from the initial expiration date.
No.1 Law Firm in Bình Dương: Your Strategic Partner for Sustainable Business Growth
At No.1 Law Firm in Bình Dương, we are not just your legal service provider but your strategic partner in fostering sustainable growth for your enterprise. We understand that obtaining work permits is not merely a legal obligation but an opportunity to build a robust workforce. Our commitment is to ensure that the process is seamless and efficient, guiding you from start to finish until your new team members are successfully onboarded.
Let No.1 Law Firm in Bình Dương be your trusted partner, helping your business achieve continuous growth and success in your endeavors.
Work Permit Application Procedures in Bình Dương
The work permit application process is an essential step for foreign workers intending to work in Bình Dương. Below is a comprehensive overview of the procedures that foreign workers need to understand and comply with.
If you or your organization encounter difficulties or have any questions about work permits in Bình Dương, please do not hesitate to contact No.1 Law Firm in Bình Dương for professional advice and support.
Contact Us for Expert Legal Support
- Phone Numbers: 0942.979.111 | 058.9999.886
- Email: anhlinh.law@gmail.com
- Head Office: Floor 6.02, No. 77 Hoang Van Thai Street, Tan Phu Ward, District 7, Ho Chi Minh City, Vietnam.
- Bình Dương Branch: 144 bis Nguyen Van Tiet Street, Lai Thieu Ward, Thuận An City, Bình Dương Province, Vietnam.
- Bình Tân Support Center: Unit 4.09, Block B1, Green Town, Street No. 3, Binh Hung Hoa B Ward, Binh Tan District, Ho Chi Minh City, Vietnam.
For professional advice and smooth facilitation of work permit applications or other legal services, feel free to contact us at any of the above locations. No.1 Law Firm in Bình Dương is here to assist you every step of the way!
