Certificate of work experience for chinese nationals: conditions, procedures & important notes

I. Overview of the Certificate of Work Experience for Chinese nationals

Updating the Certificate of Work Experience for Chinese nationals constitutes an important component in the process of setting up an individual’s employment dossier.

Such a document not only serves as evidence of participation and work experience at organizations, but also provides an opportunity to present and certify the achievements and professional skills that have been attained.

1. What is a Certificate of Work Experience for Chinese nationals?

A Certificate of Work Experience for Chinese nationals is a document certifying the period of employment abroad and therefore must be issued by the company where the Chinese national is working in Vietnam. Such a Certificate must be consularly legalized prior to its use in Vietnam. If the document evidencing work experience is not in Vietnamese, a notarized Vietnamese translation must be provided.

2. Why is the Certificate of Work Experience for Chinese nationals required? Is it mandatory?

Pursuant to Article 9 of Decree No. 152/2020/ND-CP on foreign employees working in Vietnam, the purpose of obtaining the Certificate of Work Experience for Chinese nationals working in Vietnam is to implement certain procedures, including:

• Applying for a work permit in Vietnam (in accordance with Decree No. 152/2020/ND-CP on foreign employees working in Vietnam).
• Supporting procedures for visa extension and issuance or renewal of temporary residence cards.
• Demonstrating professional competence when applying for new companies or projects.
• Supporting procedures for legalization of employment dossiers for use in China or other countries.

A Certificate of Work Experience is not a mandatory document in all cases. However, for foreign employees applying for a work permit in Vietnam, they are required to demonstrate at least three (03) years of work experience in the relevant professional field, and the certificate of work experience is one of the main documents used to satisfy this requirement.

II. Legal regulations on Certificates of Work Experience for Chinese nationals

1. Legal basis for Certificates of Work Experience for Chinese nationals

The issuance of the Certificate of Work Experience for Chinese nationals in Vietnam must comply with applicable laws and regulations, including Decree No. 152/2020/ND-CP, the Labor Code 2019, and Circular No. 23/2017/TT-BLDTBXH.

Under Decree No. 152/2020/ND-CP, foreign employees wishing to work legally in Vietnam must meet requirements regarding professional qualifications and work experience, of which a minimum of three (03) years of experience in a relevant sector is a main condition for applying for a work permit.

The Labor Code 2019 also stipulates that enterprises employing foreign workers are responsible for reviewing and retaining dossiers evidencing work experience. To ensure the validity of such dossiers, Circular No. 23/2017/TT-BLDTBXH provides guidance that Certificates of Work Experience must be issued by the former employer or a competent foreign labor management authority. Where such certificates are issued abroad, they must be notarized, translated into Vietnamese, and consularly legalized prior to use in Vietnam.

Accordingly, the Certificate of Work Experience is an important and mandatory document in the dossier for applying for a work permit in Vietnam, ensuring that the foreign employee fully satisfies the statutory requirements regarding professional qualifications and work experience.

2. Contents of Certificates of Work Experience for Chinese nationals

A valid Certificate of Work Experience for the purpose of applying for a work permit for foreign employees is an essential component of the dossier for applying for a work permit for Chinese nationals working in Vietnam.

• Complete company information: Company name, address, and telephone number.
• Complete information of the individual to be certified: Full name, date of birth, nationality, and passport number.
• The certified working period must be clearly stated.
• The position(s) held by the individual at the company must be clearly specified.
• Only employment at the issuing company should be certified; no additional positions or periods of employment at other companies should be stated.
• The signatory must clearly indicate their position within the company, such as Director, Deputy Director, etc.
• The certificate must obtain the company’s official seal.
• The certificate must be consularly legalized and notarized with a Vietnamese translation.

The above contents of Certificates of Work Experience for Chinese nationals working in Vietnam constitute one of the main factors in ensuring that the dossier of the foreign employee is not rejected.

III. Questions regarding Certificates of Work Experience for Chinese nationals

1. Which authority issues the Certificates of Work Experience for Chinese nationals? Is consular legalization required?

The Certificate of Work Experience for Chinese nationals is issued by the organization where the employee previously worked or is currently working. If the employee has worked for multiple enterprises, Certificates must be obtained from each enterprise where the employee has been employed.

If the Certificate is used for the purpose of applying for a work permit in Vietnam and is issued by a company in China, it must be consularly legalized at the Embassy or Consulate General of Vietnam in China.

If the Certificate is issued by a company in Vietnam, consular legalization is not required; however, if it is written in Chinese or English, a notarized Vietnamese translation must be provided.

2. How long must one work to be eligible for the Certificate of Work Experience for Chinese nationals?

Pursuant to Decree No. 152/2020/ND-CP, to be granted a work permit in Vietnam, foreign employees must have at least three (03) years of experience in the relevant professional field.

If the Certificate is not used for the purpose of applying for a work permit, the specific duration of employment required will depend on each company’s internal policies. Some enterprises may issue such Certificates after six (06) months or one (01) year of employment if there are legitimate reasons.

IV. Should one seek assistance from a lawyer when applying for Certificates of Work Experience for Chinese nationals? How to make contact?

To ensure that the application for Certificates of Work Experience for Chinese nationals is conducted in compliance with the law and to avoid potential risks, seeking support from professional legal advisory services is advisable. NPLAW provides professional consulting services, ranging from contract drafting and clarification of legal regulations to procedural assistance throughout the process. This comprehensive support helps clients save time and ensures the successful completion of relevant transactions.