Answer:
According to the provisions of the Labour Code, the term of work permits of a foreign Employee is based on the LC term which are proposed to be signed, but must not exceed 2 years[1]. In principle, the term of work permits is usually granted comparable to the expected working period of foreign workers stated in the enterprise’s application for such work permits. Parties must be obliged to enter into the LC according to the contents of issued work permits. If the contents of the LC (including the content of the contract term) fail to be consistent with the contents of work permits, such work permits must be no longer effective.
Regarding the process of issuing work permits[2], at least 15 working days before the date the Employee being the foreigner to be expected to start working in Vietnam, the Employer must be required to submit a work permit application to the Department of Labour, Invalids and Social Affairs where the Employee being the foreigner expected to work. Within 05 working days from the day on which the application for a work permit is received from the enterprise, the competent Department of Labour, War Invalids and Social Affairs will issue a work permit for such foreign Employee. In case of refusing to issue a work permit, the Department of Labour, Invalids and Social Affairs will give feedback in writing and clarify the reason for such decision. After the foreign Employee is granted a work permit, the Employer and the foreign Employee must be required to enter into a written LC prior to the expected date of working of such foreign Employee. Thus, according to the above process, it can be seen that work permits will be issued before the date, on which fthe oreign Employee is expected to work and the parties will also have to enter into a LC on or before that date.
In practice, when applying for issuance of a work permit for a foreign Employee, the effective date of the work permit term recorded in Section 9 of the work permit form, must be usually calculated plus 10-15 days upon the date of issuance of such work permit by the authorities.
[1]Article 10.1 Decree No. 152/2020/ND-CP of the Goverment dated 30 December 2020
[2]Article 11 Decree No. 152/2020/ND-CP of the Goverment dated 30 December 2020
