Online Issuing Work Permits to Expats
On August 15, 2017, MOLISA issued Circular No.23/2017/TT-BLDTBXH guiding the online issuance of work permits for expats working in Vietnam (which will take effect from October 02, 2017) (“Circular 23”). According to Circular 23, the employers shall carry out the following procedures online at http://dvc.vieclamvietnam.gov.vn.: (i) obtaining the approval for the demand of employing the expats, (ii) obtaining the new/re-issued work permits and (iii) obtaining confirmation on work permits exemption.
The online procedures consist of 02 steps:
(1) The employer declares and submits the application file online.
(2) After receiving the result stating that the application file submitted online complies with the law, the employers shall submit, directly or by post, the original application file to the licensing authority for checking, comparing and filing in accordance with the law. Within 08 working hours upon receiving the original application file, the licensing authority shall deliver the result to the employers. The employers can receive the result directly or by post at the registered address.
When Circular 23 is applied, the time for performing some procedures is shortened. Below is a table comparing the time for performing the procedures in traditional method with that in online method, specifically:
| No. | Name of procedure | Traditional method | Online method |
|---|---|---|---|
| 1 | Submitting the explanation on the demand for employing the expats. | At least 30 days prior to the expected day of employing the expats. | At least 20 days prior to the expected day of employing the expats. |
| 2 | Handling the explanation on the demand for employing the expats. | Within 15 days from the day of receiving the explanation, the labor management authority shall notify the employer of the approval for employing the expats. | Within 12 days from the day of receiving the declaration form and the explanation in compliance with the law, the approving authority shall notify the result to the employer via email. Within 08 working hours upon receiving the original explanation, the approving authority shall deliver the result to the employer. |
| 3 | Submitting the application file for work permit. | At least 15 working days prior to the expected starting day of work of the expats. | At least 07 working days prior to the expected starting day of work of the expats. |
| 4 | Handling the application file for work permit. | Within 07 working days from the day of fully receiving the application file for work permit, the labor management authority shall issue the work permit for the expats. | Within 05 working days from the day of receiving the declaration form and the application file for work permit in compliance with the law, the licensing authority shall notify the result to the employer via email.
Within 08 working hours upon receiving the original application file for work permit, the licensing authority shall deliver the result to the employer. |
| 5 | Handling the application file for re-issued work permit. | Within 03 working days from the day of fully receiving the application file for re-issued work permit, the licensing authority shall re-issue the work permit. | Within 03 working days from the day of receiving the declaration form and the application file for re-issued work permit in compliance with the law, the licensing authority shall notify the result to the employer via email.
Within 08 working hours upon receiving the original application file for re-issued work permit, the licensing authority shall deliver the result to the employer. |
| 6 | Submitting the application file for confirmation on work permit exemption. | At least 07 working days prior to the starting day of work of the expats. | At least 05 working days prior to the expected starting day of work of the expats. |
| 7 | Handling the application file for confirmation on work permit exemption. | Within 03 working days from the day of fully receiving the application file for confirmation on work permit exemption, the labor management authority shall issue the confirmation to the employer. | Within 03 working days from the day of receiving the declaration form and the application file for the confirmation on work permit exemption in compliance with the law, the licensing authority shall notify the result to the employer via email.
Within 08 working hours upon receiving the original application file for the confirmation on work permit exemption, the licensing authority shall deliver the result to the employer. |
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