Question 188. How are prevailing guidelines on online issuance of work permits to a foreign Employee performed?


Circular 23/2017/TT-BLDTBXH provides guidelines on: (i) reception of application files for approval on demand for employment of foreign Employees; (ii) issuance and re-issuance of work permits; (iii) certification that foreign Employees working in Vietnam fall out the category of work permit issuance via electronic networks. Although this Circular took effect on 02/10/2017, the authorities in several provinces and cities received application files for online work permit issuance to foreign Employees prior to its effective date.

The DOLISAs of Ho Chi Minh City and Da Nang City has made a trial run on the software relating to procedures for issuing work permits to foreign Employees and received positive results. Therefore the online application file for work permits is mandatory for enterprises. Additionally, lodging application files will not be accepted except for submission of original documents for comparisons, if necessary. However, in Binh Duong province, the competent authorities allow enterprises to decide their submission of application files to be online or direct in support of the enterprises.

Since each province or city has its own guidelines on online application for issuance of work permits to foreign Employees, the enterprises should contact the DOLISA of the locality where the application file is submitted for detailed instructions and pay attention to the following steps during online application:[1]

  • Fill in the declaration form and apply for a work permit to the work permit issuing authority via the web portal at least 07 working days in advance. From the date the foreign Employee is expected to start working;
  • Within 5 working days of receiving the declaration forms and apply for a work permit, the work permit issuing agency will give feedback by email to the applicant. If the declaration forms and application file for work permit is inconsistent with the law, the applicant will be required to properly supplement; and
  • After receiving a confirmation that application file for work permit is conforming to the law, the enterprise will submit the original application file for work permit to the work permit issuing agency to check, compare and retain it as regulated by law. Not later than 8 working hours from its receipt of the original application file for work permit, the work permit issuing agency must deliver processing result to the applicant.

The Enterprise may refer to the said information and contents for an overview of online application and issuance of work permits. In addition, the enterprise may consult local work permit issuing agency to ensure the related procedures are implemented in the simplest and most accurate manner.

[1] Articles 7.1, 7.2 and 7.3 of Circular 23/2017/TT-BLDTBXH of the MOLISA dated 15/08/2017