Work Permit

Currently, with the increasing number of foreign enterprises (FDI) investing in Vietnam, along with the needs of Vietnamese enterprises to employ foreign workers, the legal basis related to the issuance of work permits and the management of foreign workers, as well as ensuring the rights and obligations of foreign workers in Vietnam, is being increasingly improved. Vietnamese law permits enterprises, agencies, organizations, individuals, and contractors to recruit foreign workers for managerial, executive, expert, and technical positions that Vietnamese workers cannot fill according to production and business needs. To work legally in Vietnam, foreign workers require a work permit. Viet An Law Firm would like to send to clients a summary of legal information about the procedures for granting a work permit in Vietnam.

Legal documents guiding procedures for granting work permits in Vietnam

• The Labor Code 2019 takes effect from January 1, 2021;
• Decree 219/2025/ND-CP regulating foreign workers working in Vietnam, effective from August 7, 2025.
• Decree 145/2020/ND-CP guiding the Labor Code on working conditions and labor relations;
• Decision 636/QD-BNV dated 2025 promulgates new and abolished administrative procedures in the fields of employment, occupational safety, and hygiene under the management scope of the Ministry of Home Affairs.

Conditions for foreigners to be granted work permits in Vietnam

• 18 years of age or older and have full civil act capacity;
• Have professional qualifications, technical skills, and work experience; have good health according to the regulations of the Minister of Health;
• Not being a person who is serving a sentence or has not had his/her criminal record cleared or is being prosecuted for criminal liability under the provisions of foreign law or Vietnamese law;
• Have a work permit issued by a competent state agency of Vietnam, except for cases where foreign employees working in Vietnam are not subject to work permit issuance under Article 154 of the Labor Code 2019.

In addition, foreign workers working in Vietnam must comply with Vietnamese labor laws and are protected by Vietnamese law, except in cases where international treaties to which the Socialist Republic of Vietnam is a member provide otherwise.

Which foreigners are granted work permits in Vietnam?

The issuance of foreign work permits is applied to foreigners working in Vietnam, specifically including the following subjects:

• Performance of labor contracts;
• Internal corporate transfer;
• Investors contribute capital to Vietnamese companies, establish Vietnamese companies, but contribute capital of under 3 billion VND;
• Execute contracts or agreements on economics, trade, finance, banking, insurance, science and technology, culture, sports, education, vocational education, and health;
• Contract service provider;
• Service offering;
• Working for foreign non-governmental organizations and international organizations in Vietnam that are permitted to operate under the provisions of Vietnamese law;
• Volunteer;
• Person responsible for establishing commercial presence;
• Managers, executives, professionals, 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 the Socialist Republic of Vietnam is a member.

List of documents required for work permit issuance in Vietnam

Documents required for work permit application

• A health certificate or medical examination certificate issued by a competent medical agency or organization of a foreign country or Vietnam is valid for 12 months from the date of signing the health conclusion to the date of submitting the application or certificate of good health according to the regulations of the Minister of Health.
• Judicial record or document confirming that the foreign employee is not serving a sentence or has not had his/her criminal record expunged, or is under criminal prosecution issued by a foreign country or by Vietnam.

Notes on criminal records in work permit application

• For criminal records issued abroad: the criminal record or document confirming that the foreign employee is not serving a sentence or has not had his/her criminal record expunged or is being prosecuted for criminal liability issued abroad no more than 06 months from the date of issue to the date of application submission.
• For criminal records issued in Vietnam: If the employee has a temporary residence confirmation in Vietnam and is residing in Vietnam, he/she can apply for a criminal record at the Department of Justice where the foreigner is residing in Vietnam to apply for a work permit. The validity of the criminal record issued in Vietnam for foreigners is also not more than 06 months, from the date of issue to the date of submission of the application.

Required documents for a manager, executive director, expert, or technical worker

According to the new regulations of Decree 219/2025/ND-CP on foreign workers working in Vietnam, effective from August 7, 2025:

Experts fall into one of the following categories:

• Have a university degree or equivalent and at least 2 years of work experience suitable for the job position that the foreign worker is expected to work in Vietnam;
• Have a university degree or higher in the major they are trained in and have at least 1 year of experience suitable for the job position that the foreign worker is expected to work in Vietnam for experts working in the fields of finance, science, technology, innovation, national digital transformation or priority fields for socio-economic development as determined by ministries, ministerial-level agencies, provincial People’s Committees or according to cooperation agreements of the Government of Vietnam.

A manager is a person who manages an enterprise as prescribed in Clause 24, Article 4 of the Law on Enterprises, or is the head or deputy head of an agency or organization as prescribed by law.

The CEO is a person who falls into one of the following categories:

• Head of branch, representative office, or business location of the enterprise;
• The person who heads and directly manages a field of an agency, organization, or enterprise and has at least 3 years of experience in the field relevant to the job position that the foreign worker is expected to work in Vietnam.

Technical workers fall into one of the following categories:

• Have been trained for at least 1 year and have at least 2 years of experience suitable for the job position that the foreign worker is expected to work in Vietnam;
• Have at least 3 years of work experience relevant to the job position that the foreign worker is expected to work in Vietnam.

Note:

Documents proving that you are a manager or executive director include the following 3 types of documents:

• Company charter or operating regulations of agencies, organizations, and enterprises;
• Certificate of business registration, certificate of establishment, decision on establishment, or other documents of equivalent legal value;
• Resolution or Appointment Decision of the agency, organization, or enterprise.

Documents proving experts and technical workers include the following two types of documents:

• Diploma or certificate;
• Confirmation document from an agency, organization, or enterprise abroad on the number of years of experience of the expert, technical worker, or the work permit that has been granted, or confirmation that the work permit is not required to be granted.

Photo submitted with application

02 color photos (size 4 cm x 6 cm, white background, face looking straight, bare head, no colored glasses), photos taken within 06 months from the date of application submission.

Copy of personal documents

Certified copy of passport or copy of passport certified by the employer, valid as prescribed by law. Including all pages of the passport.

Other documents

• For foreign employees moving within the enterprise, the following documents are required:
  • Document of a foreign enterprise sending an employee to work at the commercial presence of that foreign enterprise in Vietnam;
  • Document proving that the foreign employee was recruited by that foreign enterprise before working in Vietnam for at least 12 consecutive months;
• For foreign workers performing contracts or agreements in economics, trade, finance, banking, insurance, science and technology, culture, sports, education, vocational education, and health:
  • Contract or agreement signed between the Vietnamese partner and the foreign partner. The contract must include an agreement on foreign workers working in Vietnam.
• For foreign workers who are service providers under contract, the following documents are required:
  • Service provision contract signed between the Vietnamese partner and the foreign partner, and a document proving that the foreign employee has worked for a foreign enterprise without a commercial presence in Vietnam for at least 02 years;
• For foreign workers offering services, there must be a document:
  • Document of the service provider sending foreign workers to Vietnam to negotiate service provision;
• For foreign employees working for foreign non-governmental organizations and international organizations in Vietnam, the following documents are required:
  • Documents of agencies and organizations sending foreign workers to work for foreign non-governmental organizations and international organizations in Vietnam;
  • Operating license of foreign non-governmental organizations and international organizations in Vietnam according to the provisions of law;
• For foreign employees who are managers, executives, experts, and technical workers, the following documents are required:
  • Documents from foreign agencies, organizations, and enterprises sending foreign workers to work in Vietnam, and suitable for the expected job position, or documents proving that they are managers according to regulations

Some notes when preparing documents for a work permit application

• Types of documents and records that need to be consular legalized and notarized
• All of the above-mentioned documents of foreigners issued abroad must be consularly legalized, translated into Vietnamese, and notarized or authenticated before applying, except for documents and papers exempted from consular legalization according to the provisions of Vietnamese law or according to international treaties to which Vietnam and the foreign country concerned are both members, or according to the principle of reciprocity.

Procedures for granting work permits to foreign workers in Vietnam

Step 1. Notification of the recruitment of Vietnamese workers for positions expected to recruit foreign workers

From July 1, 2025, the announcement of recruitment of Vietnamese workers for positions expected to recruit foreign workers shall be made on the Electronic Information Portal of the Provincial People’s Committee for at least 15 days.

Recruitment notice content includes:

• Position and job title;
• Job description;
• Quantity;
• Requirements on qualifications and experience;
• Salary, working hours, and location.

After failing to recruit Vietnamese workers for positions, employers are responsible for determining the need to use foreign workers.

Step 2: Report on the need and change in the need to use foreign workers (under the authority of the Chairman of the Provincial People’s Committee)

Implementation sequence:

At least 15 days before the expected date of employment of foreign workers, employers (except contractors) are responsible for determining the need to employ foreign workers for each job position that Vietnamese workers cannot meet and reporting to the Chairman of the People’s Committee of the province where the foreign workers are expected to work.

During the implementation process, if there is a change in the need to use foreign workers in terms of position, job title, form of work, quantity, or location, the employer must report to the Chairman of the Provincial People’s Committee at least 15 days in advance of the expected date of use of foreign workers.

The Chairman of the Provincial People’s Committee shall issue a written approval or disapproval of the use of foreign workers for each job position within 10 working days from the date of receipt of the explanatory report or the explanatory report on changes in the need to use foreign workers.

How to do it: Via public postal service or online (if available), or directly to the Public Administration Service Center of the province or city where the foreign worker is expected to work.

Components and number of documents:

• Dossier components: Report explaining the need to use foreign workers or report explaining changes in the need to use foreign workers according to the prescribed form and related documents.
• Number of documents: 01 set.

Step 3: Granting work permits to foreign workers in Vietnam

Implementation sequence:

• At least 15 days before the date the foreign worker is expected to start working in Vietnam, the person submitting the application for a work permit must send it to the Chairman of the People’s Committee of the province where the foreign worker is expected to work.
• Within 05 working days from the date of receipt of a complete application for a work permit, the Chairman of the People’s Committee of the province where the foreign worker is expected to work shall issue a work permit to the foreign worker. In case the work permit is not issued, a written response stating the reasons shall be issued.

How to do it: Via public postal service or online (if available), or directly to the Public Administration Service Center of the province or city where the foreign worker is expected to work.

Number of documents: 01 set

Step 4: Sign the labor contract and report the situation of foreign labor use to the Department of Home Affairs

After a foreigner is granted a work permit, the Enterprise (Employer) must carry out the following procedures:

• Sign a written employment contract with the person granted a work permit. The employer must send the signed employment contract upon request to the competent authority that issued the work permit. The employment contract must be an original or a certified copy.
• Paying health insurance and social insurance for foreign employees. From January 1, 2018, foreign employees who have been granted a work permit, a practice certificate, or a practice license by a competent authority of Vietnam are also required to participate in social insurance according to the provisions of the Law on Social Insurance 2014.
• According to the new provisions of Decree 145/2020/ND-CP, amended and supplemented by Decree 129/2025/ND-CP, before June 5 and December 5, foreign employers must report the first 6 months of the year and annually on the situation of using foreign workers. In case a foreign worker works for an employer in many provinces and centrally run cities, within 3 working days from the date the foreign worker starts working, the employer must report via the public service information portal to the Department of Home Affairs where the foreign worker comes to work.

Step 4: Issue a temporary residence card according to the validity of the work permit for foreigners

After a foreign worker is granted a work permit in Vietnam, the next step is to apply for a Temporary Residence Card according to the term of the work permit. In Vietnam, the maximum term of a work permit is 02 years, so the maximum term of a temporary residence card is also 02 years according to the work permit.

Application for a temporary residence card

• Request the document of the agency, organization, or individual carrying out the invitation and sponsorship procedures (usually the employer)
• Application form for temporary residence card with photo attached: Form NA8 is issued with Circular No. 04/2015/TT-BCA regulating forms of documents related to entry, exit, and residence of foreigners in Vietnam. This application form is signed by the person requesting a temporary residence card, stating their full name. The sponsoring agency or organization stamps the photo and the application, and stamps the other side.
• Passport of the person applying for a temporary residence card;
• Work permit of the person requesting a temporary residence card;
• 03 color photos (2cm x 3cm in size, white background, face looking straight, bare head, no colored glasses), photos taken within 06 months from the date of application submission;
• Temporary residence certificate confirmed by the police of the commune/ward where the foreigner is temporarily residing;
• Documents proving the legal status of the guarantor.

Notes on the use of work permits and temporary residence cards

In case an employee terminates the labor contract with an enterprise or organization, it is necessary to revoke the work permit and temporary residence card issued to the foreigner as an employee at the enterprise or organization to avoid legal responsibilities of the enterprise or organization (if any).

Some related questions about work permits in Vietnam

How long is a work permit valid for?

The maximum term of a work permit is 02 years. In case of extension, it can only be extended once with a maximum term of 02 years.

Documents need to be consular legalized?

Documents issued/issued by foreign agencies, organizations, and enterprises that foreign employees submit in their application for a work permit must be consularly legalized, translated into Vietnamese, and authenticated in accordance with Vietnamese law.

Which units employ foreigners?

Any company, business, or organization operating legally in Vietnam is allowed to employ foreign workers. The unit employing foreign workers must fully comply with the provisions of the law.

Work permit consulting service for foreigners of Viet An Law Firm

In the context of deep international integration, more and more foreign experts, managers and technical workers come to Vietnam to work. Applying for a Work Permit is a mandatory procedure for foreign workers to work legally in Vietnam.

With many years of experience in advising FDI enterprises, representative offices and international organizations, Viet An Law Firm provides a full package – fast – prestigious service in applying for work permits for foreigners, including:

⚖️ 1. Consulting and supporting the preparation of documents

• Consulting on procedures for applying for a Judicial Record Card for foreigners in Vietnam (note: a certificate of temporary residence at the local police office is required).
• Consulting on documents, forms and conditions to be granted a work permit according to the latest regulations.
• Consulting on valid medical examination procedures in Vietnam for foreigners before submitting the application.
• Translation, notarization and consular legalization of foreign documents for dossiers (qualifications, work experience, practice licenses, etc.).

🧩 2. Completing and submitting work permit applications

• Assisting in drafting, reviewing and completing all work permit application documents.
• Consultancy and representation to submit dossiers at the Department of Home Affairs or the Management Board of industrial parks and export processing zones depending on where the enterprise is located.
• Monitor, process and receive work permit results on behalf of customers.

🚫 3. Advising on cases not subject to work permits

• Determine cases of work permit exemption (according to Decree 152/2020/ND-CP and Decree 218/2025/ND-CP, Decree 219/2025/ND-CP).
• Carrying out procedures for certifying that foreign workers are not subject to work permits.

🪪 4. Support after issuance of a work permit

• Consulting, guiding and preparing dossiers for issuance of Temporary Residence Card (TRC) for foreign workers and their accompanying relatives.
• Advising on renewing work permits, changing information, or applying for re-issuance in case of loss, damage, or change of job position.

💼 Why choose Viet An Law?

• More than 18 years of experience in the field of investment, labor and immigration consulting.
• Processing quickly – in accordance with regulations – absolute confidentiality of customer information.
• Representatives directly work with state agencies, helping customers save maximum time and costs.