Obtaining work permits is vital for businesses in Vietnam that wish to hire and compensate international staff. It is important for both employers and foreign professionals to grasp these prerequisites to stay aligned with Vietnam’s employment regulations.

A work permit not only validates a foreigner’s legal working status but also grants access to a range of social security benefits and safeguards. Although sometimes intricate, the process is intended to strike a balance between attracting foreign talent to boost the economy and preserving employment opportunities for local citizens. This concise guide outlines the steps involved in applying for a work permit.

The requirements for foreign workers working in Vietnam

According to the 2019 Labor Code, Article 151.1, the conditions for foreigners to work in Vietnam are as follows:

• Be at least 18 years old and have full legal capacity.
• Possess the necessary technical expertise, professional qualifications, or relevant work experience, along with the required health standards as outlined by the Ministry of Health.
• Must not be serving a sentence, have unresolved criminal records, or be under criminal prosecution under either Vietnamese or foreign law.
• Hold a valid work permit issued by the relevant authorities in Vietnam, except for cases outlined in Article 154 of the Code.

Foreign employees working in Vietnam must satisfy these conditions, comply with the Labor Code, and are afforded protection under Vietnamese law unless international treaties to which Vietnam is a party state otherwise.

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Conditions for Issuing Work Permits

Under current regulations, foreign employees must meet the following criteria to apply for a work permit:

• The individual must have full legal capacity in accordance with the law.
• The foreign employee must prove they are in good health and fit for the job requirements.
• They must not have a criminal background or be under criminal investigation under either Vietnamese or international law.
• The foreign worker must be in a managerial position, an operations chief, a specialist, or a technician and provide documentation verifying their qualifications, as stated in Decree 152/2020/NĐ-CP, Article 3:

For Foreign Experts:

• Must hold at least a bachelor’s degree or higher (or equivalent) and have a minimum of 3 years of experience in the relevant field.
• Having at least 5 years of experience and a valid practice certificate related to the role they intend to work in, with consular legalization.

For Technical Workers:

• Must have undergone at least one year of technical training or a related field and have at least 3 years of experience in the trained profession, with consular legalization.
• Or, must have at least 5 years of relevant experience in the position for which they are being hired in Vietnam.

For Executives and Managers:

• Must provide a formal appointment decision.
• Must also have at least 5 years of experience relevant to the position they are to undertake in Vietnam.

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How to Apply for a Vietnam Work Permit?

To obtain a work permit in Vietnam, both the employer and foreign employee must follow these steps and provide the necessary documents:

Step 1: Apply for Approval to Employ Foreign Workers 

At least 30 days before the foreign worker is expected to start, the employer must submit an application for approval to hire foreign workers.

The employer needs to prepare the following documents:

• Registration form for the use of foreign employees (Form No. 01/PLI under Decree 152/2020/ND-CP, or Form No. 02/PLI if there are changes in demand for foreign employees);
• Certified copy of the business registration certificate;
• Letter of authorization, if the submission is made by someone other than the company’s legal representative.

The processing time is 15 working days for direct submission and 12 working days for online submission.

Step 2: Prepare Documents for the Work Permit

The employer must prepare the following documents:

• Application form for a Vietnam work permit (Form No. 11/PLI);
• Original health check certificate from Vietnam or a legalized health check from abroad, accompanied by a certified Vietnamese translation. The certificate must be issued within the past 12 months;
• Original Vietnam Police Check or a legalized police check from abroad, with a certified Vietnamese translation. The certificate must be issued within the past 6 months;
• Certified copy of the foreign worker's valid passport;
• Approval letter obtained in Step 1;
• Two 4x6 cm photos (see photo requirements);
• Legalized documents proving the foreign worker’s qualifications for the position, with certified Vietnamese translation.

Step 3: Submit Documents to get the Work Permit

At least 15 days before the foreign worker’s start date, the employer must submit the prepared documents to the Ministry of Labor, War Invalids and Social Affairs, or the Department of Labor, Invalids and Social Affairs in the relevant province.

Step 4: Receive the Work Permit

The employer will receive the work permit (Form No. 12/PLI) within 5 working days of submitting complete and valid documents. If the application is denied, the employer will receive an explanation for the refusal.

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Vietnam Work Permit Validity and Extension

According to Decree No. 152/2020/ND-CP, a work permit in Vietnam is valid for up to 2 years and can be extended once for an additional 2 years by following the prescribed extension procedure. Once the extended work permit expires, the employer must follow the same process to apply for a new work permit if they wish to continue employing the foreign worker.

How NVCS can help

Applying for work permits in Vietnam can be challenging without sufficient local knowledge or experience, as the process involves multiple steps and documents, which may be affected by changes in legal regulations. NVCS’s experts, based in Hanoi and Ho Chi Minh City, can assist you with our Vietnam work permit services by:

• Keeping you informed of the latest regulations regarding Vietnam work permits;
• Reducing the amount of documentation required for your application;
• Guiding you on how to prepare and where to obtain the necessary documents;
• Verifying the legality and coherence of your documents;
• Handling all procedures with the Vietnam Department of Labor, Invalids and Social Affairs on your behalf;
• Providing updates on your work permit status; 

Contact us now!

• Lawyer: Mr. Tony
• Phone: +84 919 195 939
• Email: tuulawyer@nvcs.vn
• Website: nvcs.vn