Summary of Legal Documents on Work Permits in Vietnam 2026

The summary of legal documents on work permits in Vietnam 2026 serves as an essential legal handbook for enterprises and organizations employing foreign personnel in Vietnam amidst continuously updated regulations. Clear comprehension of the active work permit legal framework optimizes employee sponsorship and mitigates latent compliance risks. To establish a legally secure environment, companies should fully understand how to apply for a work permit in Vietnam or identify a valid work permit exemption. This article by Viet An Law Firm details all active work permit regulations in Vietnam, including qualification criteria, dossiers, and administrative jurisdictions updated for 2026. For specialized corporate assistance, using a professional work permit application service ensures a seamless approval workflow.

Primary legal documents governing the work permit legal framework in 2026 in Vietnam

The system of legal documents on work permit procedures governing the activities of foreign citizens employed in Vietnam in 2026 consists of the following core legislation:

• Labor Code No. 45/2019/QH14 (as amended and supplemented by Laws in 2025 and issued under Consolidated Text No. 18/VBHN-VPQH dated February 12, 2026).
• Decree No. 219/2025/ND-CP dated August 7, 2025 of the Government providing detailed regulations on foreign laborers working in Vietnam.
• Decree No. 12/2022/ND-CP dated January 17, 2022 of the Government on administrative penalties in the fields of labor and social insurance.

Labor Code 2019 and regulations on foreign laborers in Vietnam

The current Vietnam labor law on foreign workers outlines foundational baselines for overseas staff:

• General conditions: According to Article 151 of this Code, a foreign worker in Vietnam must be at least 18 years of age with full civil act capacity; possess professional qualifications, skills, and appropriate health; and have no criminal record or ongoing criminal prosecution.
• Contract term: Clause 2, Article 151 of the Labor Code stipulates that the employment contract duration for a foreign worker must not exceed the duration of their work permit in Vietnam, allowing both parties to mutually agree on multiple consecutive definite-term labor agreements.
• Recruitment principle: Article 152 of the Labor Code dictates that enterprises are only permitted to recruit foreign nationals into positions of managers, executive directors, experts, and technical workers for which local Vietnamese labor cannot yet satisfy.

Decree No. 219/2025/ND-CP on foreign laborers working in Vietnam

Decree No. 219/2025/ND-CP issued by the Government on August 7, 2025, directly details active administrative sequences for the issuance, re-issuance, extension, and revocation of work permits:

• Scope of regulation: Details Article 157 and Clauses 1, 2, 9 of Article 154 of the Labor Code.
• Expanded work forms: Article 2 of this Decree explicitly lists authorized employment formats ranging from executing standard employment contracts, internal transfers, and contractual service providers to volunteers and authorized working relatives of foreign representative mission members.
• Modernization of procedures: Article 6 of Decree 219/2025/ND-CP mandates online application submissions via the National Public Service Portal, optimizing a single-window interconnected review mechanism.

Legal documents regulating work permit qualifications for foreign nationals in Vietnam

Work permit eligibility combines rules from the Labor Code and detailed guidelines in Decree No. 219/2025/ND-CP:

Beyond the general age, capacity, and health traits in Article 151 of the Labor Code, specialized criteria apply to specific job roles:

Manager positions

• Must be an enterprise manager as defined under the Law on Enterprises.
• Or must be the head or deputy head of a lawful agency or organization.

Executive director positions

Must satisfy one of the following instances:

• The head of a branch, representative office, or business location.
• The head who directly runs a specific operational field of an organization or enterprise, paired with at least 3 years of experience matching the prospective position.

Expert positions

Must satisfy one of the following instances:

• Holds a bachelor’s degree or higher (or equivalent) and a minimum of 2 years of relevant work experience.
• Holds a bachelor’s degree or higher matching the exact specialization and a minimum of 1 year of relevant work experience (applied specifically to fields: finance, science, technology, innovation, national digital transformation, or priority fields designated by competent state agencies).

Technical worker positions

Must satisfy one of the following instances:

• Trained for at least 1 year and possesses a minimum of 2 years of matching work experience.
• Possesses a minimum of 3 years of work experience matching the prospective position.

Documents regulating dossiers for the issuance, re-issuance, and extension of work permits

Enterprises must compile complete components listed under Chapter III of Decree No. 219/2025/ND-CP:

Dossier for new work permit issuance

Pursuant to Article 18 of Decree No. 219/2025/ND-CP, the folder consists of:

• An explanatory report on foreign labor demand and request for permit issuance (Form No. 03).
• A lawful health check certificate issued by a competent medical facility within the past 12 months.
• A criminal record certificate issued no more than 6 months prior to the submission date.
• Degrees, certifications, and written experience confirmation letters matching the position.
• 02 color passport photos with a white background and a valid copy of the applicant’s passport.

Dossier for work permit re-issuance

According to Article 24 of Decree No. 219/2025/ND-CP, this applies when a valid permit is lost, damaged, or undergoes information changes (full name, nationality, passport number, or change of the employer’s name):

• A written request for re-issuance using Form No. 03.
• 02 color photos and documents proving the altered information contents.
• The original active work permit (except in cases of loss).

Dossier for work permit extension

According to Article 27 of Decree No. 219/2025/ND-CP, the folder includes:

• An explanatory text and extension request (Form No. 03).
• A valid health check certificate, an active passport, and 02 color photos.
• The active work permit previously issued and documents proving the foreign worker continues employment under the exact regulated form.

Legal documents governing cases not subject to work permit issuance in Vietnam

Pursuant to Article 154 of the Labor Code and Article 7 of Decree No. 219/2025/ND-CP, cases qualifying for a work permit exemption include:

• Owners or capital contributing members of a limited liability company, and Chairpersons or members of the Board of Directors of a joint-stock company with a capital contribution value of 3 billion VND or more.
• Foreign nationals entering Vietnam to work as managers, executive directors, experts, or technical workers for a total duration of less than 90 days within 1 year.
• Foreign lawyers who have been granted a License to Practice Law in Vietnam under active work permit regulations in Vietnam.
• Foreign nationals married to Vietnamese citizens and residing within the territory of Vietnam.
• High-quality digital technology industrial human resources under relevant statutory laws.

Documents regulating work permit exemption confirmation certificates in Vietnam

For cases qualifying for a waiver, executing the procedure to obtain a confirmation certificate is mandatory. The dossier and sequence are clearly set under Section 1, Chapter II of Decree No. 219/2025/ND-CP:

• Request dossier:
  • A written request form;
  • Health check certificate;
  • Passport copy;
  • 02 color passport photos;
  • Specialized professional papers proving exemption eligibility.
• Processing timeline: 05 working days from the date of receiving a complete, valid dossier.
• Validity period of the certificate: Maximum of 02 years, eligible for a single extension up to a maximum of 02 additional years.

Documents regulating notifications for foreign workers exempt from work permits in Vietnam

According to Clause 4, Article 9 of Decree No. 219/2025/ND-CP, not all waiver categories require an official certificate. Instead, when a worker falls under the following categories, the enterprise only needs to execute a notification procedure:

Eligible subjects for notification

• Entering Vietnam for less than 03 months to offer services for sale.
• Entering Vietnam for less than 03 months to handle complex technical or technological incidents that experts currently inside Vietnam cannot handle.
• Foreign lawyers who have been granted a License to Practice Law in Vietnam.
• Foreign nationals married to Vietnamese citizens and residing within the territory of Vietnam.
• Owners or capital contributing members of an LLC with a capital contribution value of 3 billion VND or more.
• Chairpersons or Board of Directors members of a JSC with a capital contribution value of 3 billion VND or more.
• Foreign reporters and journalists conducting media activities confirmed by the Ministry of Foreign Affairs.
• Relatives of foreign representative mission members in Vietnam permitted to work under international treaties to which Vietnam is a member.
• Persons responsible for establishing a commercial presence.
• Managers, executive directors, experts, or technical workers entering Vietnam to work for a total duration of less than 90 days within 1 year.

Notes on executing the notification procedure

• Notification deadline: At least 03 working days prior to the date the foreign national is expected to commence working in Vietnam.
• Notification contents: Worker information (full name, date of birth, nationality, passport number), the employer’s name, and the specific work location and duration.

Documents regulating the competent authority to issue work permits in 2026 in Vietnam

The most profound institutional adjustment under active legal documents on work permit procedures in 2026 is the complete decentralization of state management authority under Decree No. 219/2025/ND-CP:

General authority

According to Article 4 of Decree 219/2025/ND-CP, the provincial People’s Committee holds the comprehensive power to decide and manage the issuance, re-issuance, extension, and revocation of work permits locally. Simultaneously, the provincial People’s Committee has the right to delegate this authority to specialized sub-departments.

Decentralized authorities

Currently, provincial People’s Committees usually decentralize and assign rights to the

• Department of Home Affairs or the Department of Labor,
• Invalids and Social Affairs.

Subsequently, specialized sub-departments often delegate tasks to commune-level People’s Committees to handle new issuances, changes, and extensions of a work permit in Vietnam. For smooth handling across these shifting authorities, retaining a professional work permit application service provides vital administrative security.

Documents regulating consular legalization of materials in Vietnam

The legal validity of files issued by overseas bodies is tightly monitored under Article 5 of Decree No. 219/2025/ND-CP:

• Mandatory requirement: All overseas documents (degrees, experience confirmation letters, criminal records) must undergo consular legalization, except where exempted under international treaties to which Vietnam is a party or under reciprocity principles.
• Translation and authentication: Following consular legalization, papers must be translated into Vietnamese and authenticated per statutory law. If copies are utilized, they must be authenticated from the originals before translation.

Documents regulating the validity of work permits and exemption certificates

The validity parameters are aligned under Article 155 of the Labor Code and Article 21 of Decree 219/2025/ND-CP:

• Newly issued work permit: Maximum of 02 years.
• Work permit extension: Granted a single time for a maximum duration not exceeding 02 years.
• Work permit exemption certificate: New issuance maximum of 02 years, with an extension cap of 02 years (extendable only once).

Documents regulating penalties for non-compliance

Strict administrative sanctions and judicial measures are set under Article 32 of Decree No. 12/2022/ND-CP:

• For foreign workers: Administrative fines up to 25,000,000 VND and deportation from the territory of Vietnam.
• For employers: Administrative penalties reaching up to 150,000,000 VND.

Outdated documents on work permits to note when searching

When evaluating active work permit regulations in Vietnam, companies must note the status of old laws to prevent incorrect compliance:

• Decree No. 152/2020/ND-CP and Decree No. 70/2023/ND-CP (which amended Decree 152) officially expired on the effective date of Decree No. 219/2025/ND-CP (August 7, 2025).
• Provisions on work permit decentralization under Article 8 and Section 2 of Appendix II of Decree No. 128/2025/ND-CP also expired on August 7, 2025, yielding full governing power to specialized Decree No. 219/2025/ND-CP.

Process of searching legal documents under the Vietnam labor law on foreign workers

Process of searching legal documents

To determine if a piece of legislation remains active under the work permit legal framework, reviewers should follow these steps:

• Search original and amended texts: Verify if the applied document has been compiled into the latest updated Consolidated Text.
• Check transitional provisions: For example, under Article 34 of Decree No. 219/2025/ND-CP, permits issued under Decree 152/2020/ND-CP or Decree 128/2025/ND-CP remain valid until their stated expiration date.
• Identify superseding legislation: When a new Decree declares the abolition of old laws (such as Article 35 of Decree 219/2025/ND-CP repealing foreign labor rules in Decree 152 and Decree 128), all new processes must fully adapt to the incoming text.

Summary table of legal documents on work permits in Vietnam 2026

To provide a clear overview of the current system, the table below highlights active statuses and core contents:

Viet An Law Firm consulting services on work permit legal documents

As a premier legal firm, Viet An Law Firm provides expert guidance on the Vietnam labor law on foreign workers and comprehensive corporate solutions:

• Advising and continuously updating clients on active trends and legal documents on work permit developments.
• Assisting enterprises to draft and optimize labor demand explanation reports, along with dossiers for new issuance, re-issuance, and extensions.
• Representing enterprises to execute online applications and interface with competent state departments or decentralized local committees.
• Reviewing document compliance, while managing consular legalization and accurate judicial translation.

Frequently asked questions regarding legal documents on work permits in 2026 in Vietnam

Which legal texts must enterprises check regarding work permits in 2026?

Enterprises must monitor the Labor Code, Decree 219/2025/ND-CP, and relative corporate administrative decrees.

What core guidance does Decree 219/2025/ND-CP provide?

Decree 219/2025/ND-CP guides conditions, folder compositions, sequences for issuance, extension, re-issuance, and cases eligible for a work permit exemption.

Do businesses need to verify local provincial guidelines?

Yes. Individual provinces may possess customized directives regarding receiving offices, filing formats, and decentralized processing workflows.

If old and new documents contain conflicting terms, which one applies? Enterprises must apply the text currently active at the exact time of executing the procedure, while evaluating transitional rules if applicable.

How does Viet An Law Firm support businesses with work permit legislation?

Viet An Law Firm supports regulatory reviews, evaluates conditions, compiles files, and represents companies using our comprehensive work permit application service for issuance, extension, re-issuance, or exemption requests.

The text above is the summary of legal documents on work permits in Vietnam 2026 compiled by Viet An Law Firm. If you encounter administrative hurdles or require specialized legal support, please contact Viet An Law Firm for prompt assistance.