This Circular provides guidance on the receipt of applications for approval for demand for employment of foreign workers; issuance and re-issuance of work permit; certification of foreign workers eligible for work permit exemption via electronic networks according to 3 levels of online public services.
Accordingly, at least 20 days before the planned date of employing foreign workers, the employer (excluding contractors) must submit the declaration and explanation about his/her demand for employment of foreign workers as regulated in Article 4 of Decree No. 11/2016/ND-CP to the approving authority through the website, excluding the cases prescribed in Clauses 4, 5 and 8 Article 172 of the Labour Code and Points e, h Clause 2 Article 7 of Decree No. 11/2016/ND-CP.

At least 10 days before the planned date of employing foreign workers, the employer must send report on any changes in his/her demand for employment of foreign workers through the website.

Within 12 days from the receipt of the declaration and explanation or report on change in demand for employment of foreign workers as regulated by law, the approving authority must give a response by sending an email to the employer. If the explanation or report on demand for employment of foreign workers is not consistent with the law regulations, the approving authority shall an email which indicates reasons thereof to the employer.

After receiving a response indicating that the employer's explanation or report on change in demand for employment of foreign workers is conformable with the law regulations, the employer shall by hand or by post submit the original explanation and/or report to the approving authority for verification and retention as regulated.

Not later than 8 working hours from the receipt of the original explanation and/or report, the approving authority must give processing results to the employer. The employer may receive processing results by hand or by post via the employer’s registered address.

4. In case the original explanation and/or report on change in demand for employment of foreign workers do/does not match with the ones sent through the website, the approving authority shall give a written response or send an email or directly notify such issue to the employer.

Regarding issuance of work permit, at least 7 working days before the planned date on which foreign workers start working for the employer, the employer must electronically submit the declaration and application for work permits for foreign workers in accordance with regulations in Article 10 of Decree No. 11/2016/ND-CP to the work permit issuing authority through the website.

Within 05 working days from the receipt of the declaration and application for work permits which are conformable with the law regulations, the work permit issuing authority shall give a response by sending an email to the employer. If the declaration and application for work permits are not conformable with the law regulations, the work permit issuing authority shall an email which indicates reasons thereof to the employer.

After receiving a response indicating that the application for work permits is conformable with the law regulations, the employer shall by hand or by post submit the original application for work permits to the work permit issuing authority for verification and retention as regulated by law.

Not later than 8 working hours from the receipt of the original application for work permits, the work permit issuing authority must give processing results to the employer. The employer may receive processing results by hand or by post via the employer’s registered address.

In case the original application for work permits does not match with the declaration and application for work permits sent through the website, the work permit issuing authority shall give a written response or send an email or directly notify such issue to the employer.

Relating to re-issuance of work permit, in case of re-issuance of work permit as regulated in Article 13 of the Decree No. 11/2016/ND-CP, the employer must electronically submit the declaration and application for re-issuance of work permits as regulated in Article 14 of the Decree No. 11/2016/ND-CP to the work permit issuing authority through the website.

Within 03 working days from the receipt of the declaration and application for re-issuance of work permits which are conformable with the law regulations, the work permit issuing authority shall give a response by sending an email to the employer. If the declaration and application for re-issuance of work permits are not conformable with the law regulations, the work permit issuing authority shall an email which indicates reasons thereof to the employer.

After receiving a response indicating that the application for re-issuance of work permits is conformable with the law regulations, the employer shall by hand or by post submit the original application for re-issuance of work permits to the work permit issuing authority for verification and retention as regulated by law.

Not later than 08 working hours from the receipt of the original application for re-issuance of work permits, the work permit issuing authority must give processing results to the employer. The employer may receive processing results by hand or by post via the employer’s registered address.

In case the original application for re-issuance of work permits does not match with the declaration and application for re-issuance of work permits sent online through the website, the work permit issuing authority shall give a written response or send an email or directly notify such issue to the employer.

This Circular takes effect as from October 02, 2017.