Work Permit Problem. Need Help!!

hii, i just receive a letter from labor dept. of vietnam that denied my work permit and ask explanation what i did here with B3 visa ??[ as i heard from my HR]
to make you better understand storyline is, i came here for my internship through Aiesec organisation. i got a tourist visa for 1 month and get entered in vietnam. then i join company after 4 days coming to vietnam, and in one month get extend my visa with B3 single entry[through an agent].
i completed my internship and remained  20days visa left, but i got offer from company they asked to prepare my documents that i did and company extend my visa B3 multiple[2nd B3 visa] and i continue working there as an intern. but after 1 month i went to india for any personal reason and terminate contract and wait for my workpermit. then what happened is Indian embassy required me to get attested my documents in HCMC. so i came back to vietnam in jan9 and still remained my visa[2nd visa B3-extended my company] till 28jan. then my company extend it to more 3months[3rd B3 visa with single entry] so i dont need to go again out of vietnam and can wait till workpermit. i did my documents ready with help of HR and submit my application. after 10working days i suppose to receive it, but received back my documents with a letter that needs explanation what i did here with B3 visa??
so i don't know on which point i am illegal, maybe worked here more then 3months. i want an legal explanation so can have my workpermit, please give me any suggestion that may help me.

Hi and welcome to Expat.com sunil21 !

I hope the forum members will be able to help you out.

Regards
Armand

i hope so..

For each job you do, you need a work permit. Even, if it's only 20 days.
I am not sure, if I understand the above all correct:
- you enter on tourist visa - C
- you now employer "changes" it to a B (that is normally not part of the plan, the government officially only extends C with C, B with B

"Working" with a B, you actually only can as an investor (you should own at least a  %-age of a business, if not, you need a residence card, which come in 12, 24 or 36 Month length.

Assuming, you papers are correct done, consider yourself as unlucky by nationality, as Vietnam makes quite huge differences by it, and/or by pre-TET hype (absorb money, as much as possible).

I personally would advise you, to get in touch with a law office, ideally with a Rep of your employer together.

i think for your better understanding,
-first, C1[28june-28oct] through which i entered.
-second, B3 single[18july-28oct], that i got through an agent.
mean while i did my internship through AIESEC[till 4oct]. 
then asked company to support my visa so i can go to my country and can come back and they did,
-third,B3 multiple[28oct-28jan] through Company.
but i left vietnam after 1 month, on 10nov. after i came back to vietnam on 8jan[after 2months] and on 21jan submitted my documents.
so i didnt use my visa for working here that my company extend it to me.
My HR head is doing her best but its first time for her to apply for any Indian national person.
She decided to go after tet holidays because at this time everyone is focusing on their holidays, as she told me.

thing is, 1 reason could be my nationality.
but maybe they didnt noticed that i left vietnam for 2months after 3months internship, because the immigration stamp is not easily recognizable its on different page.
i am really worrying what my company should give them reply, as they didnt tell anything yet what i am doing here to labor dept.

ok,the only "dodgy" point here, the visa is (ab)used - no residence and no work permit (" ... as they didnt tell anything yet what i am doing here to labor dept.")

That should be not so difficult to fix -A WORK PERMIT seems the magic paper you need, to be valid a RESIDENCE card is a parallel document - you should get both to apply at the same time.

You likely have to submit with the form - police clearance from you home country or from a registered address in Vietnam as well some papers relating to education/schooling/work history.

The B visa is only good for "investors" to "work".

l3ully wrote:

you should get both to apply at the same time.


but i think without workpermit it is not possible to file for temporary residence card.

l3ully wrote:

You likely have to submit with the form - police clearance from you home country or from a registered address in Vietnam as well some papers relating to education/schooling/work history.


i submitted
- Police clearance certificate from my country
- Degree of Engineering in IT[ i just finished my study and come for internship]
and attested all above with Indian embassy.
[and there has not a single problem in documents]

could you suggest me what explanation should be relevant..??

sunil21 wrote:
l3ully wrote:

you should get both to apply at the same time.


but i think without workpermit it is not possible to file for temporary residence card.

l3ully wrote:

You likely have to submit with the form - police clearance from you home country or from a registered address in Vietnam as well some papers relating to education/schooling/work history.


i submitted
- Police clearance certificate from my country
- Degree of Engineering in IT[ i just finished my study and come for internship]
and attested all above with Indian embassy.
[and there has not a single problem in documents]

could you suggest me what explanation should be relevant..??


This is the reason, both papers should go together. I also agree, the documents provided should be good. However, it looks like, the wrong (Visa) was applied for and not a WORK PERMIT. This quite likely the reason, the labor office contacted you.

i will tell them that i was just came here for internship and did that and after i went back to my country. maybe after tet festival their mind changed and something good happen with me..
but why i was worrying because my one friend already received his work permit before 1 day and he did 6 months internship without workpermit but he is from Poland.

Sunil,

Just get your company to take care of this for you.  It is something I always suggest foreigners to do.  Vietnamese can get it done much faster and cheaper. 

If your company is unwilling to do it, then perhaps, it is not the kind of company that you want to associate yourself with.

Best,
Howie

hey!! thanks for concerning,
there has not any issue that my company is helping me or not. fact is, they are paying and doing everything for my work permit and supporting documents, i didn't pay anything for any of the documents.
actually its the first case with my HR, otherwise my friend get his workpermit 1 day before when i supposed to receive mine.
in the letter that labor dept. gave my HR stated that, what i did here with B3 business visa here from early 2012 to now here, and why i didnt get workpermit before. so they might need an explanation, but i think they didnt noticed that i left vietnam just after 4months.. and came last month..[ maybe another reason]
so i asked you guys what could be the reason, and what explanation my HR should give them.

after Tet holidays, my company discussed with some lawyer and tell Labor dept. truth that i worked here 4months... i suppose to do my internship for 3months, but because of project extend, they need to have me for few days more and it turned to 1 more month.
so now after waiting for 22 working days, again they rejected my workpermit application, this time they said, when my company hired me as an intern, i was not a student anymore[but i had just finished my studies] and second, my company didnt inform them when i was intern here.
FYI, there has not any issue of nationality as far as i think, because we were 3 interns, 1 from poland and 2 from india, and other two guys got their work permit as well as temporary residence card very smoothly and on time..
but i really want my workpermit to live here for some more time. do you guys thinks is there any solution for this?? anything? bribe is possible??
but as i know my company can support me for any legal thing.. :(

Hi guy,
I hope these information can help you!

First, The Labor Department does not care you are internship or a worker in Vietnam.
Second, when applying for WP issuance, you don't need to show all your passport, just photo the fist page with full your personal information. It is acceptable.
There are just 2 cases to apply for WP issuance:

1. A employee who are assigned to work in Vietnam by the mother company outside Vietnam.
In this case, you just need a assignment letter and the other required document such as your qualification, Criminal Record, Medical Certificate, copy of passport with the first page, application form... remember that you must do consular legalization if your document is a foreign document.

2. You are new hire in your company: in this case, it is quite complicated.
The requirement is the same with case above but you don't need assignment letter as well as labor contract. Your company just provide Document demonstrate that Enterprise has published to hire Vietnamese labors before employ foreign labors to The Labor Dept.
You can refer the regulation on issuance WP via The Decree No. 46/2011/ND-CP dated June 17, 2011 of the Government.

Good luck to you :)