Vietnam Work Permit: A Complete Guide for Hiring Foreign Workers

Who Needs a Work Permit in Vietnam?

As a general rule, all foreign nationals working in Vietnam must obtain a work permit, unless they qualify for an exemption under Vietnamese law.

The term “working in Vietnam” is broadly defined and may include:

• Working under a labor contract;

• Intra-corporate transfers;

• Performing contracts or agreements in the fields of economy, commerce, finance, education, sports, etc.;

• Service providers under contracts;

• Offering services in Vietnam.

Cases Exempted from Work Permit Requirements

While a work permit for foreigners in Vietnam is typically required, certain foreign nationals may be exempt but must still undergo the procedure for work permit exemption confirmation. Common exemption cases include:

• Owners or capital-contributing members of limited liability companies with capital contributions of VND 3 billion or more;

• Chairpersons or members of the Board of Directors of joint-stock companies with contributions of VND 3 billion or more;

• Heads of representative offices or projects of international organizations or NGOs in Vietnam;

• Intra-corporate transferees in 11 service sectors under Vietnam’s WTO commitments (business, information, construction, distribution, education, environment, finance, health, tourism, culture and entertainment, and transport);

• Staying in Vietnam for less than 3 months to offer services;

• Staying in Vietnam for less than 3 months to resolve technical or technological issues affecting production or business;

• Foreign lawyers licensed to practice in Vietnam;

• Foreigners married to Vietnamese citizens and residing in Vietnam;

• Managers, executives, experts, or technical workers working less than 30 days per occasion and no more than 3 times per year.

Important note: Even if exempt, the employer must still apply for a confirmation that the foreign employee is not subject to work permit issuance before the employee starts working.

Requirements to Obtain a Work Permit in Vietnam

For Foreign Workers:

• Must be 18 years of age or older and fully capable of civil acts;

• Possess the necessary qualifications, skills, and experience for the job;

• Be in good health according to regulations by the Ministry of Health;

• Have no criminal record and are not under criminal investigation or prosecution;

• Be sponsored by a company in Vietnam with an approved demand for foreign labor.

For Employers:

• Must provide justification for hiring foreign labor for positions that cannot be filled by Vietnamese workers;

• Must obtain official approval for the demand to use foreign workers from a competent authority.

Required Documents for Work Permit Application

Employers must prepare and submit a complete and valid set of documents, including:

1. Application letter for work permit (using the prescribed form);

2. Health certificate or medical report (issued in Vietnam or overseas);

3. Criminal record certificate (from overseas and/or Vietnam);

4. Documents proving professional qualifications and experience (e.g., degree, experience confirmation);

5. Written approval of the demand for foreign labor;

6. Certified copy of valid passport;

7. Two 4×6 cm color photos, white background, taken within the last 6 months;

8. Other documents as applicable (intra-company transfer letters, labor contracts, etc.).

Note on legalization: Any documents issued by foreign authorities (criminal records, degrees, experience certificates) must be consular legalized and notarized Vietnamese translations must be provided.

Work Permit Process and Timeline

1. Step 1: Employer submits an application for approval of the demand for foreign labor to the Department of Home Affairs (DoHA) or the Management Board of Industrial Zones/Economic Zones (at least 15 days before the proposed start date);

2. Step 2: Upon approval, prepare the full set of work permit application documents;

3. Step 3: Submit the work permit application to DoHA;

4. Step 4: The processing time is 5 working days from the date of receipt of a complete and valid dossier. The authority will either issue the work permit or provide a written explanation if denied.

Validity, Renewal, and Reissuance of Work Permits

• Validity: A Vietnam work permit is valid for up to 2 years.

• Renewal: It can be renewed once only, for a maximum of 2 more years. After that, a new work permit application must be submitted.

• Reissuance: Applicable when the original permit is lost, damaged, or if there are changes in personal information (e.g., passport number, nationality, work location, etc.).

Penalties for Violations Related to Work Permits

Working without a valid work permit is a serious violation and subject to penalties under Decree No. 12/2022/NĐ-CP.

For Foreign Workers:

• Fines: From VND 15,000,000 to VND 25,000,000;

• Additional sanction: Deportation from Vietnam.

For Employers:

Fines are doubled for organizations compared to individuals and escalate based on the number of violations:

• From 01 to 10 employees: VND 60,000,000 to VND 90,000,000;

• From 11 to 20 employees: VND 90,000,000 to VND 120,000,000;

• From 21 employees or more: VND 120,000,000 to VND 150,000,000.

Revocation of Work Permits

A Vietnam work permit will be revoked under the following circumstances:

• The work permit has expired;

• The labor contract is terminated;

• Documents submitted for the permit are found to be falsified;

• The employer or employee fails to comply with regulations;

• The employer ceases operation.

Employers are responsible for collecting and returning the work permit to the authorities in these cases.