Application for a new work permit in Vietnam

Vietnamese law allows businesses, agencies, organizations, individuals, and contractors to recruit foreign workers to fill management, executive, expert, and technical positions that the workers require. Vietnam has not been able to meet production and business needs. For foreign workers to work legally in Vietnam, they are required a work permit. However, in reality, many clients encounter difficulties when they cannot prepare an application for a new work permit in Vietnam under current law. To support clients, Viet An Law Firm would like to provide the application for a new work permit in Vietnam.

Legal basis

• Labor Code 2019;
• Decree 152/2020/ND-CP regulating foreign workers working in Vietnam and recruitment and management of Vietnamese workers working for foreign organizations and individuals in Vietnam, as amended and supplemented by Decree 35/2022/ND-CP and Decree 70/2023/ND-CP.

What is a work permit?

According to the provisions of Article 151, Labor Code 2019, foreign workers who want to work legally in Vietnam will have to have a work permit. A work permit is a type of legal document that allows workers of foreign nationality to work in Vietnam legally. Therefore, the subjects required to apply for a work permit are foreign workers working in Vietnam in one of the forms specified in Article 2 of Decree 152/2020/ND-CP, except for some cases where the law has other rules.

Regarding content, the work permit clearly states information about the employee, including full name, passport number, date of birth, nationality, name, address of the workplace organization, and working position.

Regarding the term, a work permit in Vietnam has a term calculated according to the terms of the labor contract, service provision contract, contract or agreement signed between Vietnamese and foreign partners, or documents certifying foreign workers are allowed to participate in the activities of businesses and organizations in Vietnam. The term of the work permit is a maximum of 02 years.

Foreigners are subjects to have a work permit in Vietnam

Workers who are foreign citizens working in Vietnam in the following forms are required to have a work permit in Vietnam:

• Implement labor contracts;
• Moving within the enterprise;
• Carrying out all kinds of contracts or agreements on economics, trade, finance, banking, insurance, science and technology, culture, sports, education, vocational education and medical;
• Contract provision service;
• Offering services;
• Working for foreign non-governmental organizations or international organizations in Vietnam that are allowed to operate under Vietnamese law;
• Volunteers;
• Person in charge of establishing commercial presence;
• Managers, executives, experts, technical workers;
• Participate in implementing bidding packages and projects in Vietnam;
• Relatives of members of foreign representative agencies in Vietnam are allowed to work in Vietnam according to the provisions of international treaties to which Vietnam is a member.

Requirements for foreign workers working in Vietnam

Pursuant to Article 151 of the Labor Code 2019, foreign workers working in Vietnam are people with foreign nationality and must satisfy the following conditions:

• Be a person aged 18 years or older and have full civil act capacity;
• Have professional qualifications, techniques, skills, and work experience; have good health as regulated by the Minister of Health;
• Not a person who is serving a sentence or has not had a criminal record erased or is being prosecuted for criminal liability according to foreign or Vietnamese law;
• Have a work permit issued by a competent Vietnamese state agency, except for cases specified in Article 154 of the Labor Code.

Contents of the application for a new work permit

For foreigners to be granted a work permit, the organization/business must have a new application for a work permit for their employees. The application for a new work permit includes some of the following contents:

Organization/business information:

• Name of organization/enterprise;
• Type of organization/enterprise (state-owned enterprise/foreign-invested enterprise/non-state enterprise/organization);
• Total number of workers and foreign workers working at the enterprise/organization;
• Address Phone;
• Business license (if any);
• Business/organization applicant to contact when necessary;

Information for foreign workers needing a work permit:

• Full name, date of birth, nationality;
• Passport and documents valid for international travel;
• Professional qualifications (if any)
• Working enterprise, working location;
• Working position, job title;
• Form of work;
• Salary, working hours;
• Place to register to receive a work permit.
• Training and working process (1st workplace, 2nd workplace, last or current workplace).

Commitment of the organization/enterprise

The organization/enterprise commits that the information stated in the application is true and is responsible before the law.

Application for a new work permit in Vietnam

The application form for a new work permit is specified in Form No. 11, Appendix I issued with Decree 152/2020/ND-CP.

For your information, you can contact Viet An Law to the updated of this form.

Some questions related to granting a new work permit in Vietnam

To which agency is an application for a new work permit submitted?

Pursuant to Article 11 of Decree 152/2020/ND-CP, a new application for a work permit will be submitted to the Ministry of Labor, Invalids and Social Affairs or the Department of Labor, Invalids and Social Affairs where the foreign worker is expected to work.

When is the time to apply for a new work permit?

Under Article 11 of Decree 152/2020/ND-CP, a new application for a work permit must be submitted at least 15 days in advance from the date the foreign worker is expected to start working in Vietnam.

Do foreign workers working in Vietnam who are heads of representative offices, and projects or are primarily responsible for the operations of international organizations or foreign non-governmental organizations in Vietnam have to apply for a new work permit?

According to Articles 152 and 154 of the Labor Code, foreign workers working in Vietnam who are the heads of representative offices, and projects or are primarily responsible for the operations of international organizations or non-governmental organizations in Vietnam, are not subject to work permit issuance. Therefore, they do not have to apply for a new work permit.

Work permit consulting service of Viet An Law Firm

• Consulting on conditions and work permit documents;
• Drafting application forms for new work permits;
• Advise on the method of submitting applications for work permits according to the provisions of law;
• The client representative submits the application for a work permit to the competent authority;
• Regularly consulting for clients related to the labor field in Vietnam.

Clients who need advice on work permits for foreigners in Vietnam, please contact Viet An Law for the best support.