New Labor Registration Requirements for Enterprises

1. Legal basis for the administrative procedures:

• Section V, Chapter XI of the Labor Code dated June 23, 1994, and the Law amending and supplementing several articles of the Labor Code dated April 2, 2002.
• Decree No. 34/2008/ND-CP dated March 25, 2008 of the Government on the recruitment and management of foreigners working in Vietnam.
• Decision No. 54/2005/QD-BTC dated August 4, 2005 of the Ministry of Finance on the fee schedule for issuing work permits to foreigners working in Vietnam.
• Decision No. 1414/1997/QD-BLDTBXH dated November 17, 1997 on the delegation of certain labor management responsibilities to the Management Boards of industrial parks, export processing zones, and high-tech parks in provinces and centrally-governed cities.
• Circular No. 08/2008/TT-BLDTBXH dated June 10, 2008 of the Ministry of Labor, War Invalids and Social Affairs, providing guidance on the implementation of several articles of Decree No. 34/2008/ND-CP dated March 25, 2008 on the recruitment and management of foreigners working in Vietnam.
• Official Letter No. 3713/LDTBXH-NN dated December 5, 2003 of the Ho Chi Minh City Department of Labor, War Invalids and Social Affairs, on the delegation of authority to the Management Board of Export Processing and Industrial Zones in Ho Chi Minh City (HEPZA) to issue work permits to foreigners.
• Official Letter No. 2941/LDTBXH-NN dated August 5, 2004 of the Ho Chi Minh City Department of Labor, War Invalids and Social Affairs, on the delegation of authority to the Management Board of Export Processing and Industrial Zones.

2. Procedure for labor registration and labor contracts:

• Step 1: Prepare a complete application dossier as required by law.
• Step 2: Submit the application at the Ho Chi Minh City Department of Labor, War Invalids and Social Affairs.
  • If the dossier is complete and valid, the officer will issue an appointment slip to the applicant.
  • If the dossier is incomplete or invalid, the applicant will receive guidance on how to complete it.
• Step 3: On the appointment date stated on the receipt, the company representative returns to the Ho Chi Minh City Department of Labor, War Invalids and Social Affairs to collect the results.

3. Required documents for labor registration and labor contracts:

For foreigners recruited under a labor contract:

• Written request for issuance of a work permit for foreigners (Form No. 04).
• Application form (Form No. 01), together with a judicial record (criminal record check) issued by the competent authority of the country in which the foreigner resided before coming to Vietnam.

If the foreigner has resided in Vietnam for 6 months or more, only a Vietnamese judicial record issued by the Department of Justice of the locality where the foreigner is residing is required.

• Personal résumé / curriculum vitae (Form No. 02).
• Health certificate.
• Certified copy of professional or technical qualifications (bachelor’s, master’s, or doctoral degree), or evidence of at least 5 years of experience in the relevant profession, production, or management role.
• Three color photos (3×4 cm, bare-headed, front-facing, clear face and ears, no glasses, white background), taken within the last 6 months.

For foreigners working in Vietnam under an intra-company transfer:

• Written request for issuance of a work permit for foreigners (Form No. 04).
• Documentation from the foreign parent company assigning the employee to work at its commercial presence in Vietnam.
• Judicial record (criminal record check) issued by the competent authority of the country in which the foreigner resided before coming to Vietnam.

If the foreigner has resided in Vietnam for 6 months or more, only a Vietnamese judicial record issued by the Department of Justice of the locality where the foreigner is residing is required.

• Personal résumé / curriculum vitae (Form No. 02).
• Health certificate.
• Certified copy of professional or technical qualifications (bachelor’s, master’s, or doctoral degree), or evidence of at least 5 years of experience in the relevant profession, production, or management role.
• Three color photos (3×4 cm, bare-headed, front-facing, clear face and ears, no glasses, white background), taken within the last 6 months.

4. Service fees and processing time for labor registration, labor contracts, and issuance of labor books vary by case.

• Processing time: 15 days from the date the application is received.
• Service fee: Please contact Wacontre for a quotation.