Who Needs a Work Permit in Vietnam?

In today’s era of international integration, the number of foreign workers in Vietnam is increasing and making meaningful contributions to the country’s economy. However, this also requires proper management to ensure social order, protect the rights and obligations of foreign workers, and facilitate sustainable development. One key regulation is that foreign nationals must obtain a Work Permit to be legally employed in Vietnam.

Who Must Apply for a Work Permit?

According to Clause 1, Article 151 of the 2019 Labor Code, any foreigner wishing to work in Vietnam must obtain a Work Permit issued by a competent Vietnamese authority, except for exempted cases such as:

• Foreigners who are owners or capital-contributing members (for limited liability companies), or Chairpersons/Members of the Board of Directors (for joint-stock companies) with a capital contribution of at least VND 3 billion.
• Heads of representative offices, project managers, or those responsible for operations of international organizations or NGOs in Vietnam.
• Foreigners entering Vietnam for less than 3 months to offer services.

Conditions to Obtain a Work Permit in Vietnam
As stated in Clause 1, Article 151 of the Labor Code 2019, foreigners working in Vietnam must:

• Hold a valid foreign nationality;
• Have full civil act capacity;
• Be in good health for employment;
• Have technical skills, professional qualifications, and experience as required by the job;
• Not be serving a sentence or under criminal investigation.

Approval of Demand for Foreign Workers

Before applying for a Work Permit, employers must get approval for the need to employ foreign workers by submitting a request to the Department of Labor, Invalids, and Social Affairs.

Eligible Positions for Foreign Workers

Work permits are typically issued for the following positions:

• Managers, executives, specialists, and technical workers
• Intra-company transferees
• Service providers under contracts
• Foreigners offering services
• Foreigners working for international NGOs or foreign organizations permitted to operate in Vietnam
• Individuals responsible for establishing commercial presence
• Participants in project packages or tenders in Vietnam

Work Permit Application Documents

1. Application form (Form 11/PLI, Decree 152/2020/NĐ-CP)
2. Health certificate (issued within the last 12 months)
3. Criminal record (issued within the last 6 months)
4. Proof of qualifications (managerial, expert, technical)
5. 2 passport-sized photos (4cm x 6cm, white background)
6. Approval of demand for foreign workers
7. Passport copy (certified)
8. Related documents depending on the job role

Note: Foreign documents must be legalized (unless exempt) and translated into Vietnamese with notarization.

How to Prove Qualifications

For managers and directors:

• Enterprise charter or operational regulations
• Business registration certificate or equivalent
• Resolution or decision of appointment

For experts and technical workers:

• Degrees/certificates
• Work experience confirmation by foreign company or existing work permit

Specialized documents:

• Certificates for aviation maintenance, crew, sports, etc.
• Diplomas complying with Vietnam's education laws

Work Permit Application Procedure:

Step 1: Prepare the required documents
Step 2: Submit the application (at least 15 days before employment begins) via:

• Direct submission
• Postal services
• Online submission

Fees:

• MOH-level: No fee
• DOLISA-level: VND 400,000 to 1,000,000 depending on province

Step 3: Receive results within 5 working days If denied, an official explanation will be issued.

Common Questions

• Do exempt foreign workers need to apply? ➔ They must obtain a written confirmation that they are not subject to a work permit, except in some specific cases where only reporting is required.
• How long is a Work Permit valid? ➔ Up to 2 years, based on the labor contract.
• What are the penalties for working without a Work Permit? ➔ Foreign workers: Fines from VND 15M to 25M + deportation ➔ Employers:
  • 1–10 violations:        VND 30M – 45M
  • 11–20 violations:      VND 45M – 60M
  • 21+ violations:          VND 60M – 75M

Our Services at GoVietnamVisa.com

• Legal consultation for work permits
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