When must foreigners obtain a work permit in Vietnam?

Understanding when foreigners need a Work Permit in Vietnam is highly important for them to ensure compliance. Each country has its regulations and requirements regarding work permit issuance, an important process to ensure employment takes place according to the law and protects the rights of both workers and employers, including Vietnam. In the current year, Viet An Law received many inquiries from foreign clients about when must foreigners obtain a work permit in Vietnam. Understanding the cases where labor permits are exempted or required will help employees and employers carry out the respective processes effectively and legally. In the article below, Viet An Law will present legal advice for the question: When must foreigners obtain a work permit in Vietnam?

General overview of applying for a work permit in Vietnam

Current regulations in Vietnam on work permits for foreigners

• 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 70/2023/ND-CP.
• Decree 12/2022/ND-CP regulates sanctions for administrative violations in the fields of labor, social insurance, and Vietnamese workers working abroad under contracts.

Conditions for workers to be granted a work permit in Vietnam

According to Clause 1, Article 151, Labor Code 2019 regulations on conditions for foreign workers working in Vietnam, foreign workers who want to work in Vietnam must have foreign nationality and must meet the following conditions:

In addition, foreign workers working in Vietnam must comply with Vietnamese labor laws and be protected by Vietnamese laws, except other regulations of international treaties to which Vietnam is a member.

When must foreigners obtain a work permit in Vietnam?

According to Point d, Clause 1, Article 151, the Labor Code 2019 regulates the conditions for foreign workers in Vietnam stating:

“1. Foreign workers working in Vietnam are people with foreign nationality and must meet the following conditions:

….

d, Have a work permit issued by a competent Vietnamese state agency, except for the cases specified in Article 154 of this Code.”

Accordingly, except for cases where work permits are exempted, foreign workers working in Vietnam are regulated in Article 154 of the Labor Code and Article 7 of Decree 152/2020/ND-CP must apply for a work permit.

Some cases where work permits are exempted include the following:

• Foreigners entering Vietnam for less than 3 months to offer services.
• Foreigners are foreign lawyers who have been granted a License to practice law in Vietnam.
• Foreigners marry Vietnamese people and live in Vietnamese territory.
• Foreigners who are owners or capital contributing members of limited liability companies with a capital contribution value of 3 billion VND or more.
• Foreigners are licensed by the Ministry of Foreign Affairs to operate information and press activities in Vietnam according to the provisions of law.
• Foreigners entering Vietnam implement international agreements that agencies and organizations at the central and provincial levels have signed following the provisions of the law.
• Foreign students studying at schools and training facilities abroad have internship agreements in agencies, organizations, and businesses in Vietnam; foreign students interning and interning on Vietnamese ships.
• Foreigners are responsible for establishing a commercial presence.

Procedures for applying for a work permit

Documents need to be prepared

• Written request for a work permit from the employer.
• A health certificate or health examination certificate.
• The police clearance of foreign worker.
• Documents proving as a manager, executive director, expert, technical worker, and some professions and jobs;
• 02 color photos (size 4 cm x 6 cm, white background, straight face, bare head, no colored glasses), taken no more than 6 months before the date of application.
• Document approving the need to use foreign workers.
• Certified copy of passport or copy of passport certified by the employer that is still valid according to the provisions of law.
• Documents related to foreign workers;
• Power of Attorney for Viet An Law to conduct procedures.

Work Permit issuance procedures

Note: When authorizing Viet An Law, we will advise customers in detail about the types of documents in the work permit application quickly and accurately. You only need to provide the relevant documents and procedures, Viet An Law will help you with the remaining registration procedures.

Penalty for a foreign worker without a work permit in Vietnam

Pursuant to Point a, Clause 3, Clause 4 and Clause 5, Article 32 of Decree 12/2022/ND-CP stipulates that foreign workers fall into the cases where a work permit must be issued but working without this permit, both the employer and the employee will be fined. Specifically:

Foreign workers

Fined 15-20 million VND. Besides being forced to leave or deported from Vietnam.

Employer

• Fine of 30 – 45 million VND: If employing 01 – 10 foreigners without work permits.
• Fine of 45 – 60 million VND: If employing 11 – 20 foreigners without work permits.
• Fine of 60 – 75 million VND: If employing 21 or more foreigners without work permits.

Some related questions

How long is the validity of a Work Permit?

Work permit has a maximum term of 2 years.

Businesses and organizations can apply for a deadline that suits their labor use needs. The validity of the work permit does not depend on the validity of the passport. In case a foreigner’s passport expires but the work permit is still valid, the enterprise or organization needs to apply for a reissue of the work permit with amendment and supplementation of information about the passport number.

Do documents in the file need consular legalization?

Consular legalization is the formal confirmation of the seal and signature of the competent foreign agency by a Vietnamese diplomatic agency at home or abroad.

In the work permit procedure, the documents are Documents proving that a manager, executive director, expert, technical worker, or teacher (University degree, work experience confirmation if applicable) issued by a foreign agency are required for consular legalization, and notarized translation into Vietnamese to apply. Consular legalization can be performed at the Embassy/Consulate Vietnamese consulates abroad or at the Consular Department/Department of Foreign Affairs of provinces and cities.

Are foreign workers married to Vietnamese people exempt from work permits?

According to Clause 8, Article 154 of the Labor Code 2019, regulations on foreign workers working in Vietnam are not subject to work permits.

Accordingly, this foreigner needs to meet the following 2 conditions to be exempt from the issuance of a Work Permit. First, marry a Vietnamese person. Second, living in Vietnamese territory.

Work permit application service of Viet An Law

• Specific advice on cases requiring a work permit;
• Drafting and submitting applications for work permits on behalf of clients to competent authorities;
• Consulting on cases of work permit exemption;
• Drafting and representing clients to submit applications for work permit exemption;
• Consulting on other specific cases such as expired work permits, lost work permits, revoked work permits, etc.

Above is Viet An Law’s advice on cases where work permits must be issued. If you need to apply for a work permit or use other consulting services, please contact Viet An Law for the most effective, quick, and detailed advice.