Work Permit: Conditions, Dossier, Procedures, and Latest Issuance Process

1. When is a Work Permit Required?

A work permit is a specialized procedure applicable only to foreign workers employed in Vietnam and does not apply to Vietnamese citizens working domestically.

To legally enter and work in Vietnam, foreign workers must obtain a work permit, except in cases exempted under Decree 152/2020/NĐ-CP. In addition to obtaining a work permit, foreign workers must meet the following conditions:

a) Be at least 18 years old and have full civil act capacity;

b) Possess professional qualifications, technical skills, occupational experience, and meet health requirements as stipulated by the Minister of Health;

c) Not be currently serving a criminal sentence, have an unexpunged criminal record, or be under criminal prosecution under foreign or Vietnamese law.

2. Who is Eligible for a Work Permit?

To promote the development of domestic human resources, Vietnam strictly limits the employment of foreign workers. Therefore, not all foreigners are permitted to work in Vietnam and obtain a work permit.

Pursuant to Clause 1, Article 152 of the Labor Code 2019, enterprises, agencies, organizations, individuals, or contractors may only recruit foreign workers for managerial, executive, expert, or technical positions that Vietnamese workers cannot yet fulfill based on production and business needs.

Thus, domestic enterprises may only recruit foreign workers for the following four positions:

a) Enterprise Manager

A manager is defined as the head or deputy head of an agency or organization.

b) Executive Director

An executive director is the head who directly manages a unit under an agency, organization, or enterprise.

c) Expert

An expert is a foreign worker who meets one of the following criteria:

• Holds a university degree or equivalent and has at least 3 years of work experience in the trained specialty relevant to the position the foreign worker is expected to fill in Vietnam;
• Has at least 5 years of experience and a professional certificate relevant to the position the foreign worker is expected to fill in Vietnam;
• Special cases as decided by the Prime Minister upon the proposal of the Ministry of Labor, Invalids, and Social Affairs.

d) Technical Worker

A technical worker is a foreign worker who meets one of the following criteria:

• Has been trained in a technical or other specialty for at least 1 year and has worked for at least 3 years in the trained specialty;
• Has at least 5 years of experience in a job relevant to the position the foreign worker is expected to fill in Vietnam.

3. Dossier for Applying for a Work Permit

The dossier for applying for a work permit includes:

a) An application form for a work permit as per Form No. 11/PLI, Appendix I.

b) A health certificate.

c) A judicial record certificate issued no more than 6 months prior to the date of dossier submission.

d) Documents proving the applicant is a manager, executive director, expert, or technical worker, including:

• Documents proving the status as a manager or executive director.
• Documents proving the status as an expert or technical worker, such as degrees, certificates, or written confirmation from foreign agencies, organizations, or enterprises regarding the years of experience of the expert or technical worker.
• Documents proving the experience of foreign football players, an International Transfer Certificate (ITC) issued for foreign football players, or a document from the Vietnam Football Federation confirming temporary or official registration for a player with a Vietnamese club.
• A pilot license issued by a competent Vietnamese authority or a foreign authority recognized by a Vietnamese authority.
• A certificate of professional qualifications in aircraft maintenance issued by a competent Vietnamese authority or a foreign authority recognized by a Vietnamese authority.
• A certificate or recognition of professional competence issued by a competent Vietnamese authority for foreign seafarers.
• A certificate of high achievement in sports, confirmed by the Ministry of Culture, Sports, and Tourism for sports coaches, or possession of at least one of the following qualifications: AFC B coaching license, AFC Level 1 goalkeeping coaching license, AFC Level 1 fitness coaching license, AFC Level 1 futsal coaching license, or any equivalent coaching qualification recognized by the AFC.
• Degrees issued by competent authorities meeting the requirements for qualifications or standard qualifications under the Education Law, Higher Education Law, Vocational Education Law, and Regulations on the Organization and Operation of Foreign Language and IT Centers.

e) Two color photographs (4 cm x 6 cm, white background, straight face, bareheaded, no colored glasses), taken no more than 6 months prior to the date of dossier submission.

f) A written approval of the need to employ foreign workers, except in cases where such approval is not required.

g) A certified copy of a valid passport as per legal regulations.

h) Documents related to the foreign worker, including:

• For intra-company transfers: A document from the foreign enterprise assigning the worker to work in Vietnam and proof that the worker was employed by that enterprise for at least 12 consecutive months prior to working in Vietnam.
• For performing economic, commercial, financial, banking, insurance, or other contracts or agreements: A contract or agreement signed between Vietnamese and foreign partners, specifying that the foreign worker will work in Vietnam.
• For service providers under a contract: A service contract signed between Vietnamese and foreign partners and proof that the worker has worked for a foreign enterprise without a commercial presence in Vietnam for at least 2 years.
• For offering services: A document from the service provider assigning the foreign worker to Vietnam to negotiate service provision.
• For working for foreign non-governmental organizations or international organizations in Vietnam: A document from the agency or organization assigning the foreign worker to work for the foreign non-governmental organization or international organization in Vietnam, except in cases involving labor contracts or operating licenses of foreign non-governmental organizations or international organizations in Vietnam.
• For managers, executive directors, experts, or technical workers: A document from the foreign enterprise, agency, or organization assigning the worker to work in Vietnam, relevant to the intended position.

Note: Documents issued by foreign agencies or organizations must be consular legalized and translated into Vietnamese (with certification) before submission.

4. Procedure for Applying for a Work Permit

Pursuant to the Labor Code and Decree 152/2020/NĐ-CP, the procedure for applying for a work permit for eligible foreign workers is as follows:

a) Dossier Preparation Phase

• The enterprise prepares one complete dossier as outlined in Section 3. Documents issued by foreign agencies or organizations must be consular legalized and translated into Vietnamese before submission.

b) Procedure for Obtaining Approval for Employing Foreign Workers

• Step 1: At least 30 days before the intended date of employing foreign workers, the employer (except contractors) must determine the need to employ foreign workers for positions that Vietnamese workers cannot yet fulfill.
• Step 2: The enterprise submits an explanatory report to the Ministry of Labor, Invalids, and Social Affairs or the People’s Committee of the province where the foreign worker is expected to work, using Form No. 01/PLI, Appendix I.
• Step 3: Within 10 days, the Ministry of Labor, Invalids, and Social Affairs or the provincial People’s Committee issues a written approval or rejection regarding the employment of foreign workers.

After obtaining approval to employ foreign workers, the enterprise proceeds to submit the work permit application. If the approval is denied, the enterprise may file a complaint or submit a new explanatory report.

c) Submitting the Work Permit Application

• Step 1: The enterprise submits the work permit application form (Form No. 11/PLI) and other required documents.

Submission Location: The Ministry of Labor, Invalids, and Social Affairs or the Department of Labor, Invalids, and Social Affairs where the foreign worker is expected to work.

Submission Deadline: At least 15 days before the foreign worker’s intended start date in Vietnam.

• Step 2: The competent authority receives the dossier and issues a receipt to the enterprise.
• Step 3: Within 5 working days, if the dossier is valid, the Department of Labor, Invalids, and Social Affairs issues the work permit as requested. If the dossier is invalid, it will be returned with a request for supplementation.
• Step 4: The enterprise collects the work permit as per the receipt.

Disclaimer:

This article is intended for informational purposes only and does not constitute legal advice from HTH & Partners. The content represents the views of HTH & Partners and is subject to change without prior notice.

The legal provisions referenced in this article were valid at the time of publication but may have been amended or repealed by the time of reading. We strongly recommend consulting a qualified legal professional before applying any information contained herein.