What Is a Vietnam Work Permit?
At present, the requirements, application procedures, supporting documents, and exemption cases relating to work permits are primarily governed by Decree No. 219/2025/NĐ-CP on foreign employees working in Vietnam.
Who Must Obtain a Work Permit in Vietnam?
As a general principle, any foreign national working in Vietnam must either obtain a work permit or fall within one of the statutory work permit exemption categories.
In practice, common cases requiring a work permit include foreign employees working under labor contracts with Vietnamese companies, experts assigned to Vietnam by overseas parent companies, intra-company transferees, executive directors, company managers, and representatives of foreign-invested enterprises or other economic organizations.
Many employers assume that foreign employees who receive their salary overseas or who only stay in Vietnam for a short period do not require a work permit. However, whether a work permit is required depends on the employee’s position, duration of work, and the specific legal basis applicable to the individual case. Employers should therefore assess each situation carefully before assigning a foreign national to work in Vietnam.
Work Permit Exemption Cases
Although most foreign employees are required to obtain a work permit, Vietnamese law provides a number of exemptions.
Common exemption categories include foreign nationals who are married to Vietnamese citizens and reside in Vietnam; owners or capital-contributing members of a limited liability company with a capital contribution of at least VND 3 billion; Chairpersons or members of the Board of Directors of a joint-stock company with a capital contribution of at least VND 3 billion; eligible intra-company transferees; foreign lawyers holding a valid License to Practice Law in Vietnam; and certain short-term assignments permitted under applicable regulations.
It should be noted, however, that being exempt from a work permit does not automatically grant the right to work in Vietnam. In many cases, employers are still required to complete a notification procedure or obtain official confirmation that the foreign employee falls within a work permit exemption category before the employee commences work in Vietnam.
Work Permit Application Process for Foreign Employees in Vietnam
The process of obtaining a work permit for a foreign employee in Vietnam involves several stages, ranging from domestic recruitment efforts and document preparation to work permit issuance and related immigration procedures.
Step 1: Recruitment of Vietnamese Employees
Before hiring foreign employees for certain positions, employers must publicly advertise the vacancy in order to prioritize qualified Vietnamese candidates.
Under current regulations, recruitment notices must be published for at least five working days, compared to fifteen working days under the previous rules. This change has significantly reduced the preparation period for employers.
The requirement generally applies to foreign employees working under labor contracts, personnel participating in projects or bidding packages in Vietnam, and employees working for diplomatic missions or international organizations in Vietnam.
Compared with previous regulations, employers now have greater flexibility in choosing recruitment channels. Rather than being restricted to specific government portals, employers may use appropriate recruitment platforms, company websites, or other communication channels, provided that the recruitment process is transparent and can be documented.
Step 2: Preparing the Work Permit Application Dossier
After completing the recruitment requirement, the employer may begin preparing the work permit application dossier for the foreign employee.
One notable feature of the current regulations is that the explanation of the demand for foreign labor and the work permit application have been consolidated into a single form, simplifying administrative procedures.
Depending on the position, employment arrangement, and background of the foreign employee, the required documents may vary. However, a standard work permit dossier generally includes the following categories of documents:
| Document Category | Required Documents |
|---|---|
| Application Form | Form No. 03 |
| Health Certificate | A health certificate issued within the previous 12 months by an eligible medical facility in Vietnam, or by an overseas medical institution recognized under Vietnamese regulations. |
| Passport | A passport with at least six months of remaining validity. |
| Criminal Record Certificate | Criminal Record Certificate (Form No. 07/2025/LLTP) or an equivalent document issued within the previous six months in Vietnam or abroad. This requirement may be waived where information has already been integrated into the national data system. |
| Photographs | Two color photographs measuring 4cm x 6cm with a white background, taken within the previous six months. |
| Documents Evidencing the Form of Employment in Vietnam | Depending on the circumstances, one of the following may be required: assignment letter for work at a commercial presence in Vietnam (with evidence of at least 12 months of prior employment); assignment letter for implementation of a contract, project, or bidding package in Vietnam; service agreement between a Vietnamese and foreign entity (with proof of at least 24 months of experience); transfer documentation from an organization or enterprise; or documents proving managerial status or capital contribution. |
| Qualification and Experience Documents | Depending on the position, documents may be required to demonstrate managerial status, executive director status, expert qualifications, or technical worker qualifications. For managers: company charter, appointment decision, establishment license. For executive directors: business registration documents, appointment decision, and evidence of at least three years of relevant experience. For experts: academic qualifications, employment records, or other professional documents. For technical workers: vocational qualifications, work experience records, or other supporting evidence required under current regulations. |
In practice, the quality of the dossier often has a significant impact on processing time. Delays and requests for additional documents frequently arise not because documents are missing, but because the submitted materials do not sufficiently demonstrate the foreign employee’s qualifications, experience, or proposed position.
Step 3: Submission of the Work Permit Application
Submission timeline: from 10 to 60 days before the intended commencement date.
Applications may be submitted through:
- Provincial Public Administrative Service Centers;
- Public postal services; or
- The National Public Service Portal through online submission.
Applications are received and processed by the authority designated by the Provincial People’s Committee to administer work permit procedures for foreign employees.
Step 4: Review and Issuance of the Work Permit
At this stage, the competent authority reviews the applicant’s qualifications, professional experience, health condition, and legal background.
This is also the stage at which requests for additional documents most commonly arise if the dossier has not been adequately prepared.
The statutory processing time is ten working days from the date on which a complete and valid dossier is received.
If the application is rejected, the competent authority must issue a written response stating the reasons for refusal within three working days.
Step 5: Collection of the Work Permit and Execution of the Employment Contract
Once the work permit has been issued, the employer and employee may proceed with the execution of the employment contract in accordance with Vietnamese labor laws.
Where a foreign employee is expected to work in multiple provinces, the employer must notify the relevant authorities in each locality before the employee commences work.
In addition, foreign employees will typically proceed with related immigration procedures, including obtaining a work visa or Temporary Residence Card to enable long-term residence and employment in Vietnam.
Provided that the dossier is properly prepared and no additional documents are requested, the entire work permit process generally takes between one and two months, including recruitment, document preparation, and government processing time.
Work Permit Validity and Renewal
Under current regulations, a work permit may be issued for a maximum period of two years. However, the actual validity period may be shorter depending on factors such as passport validity, the term of the employment contract, assignment period, or the employer’s staffing requirements.
After a work permit has been issued, employers should carefully monitor its expiration date and make arrangements for renewal or re-application where necessary. Allowing a work permit to expire may affect the employee’s lawful employment and immigration status in Vietnam.
In many cases, a work permit may be renewed once if all statutory requirements are satisfied. Following the expiration of the renewal period, a new work permit application will generally be required.
Employers should also note that a work permit is issued for a specific position with a specific employer. If the employee changes employer or undergoes a significant change in job title or position, a new work permit application may be required rather than an amendment to the existing permit.
Risks of Employing Foreign Workers Without a Work Permit
Many businesses only focus on work permit compliance when they become subject to inspections or audits by government authorities. However, employing foreign nationals without a valid work permit or without confirmation of exemption may result in significant legal consequences.
For foreign employees, the authorities may impose measures including termination of employment activities or compulsory departure from Vietnam in certain circumstances.
For employers, administrative penalties may increase depending on the number of non-compliant employees and the seriousness of the violation. In addition to monetary fines, employers may be subject to more extensive inspections covering labor compliance, social insurance obligations, personal income tax matters, and other related legal requirements.
For foreign-invested enterprises and businesses implementing large-scale investment projects, non-compliance involving foreign employees may also adversely affect regulatory compliance records and corporate reputation with government authorities.
Green NRJ Work Permit Services
Preparing application dossiers, legalizing foreign documents, identifying the correct employment category, and dealing with government authorities can be challenging, particularly for businesses that are new to Vietnam.
Green NRJ provides comprehensive consulting and support services relating to foreign employees, including foreign labor demand applications, work permit applications, work permit exemption confirmations, work visa applications, and Temporary Residence Card applications for foreign nationals in Vietnam.
With extensive experience assisting foreign-invested enterprises, representative offices, and international investors, Green NRJ helps clients assess legal eligibility at an early stage, prepare appropriate documentation for each specific case, and minimize potential risks throughout the application process.
If your company intends to recruit or employ foreign nationals in Vietnam, Green NRJ’s team of professionals is ready to assist from the initial eligibility assessment through to the successful completion of all relevant procedures.
