In the context of the strong influx of FDI, the demand for recruiting foreign experts and technical workers in Vietnam is increasing higher than ever. To ensure legal operation and protect the rights of enterprises, a Vietnam work permit is an indispensable prerequisite. To help clients quickly grasp the current legal regulations, Viet An Law Firm summarizes detailed instructions on the procedure for granting a work permit in Vietnam for foreigners below.
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Legal basis & latest documents applicable from 2025
Labor Code 2019 effective from January 1, 2021;
Decree 219/2025/ND-CP regulating foreign workers working in Vietnam, effective from August 7, 2025 (replacing Decree No. 152/2020/ND-CP, amended and supplemented by Decree No. 70/2023/ND-CP);
Decision 636/QD-BNV in 2025 announcing new and abolished administrative procedures in the field of employment; occupational safety and hygiene within the management scope of the Ministry of Home Affairs;
Decision 886/QD-BNV of the Ministry of Home Affairs detailing the procedure for granting a work permit in Vietnam for foreigners.
Conditions for granting a work permit for foreigners
According to Article 151 of the Labor Code 2019, the conditions for granting a work permit for foreigners are as follows:
Age: 18 years old or older and have full civil act capacity.
Professional qualifications & health: Having professional qualifications, technical skills, practical skills, work experience; having adequate health as prescribed by the Minister of Health.
Criminal record: Not a person who is currently serving a sentence, has an unspent conviction, or is being examined for penal liability according to foreign law or Vietnamese law.
In addition, foreign workers working in Vietnam must comply with Vietnam labor law and be protected by Vietnam law, unless international treaties to which the Socialist Republic of Vietnam is a member provide otherwise.
Application dossier for a work permit under the new regulations
Mandatory application components
According to Article 18 of Decree 219/2025/ND-CP, to complete the procedure for applying for a work permit in Vietnam, enterprises need to prepare a full set of dossiers including the following categories:
Application form: Written explanation of the demand for foreign workers and request for a work permit.
Health certificate: Valid within 12 months, issued by a qualified medical facility (no need to submit a paper copy if data is connected to the National Health Information System). A proper health check for work permit Vietnam is mandatory.
Passport: A certified copy of the passport still valid as prescribed.
Criminal record certificate: Written confirmation of no criminal record issued no more than 06 months ago. (Exempt from submission if interconnected administrative procedures have been carried out).
Portrait photo: 02 color photos (4x6cm), white background, looking straight, bareheaded, without color glasses, taken within 6 months.
Documents proving the form of work: Labor contract, document of appointment to work, or related cooperation agreements.
Documents proving the job position: Diplomas, certificates, or documents confirming experience to prove capacity as a Manager, Executive Director, Expert, or Technical Worker.
Forms used according to new regulations
The employer’s written report explaining the demand for foreign workers and requesting a work permit is according to Form No. 03 of the Appendix issued together with Decree 219/2025/ND-CP.
Common dossier errors causing rejection or delayed time
Not yet consularly legalized: Documents issued by foreign countries (diplomas, criminal records, experience confirmations…) must be consularly legalized and notarized and translated into Vietnamese, unless exempt under international treaties.
Conflicting information between documents: The job title in the written explanation of demand does not match the diploma or experience confirmation document of the worker.
Validity of the Criminal record certificate: Many applications are rejected because the Criminal record certificate has expired 06 months as of the date of application submission.
Health certificate not from the right level: Medical examination at facilities lacking competence to examine foreigners or using improper forms. A standard health check for work permit Vietnam must strictly follow Ministry of Health regulations.
Unconvincing job position description: The written explanation of the demand for foreign workers does not clearly state why Vietnamese workers cannot meet this position, leading to the functional agency not approving the position.
Changed passport information: The passport number on related documents (Criminal record, diploma) does not match the current passport (due to changing to a new passport) without accompanying proof documents.
Procedure for granting a work permit on the National Public Service Portal
Standard procedure steps according to Decision 886/QD-BNV
Step 1: Submit online application: The enterprise submits the dossier at least 10 days and no more than 60 days before the expected date the worker starts working online via the National Public Service Portal.
Step 2: Receipt & Appraisal: The system automatically transfers the dossier to the local competent authority for processing under the single-window mechanism.
Step 3: Return results: Within 10 working days, the competent authority issues a work permit if the dossier is valid. Within 03 working days, in case the application is rejected, the competent authority will issue a written response clearly stating the reason.
Receiving agency & resolving competence
Provincial People’s Committee;
Or the Provincial People’s Committee where the employer’s head office is located in case the foreign worker works for one employer in multiple provinces and centrally run cities;
Or the competent agency decided by the Provincial People’s Committee on decentralization.
Processing time
10 working days from the date of receiving a complete valid dossier as prescribed in case of approving the demand and granting a work permit.
03 working days from the date of receiving a complete dossier in case of not approving the demand for using foreign workers or not granting a work permit.
Fees
According to regulations in documents guiding the Law on Fees and Charges 2015, state fees are within the decision competence of the provincial People’s Council. Therefore, each locality will prescribe different specific fee levels.
The maximum term of a work permit is 02 years, in case of extension, it can only be extended once for a maximum term of 02 years.
At least 10 days but no more than 45 days before the work permit expires, the employer submits a dossier requesting a work permit extension directly or through public postal services or by hiring services of enterprises, individuals or through authorization to the local Public Administration Service Center where the foreign worker is working.
The unexpired work permit is lost or damaged and cannot be used.
Changes to one of the contents stated in the unexpired work permit: full name; nationality; passport number; changing the employer’s name without changing the employer’s identification code.
Penalties for violations & legal risks of not having a work permit
According to point a, clause 3, clause 4 and clause 5, Article 32 of Decree 12/2022/ND-CP regulating penalties for violations regarding foreign workers working in Vietnam without a work permit as follows:
Penalty level for foreign workers
Foreign workers without a Vietnam work permit will be fined from 15,000,000 VND to 25,000,000 VND.
Penalty level for enterprises employing illegal workers
For employers employing foreign workers to work in Vietnam without a work permit, the fines are as follows:
From 01 – 10 people: Fine 30,000,000 – 45,000,000 VND
From 11 – 20 people: Fine 45,000,000 – 60,000,000 VND
From 21 people or more: Fine 60,000,000 – 75,000,000 VND
The fine levels for the above acts apply to individuals. For organizations, the fine is twice the fine level for individuals.
Visa/Temporary Residence Card cancellation: If there is no valid work permit, labor-type residence documents will be revoked or not extended. Consequently, falling back on a business visa Vietnam might be heavily restricted or denied.
Forced deportation: Violating foreign workers will be forced to exit in a short time, causing disruption to the unit’s production and business plans.
Blacklist: Violation information is stored in the system of the Immigration Department, making it extremely difficult to apply for a business visa Vietnam or return to Vietnam to work in the future.
Contract risks: Labor contracts signed when not yet having a work permit can be declared invalid, leading to hard-to-resolve legal disputes.
Comprehensive work permit service – When should you use it?
Which enterprises should hire legal services?
Newly established/New FDI investment: Not yet understanding regulations on explaining labor demand and occupation codes according to the new standards.
Complex dossiers: Workers from countries with difficult consular legalization procedures or whose diplomas do not directly correspond to the applied position.
Urgent processing needed: Enterprises need experts to come and work immediately to keep up with project progress.
No dedicated legal department: Wanting to optimize resources to focus on production and business instead of tracking administrative procedures.
Benefits of using a specialized unit for work permits
“Soft” consulting: Instead of just submitting the dossier, we advise on how to describe the job position (Expert, Technical worker) so that the approval rate on the Public Service Portal is the highest.
Interconnected procedures: Support in implementing the Criminal record certificate and work permit simultaneously, helping to shorten the waiting time by 30 – 50%.
Comprehensive logistics processing: From notarized translation, consular legalization to guiding the medical examination at the exact medical facility qualified to do so.
Value-added services: Support in applying for a Temporary Residence Card (TRC) and labor-type visa right after getting the work permit, helping foreigners stabilize long-term residence.
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.
With many years of experience consulting for FDI enterprises, representative offices, and international organizations, Viet An Law Firm provides a comprehensive – fast – reputable service in applying for a work permit for foreigners in Vietnam. Clients in need of consultation, please contact Viet An Law Firm for the most professional and effective support.
Temporary residence card for foreigners with work permits provides the procedure and application to request and issue the temporary residence card for foreigners.
