The Ministry of Labor, War Invalids and Social Affairs (MOLISA) is drafting a pilot inter-connected priority for restructuring processes, integrating and simultaneously providing procedures for granting work permits to foreigners in Vietnam and issuing criminal records. The pilot will be implemented in 3 localities including Hanoi, Hue, Ba Ria - Vung Tau.
Previously, on February 28, 2024, the Prime Minister issued Decision No. 206/QD-TTg approving the list of online public service groups with priority for restructuring the process on the national public service portal in 2024. However, the two procedures for issuing criminal records and issuing labor licenses have significant differences in the subject, necessary documents and handling authority.
Specifically, the procedure for issuing criminal records is carried out in accordance with the Law on Judicial Records, requiring individuals to directly submit documents. Meanwhile, the procedures for granting labor licenses must comply with the Labor Code and related guiding documents, requiring employers to do so.
Due to this difference, the two administrative procedures cannot be effectively connected.
To overcome the limitation, the Ministry of Labor, Invalids and Social Affairs proposes to pilot the connection of the above two procedures, and deploy them on the network environment without requiring a database for identification or electronic authentication of foreigners.
According to the draft, the interconnected implementation process is as follows:
Foreign employers submit a request for a work permit and a criminal record, along with an electronic copy, to the Department of Labor, Invalids and Social Affairs where the employee plans to work.
The Department of Labor, Invalids and Social Affairs receives, checks the validity of the dossier and sends an appointment to return the results within 15 working days. At the same time, the department will transfer the application for a judicial record certificate to the National Judicial Record Center according to the prescribed form.
The National Center for Judicial Records will conduct an appraisal and send the electronic results to the individual's electronic data management warehouse as well as the registered email address. The Department of Labor, Invalids and Social Affairs completes, appraises the application and returns the results of the labor license along with an electronic electronic electronic electronic criminal record to the employer.
According to the Ministry of Labor, Invalids and Social Affairs, the pilot will create more open conditions for businesses in the process of recruiting foreign workers, ensuring compliance with international practices and the practical situation of Vietnam.
