Navigating Vietnam’s work permit landscape can be challenging for foreign professionals. This comprehensive guide demystifies the intricate process of obtaining a Vietnam Work Permit, outlining essential requirements, application steps, and crucial regulations. Whether you’re a first-time applicant or renewing your permit, our expert insights will streamline your journey to legal employment in Vietnam.
What is a Work Permit in Vietnam and Why Do You Need One?
The document that enables foreigners to work lawfully in Vietnam is known as a work permit. This permit is issued by the Vietnamese government and is required for any foreigner seeking employment in Vietnam, including information such as full name, passport number, date of birth, nationality, passport number; name and address of the organization where the work is done, and job position.
A work permit is extremely necessary for foreigners in Vietnam. Without a work permit, both the employee and the employer may face significant legal consequences, including fines or even deportation.
Who Needs a Work Permit in Vietnam?
Most foreign workers, except those in the exempt category, need a work permit. This is considered a mandatory regulation if foreign citizens want to work in Vietnam and have equal rights and obligations.
What are the 5 key eligibility criteria for work permit applications?
To have a work permit in Vietnam, there are 5 main conditions that you need to pay attention to:
- Be over 18 years old and have good civil behavior.
- Have a medical certificate and good health status to meet the requirements of the job.
- Have no criminal record and bad security violations in the country of residence including the time of coming and working in Vietnam.
- Meet the requirements for expertise and experience related to the job position: bachelor’s degree, certificate, certificate of experience at workplaces, appointment decision..
- Have identity documents, issued abroad and legalized.
How to Qualify for Different Types of Work Permits in Vietnam
Depending on the purpose and needs of foreigners coming to Vietnam to live and work, there will be different requirements that you need to understand:
For foreign experts
- Have bachelor’s degrees and certificates equivalent to the job and position being worked
- Have about 3-5 years of working experience abroad, have a certificate and want to work in Vietnam
For technical workers
- The place where workers work abroad has a business certificate and legal documents
- Have professional work experience appropriate to the job for about 3-5 years
- Have been trained in other related fields for at least 1 year
For department heads and directors
- Official appointment letter from a legal company in Vietnam
- Certificate of working experience of 3 years or more.
*If the employee works in the form of an internal transfer, the following additional documents are required:
- Appointment decision + Working experience at the parent company for more than 12 consecutive months up to now
- Investment certificate, Business registration, or Business license of the enterprise or organization
Step-by-Step Guide: Navigating the Work Permit Application Process
Step 1: Find out the regulations and conditions required for each job position
Before applying for a license, you need to determine the job position you want. In addition, what are the criteria and conditions to make sure you prepare enough documents to submit and get approved
Step 2: Apply for approval
This step is extremely important for both the employer and the employee. Because it must be coordinated and provide all relevant documents together.
What documents do employers and employees need to prepare?
On the employer’s side:
The following documents need to be prepared:
- Application form for foreign labor demand according to Decree No. 152/2020/ND-CP or the latest decree issued.
- Copy of the company’s business registration certificate
- If the company’s legal representative is not present, a power of attorney is required
- These documents are submitted to the Ministry of Labor – Invalids and Social Affairs or the People’s Committee, province, ward, or commune – where the foreigner is expected to work in Vietnam. There is also an online method of submitting at http://dvc.vieclamvietnam.gov.vn.
*Note: 30 days before the anticipated start date of the foreign employee’s employment at the company is the latest filing deadline.
For foreign workers:
Employees need to prepare the necessary 1 set of documents:
- Prepare an application form for a work permit in Vietnam: form No. 11/PLI
- Health certificate examined in Vietnam or a notarized foreign copy with Vietnamese translation, examination period within 12 months.
- Personal documents, Vietnamese resume, or legal resume confirmation in a foreign country notarized with Vietnamese translation, examination period from 6 months or less.
- Notarized copy of passport resume
- Letter of acceptance of work permit from the company in Vietnam
- 02 4*6cm photos
- Documents proving that the foreigner is eligible to apply for the job position with a notarized Vietnamese translation.
*Note: Foreign workers working in Vietnam need to submit their application at least 15 days in advance to the Ministry of Labor, War Invalids and Social Affairs or the Department of Labor, War Invalids and Social Affairs in the locality where they work.
About Cost
According to Article 2 of Resolution 24/2023/NQ-HDND, the cost of issuing a new work permit is 600,000 VND/permit. The cost of reissuing or extending a work permit is 450,000 VND/permit. The main fee collection unit is the Department of Labor, War Invalids, and Social Affairs of Vietnam.
Step 3: Get a work permit
5 days before starting work, you need to get a work permit in Vietnam issued according to form 12/PLI to avoid risks during the working process in Vietnam. If your application is rejected, the reasons will be clearly explained.
Managing Your Work Permit: Validity, Renewal, and Termination Explained
Duration of work permit in Vietnam
Work permit according to current law has a maximum duration of 2 years. Enterprises and organizations can apply for a duration suitable to their labor needs.
The duration of a work permit does not depend on the duration of the passport. In case the foreigner’s passport expires but the work permit is still valid, the enterprise or organization must apply for a re-issue of the work permit by amending and supplementing information about the passport number.
Regulations on granting new permits and extending work permits
According to Article 19 of Decree 152/2020/ND-CP stipulating the duration of extended work permits, work permits can only be extended once for a maximum period of 2 years.
During the period from 5 to 45 days before the work permit expires, the employee must apply for a license extension to the Ministry of Labor, War Invalids and Social Affairs. Alternatively, the work permit was issued by the Department of Labor, War Invalids, and Social Affairs.
Cases of expired work permits
Currently, many cases and issues affect the expiration of work permits, including:
- Expired, violating the provisions of labor laws or regulations of competent authorities
- Foreign workers are no longer eligible to work in Vietnam or the licensing authority decides to cancel.
- Working not following the content of the granted work permit.
- Contracts in the fields that are the basis for the work permit to expire or be terminated.
- There is a written notice from the foreign side to stop sending foreign workers to work in Vietnam.
7 Critical Changes in Vietnam’s Foreign Employment Regulations
Currently, according to the provisions of labor law, the authority to grant Work Permits mainly belongs to the Department of Labor, War Invalids, and Social Affairs of the province or city. However, not all cases of applying for work permits are under the authority of the Department of Labor, War Invalids and Social Affairs.
Below are the agencies and departments with the authority to approve work permits:
- Department of Labor, War Invalids and Social Affairs of the province or city where the foreigner intends to work
- Management Board of industrial parks: business registration certificate issued by the Management Board of those industrial parks
- Department of Employment – Ministry of Labor, War Invalids and Social Affairs
Employers need to know the rules when recruiting foreigners:
- Recruitment time: faster, more specific
- Priority recruitment of Vietnamese people: to ensure the rate of Vietnamese citizens having jobs, companies use foreign labor when they cannot recruit Vietnamese workers to meet the production and business needs of employers.
- Reporting obligations when working in multiple provinces: to avoid risks and manage work schedules
- Standards for granting work permits for each job position: work permits for foreigners are approved when the company explains that the nature of the job does not meet the requirements of Vietnamese people. In addition to the explanation document, you can add the appointment decision for positions such as business manager, executive manager, etc. of the company that has submitted a request to use foreign human resources in Vietnam.
20 Scenarios Where You Might Be Exempt from Work Permit Requirements
Article 154 of the 2019 Labor Code, which is based on Decree 152/2020/ND-CP Article 7, states that under the following situations, foreign workers are exempt from the requirement for a work permit:
- Owner or capital contributor of a limited liability firm with at least VND 3 billion in capital contributions.
- Head of the board of directors or a director with a capital contribution value of at least VND 3 billion in a joint stock firm.
- Relocating inside a World Trade Organization-committed enterprise across 11 service industries.
- Being the Head of a representative office, or project or being the main responsible person of an international organization in Vietnam.
- Providing service offerings or handling complex technical and technological incidents and situations.
- Being a foreign lawyer who has a Law Practice License in Vietnam.
- By the terms of international treaties that Vietnam has ratified.
- Marrying a Vietnamese citizen and living in Vietnam.
- Providing professional and technical consulting services or performing other tasks serving the research, construction, appraisal, management, and implementation of programs and projects using official development assistance (ODA).
- Being granted a license to operate information and press in Vietnam by the Ministry of Foreign Affairs.
- Being sent to Vietnam to teach or conduct research at an international school.
- Volunteer.
- Working as a manager, executive director, expert, or technical worker for less than 30 days and no more than 03 times in 01 year.
- Implementing an international agreement.
- Students and interns in Vietnam or on Vietnamese ships.
- Relatives of foreign representative agencies in Vietnam.
- Having an official passport to work for a state agency or political organization.
- The individual bears the responsibility of building a business presence.
- Being certified by the Ministry of Education and Training to teach or conduct research in Vietnam.
What Happens If You Work Without a Permit in Vietnam
According to regulations, foreign workers working in Vietnam without a work permit will be forced to leave the country or deported according to the provisions of the law on entry, exit, transit, and residence of foreigners in Vietnam. Employers who employ foreign workers without a work permit will be handled according to the provisions of the law. Therefore, it can be considered that a work permit is quite important and mandatory for foreigners working in Vietnam.
Time to prepare work permit in Vietnam
One thing to note is that both employers and employees must apply for permission to use foreign human resources. This means that the process of completing the procedures will take longer. It is best to start researching, preparing the necessary documents, and applying for a work permit at least three to six months before you start working at the company.
Top 3 frequently asked questions
Can foreigners apply for a work permit themselves or must they go through their employers?
Foreigners cannot apply for a work permit in Vietnam themselves but must go through their employers. According to Decree 152/2020/ND-CP, employers are required to submit applications for work permits for foreigners to the Department of Labor, War Invalids, and Social Affairs or other competent authorities.
What should foreign workers do if they lose their work permit or it is damaged?
If a foreign worker loses his or her work permit or it is damaged in Vietnam, he or she must apply for a reissued work permit in Vietnam. The application for a reissued work permit must be submitted to the Department of Labor, War Invalids and Social Affairs, or the Ministry of Labor, War Invalids and Social Affairs (depending on the licensing authority).
What are the most common reasons for work permit rejection?
- There are many common reasons why applications for work permits in Vietnam are rejected. Here are some of the main reasons:
- Inaccurate information: The information provided in the application form does not match the original documents of the business or employee, such as name, title, and passport number.
- Invalid documents: Documents such as criminal records that are more than 6 months old, health certificates that do not meet requirements, or expired passports will lead to the application being rejected.
- Missing necessary documents: The application is missing or does not have the necessary documents.
- Not explaining the reasonable need: The business needs to clearly explain the need to use foreign workers. If not convincing, the application may also be rejected.
- Overdue documents: If the application is submitted later than the regulations or the documents have expired, this will also lead to the refusal to issue a work permit.
Applying for a work permit in Vietnam involves many steps and requires a clear understanding of regulatory changes. Therefore, by preparing your documents carefully and ensuring compliance with local laws, you can successfully apply for a work permit, saving time.