New Regulations on Work Permit Conditions for Foreigners 2026

Essential Work Permit Conditions for Foreigners

To secure a work permit, a foreign national must simultaneously meet several groups of conditions:

• Age and Legal Capacity: Must be at least 18 years old with full legal capacity.
• Health Conditions: Must possess a valid health certificate from a qualified medical facility.
• Clean Criminal Record: No prior convictions or pending criminal investigations.
• Qualifications and Expert Experience: Specific degrees and years of practice in the field.
• Job Positioning: The role must align with the candidate’s professional background.
• Employer Eligibility: The hiring company must justify the need for foreign labor.

Foreign Labor Eligibility for Work Permits

Not all foreign workers in Vietnam are required to obtain a work permit. Under the new regulations, foreign labor eligibility for a work permit is divided into two primary categories: the mandatory Work Permit group and the group eligible for a Work Permit exemption based on specific criteria.

According to the new Decree, foreign labor eligibility is no longer classified solely by job title but also based on the form of employment, duration of work, and the purpose of entry into Vietnam. This classification is a vital step before evaluating further documentation requirements.

1. Mandatory Work Permit Group

The most common positions required to meet work permit conditions include:

• Manager: Individuals who head or are in charge of an organization, enterprise, or a specific department, with the authority to make decisions affecting general operations (as defined in Clause 24, Article 4 of the Law on Enterprises 2020). Typical roles: Director, Deputy Director, Senior Department Head.
  • Required Proof: Company Charter and documents confirming the management role, or an authoritative appointment/dispatch letter.
• Executive Director: This position is categorized as an independent group for the first time under Decree 219 (previously grouped with Managers). An Executive Director is defined as the person who heads and directly operates a specific field within an agency, organization, or enterprise.
  • Specific Requirement: Must have at least 3 years of experience in a field suitable for the prospective position—a higher threshold compared to the Expert group.
• Expert: Individuals with deep professional qualifications recognized in relevant fields through degrees, certificates, or verified practical experience. This group sees the most significant change in Decree 219: the expert experience requirement is reduced from 3 years to 2 years for those holding a university degree.
• Technical Worker: Generally requires:
  • At least 1 year of specialized training.
  • 2–3 years of relevant experience, depending on the specific case.

2. Work Permit Exemption Group

Beyond those required to apply for a permit, current law also stipulates various cases for Work Permit exemption.

Examples include:

• Intra-corporate transferees.
• Capital-contributing members (Owners/Shareholders).
• Certain short-term work assignments.
• Experts in priority sectors.

Note: Being exempt from a work permit does not mean being exempt from all administrative procedures. Employers must still complete the necessary notification or certification steps with the authorities.

Work Permit Eligibility Requirements Under Decree 219/2025/ND-CP 

1. Age and Legal Capacity

A mandatory requirement among the work permit conditions is that the foreign laborer must:

• Be at least 18 years of age.
• Possess full legal capacity in accordance with the law.

In practice, the condition of legal capacity is often overlooked by businesses because it does not require a specific standardized form. However, it remains a compulsory criterion within the set of work permit conditions under current regulations. If an employee is facing personal legal issues or related disputes, businesses should conduct a thorough review before preparing the application.

2. Health Standards

A key pillar of the work permit conditions is the possession of a valid health certificate.

• Validity: The health certificate is typically valid for 12 months.
• Authority: It must be issued by a medical facility that meets the regulatory requirements.
• Foreign Certificates: If issued abroad, the certificate may require consular legalization and a notarized translation.

Currently, several localities have begun implementing linked electronic health data, which helps reduce the reliance on physical paperwork during the submission process. 

See more: “List of Hospitals Authorized for Work Permit Health Check-ups.”

3. Clean Criminal Record Requirement

Among the various work permit conditions, the requirement for a clean criminal record is the most frequent cause of processing delays. According to regulations, the laborer must prove that they:

• Are not currently serving a sentence.
• Are not under criminal prosecution.
• Do not have a criminal record that has not been expunged.

Criminal Record Certificate requirements:

• Must be issued no more than 6 months prior to submission.
• May require consular legalization.
• Must undergo notarized translation into Vietnamese.

A clean criminal record is not only a mandatory document but also a vital factor in evaluating work permit conditions in Vietnam. In reality, many applications are delayed or rejected due to seemingly minor errors such as:

• Expired criminal record certificates.
• Incorrect legalization procedures.
• Missing or improper Vietnamese translations.

Thoroughly auditing the dossier from the start helps businesses save time, mitigate risks, and enhance the success rate of approval. If your business requires assistance in reviewing criminal records, legalizing documents, or assessing actual eligibility before filing, Far East Legal is ready to provide expert support to ensure your application is processed rapidly and in full compliance with the latest laws.

4. Professional Qualifications: Degrees and Experience

This is the most complex category within the overall work permit conditions. It is also the area where businesses most frequently misunderstand expert experience, especially in cases where the candidate’s job titles across various past documents are inconsistent.

Common requirements include:

• For Experts:
  • With a university degree: Minimum 2 years of experience.
  • Without a university degree: Minimum 3 years of experience.
• For Technical Workers:
  • Minimum of 1 year of professional training.
  • Possession of relevant experience as required.

Comparison Before and After Decree 219/2025 

Employer Requirements

Apart from employee qualifications, employers must also prove they are hiring individuals belonging to proper work permit eligible subjects.

Common requirements include:

• Explanation of foreign labor demand
• Preparation of prescribed forms
• Ensuring employees work under approved positions

Consular Legalization and Notarized Translation

For many work permit applications, this step causes the longest delays.

Common documents requiring legalization:

• Degrees
• Experience confirmation letters
• Criminal record certificates
• Health certificates

Typical process:

1. Consular legalization
2. Vietnamese translation
3. Notarization

Frequently Overlooked Conditions

Common mistakes include:

• Incorrect job title
• Incorrect expert experience description
• Expired clean criminal record
• Company transfer without work permit reissuance
• Change of workplace without notification

These may seem minor but often directly affect approval timelines.