Foreign nationals intending to work in Vietnam must obtain a work permit document issued by the Vietnamese authorities. This permit ensures that the employment of foreign workers complies with local laws and regulations, balancing the need for foreign expertise with the protection of the domestic labor market.
The process of obtaining a work permit in Vietnam involves several steps, including:
- Obtaining approval from the Department of Labor, Invalids, and Social Affairs (DOLISA);
- Submitting various documents such as a health certificate, criminal record; and,
- Proof of professional qualifications.
Non-compliance can result in penalties, deportation, or even bans on future employment within the country. Moreover, proper adherence to the process ensures that foreign workers are legally protected and can fully benefit from their professional engagement in Vietnam.
For businesses, understanding the work permit process is critical to planning and managing their human resources effectively. It ensures that the onboarding of foreign employees is compliant with Vietnamese labor laws. This not only helps in maintaining a positive legal standing but also supports the overall operational efficiency and reputation of the business.
The procedure to secure a work permit in Vietnam involves two main stages:
- The company must prove that it has posted a job advertisement for Vietnamese candidates but was unable to hire anyone. The recruitment must be conducted through the Employment Service Center's website managed by DOLISA.
- Initially, the company must seek authorization to hire a foreign national for a particular role. This step, known as obtaining "approval of demand for employing foreigners," ensures that the company is permitted to recruit a non-Vietnamese individual for the specified position.
- Once the initial approval is granted, the company can proceed to apply for a work permit for the chosen foreign candidate. This stage, referred to as the "granting of a work permit," involves submitting detailed information about the foreign worker to the authorities.
Each of these stages typically takes around 2-3 weeks, resulting in a total processing time of approximately 4-6 weeks. However, this timeline can extends in certain situations, such as periods of high application volume, or if additional information is requested by the Department of Labor.
For offshore companies looking to hire foreign workers in Vietnam, the process includes an additional preliminary step. These companies must first establish a legal presence in Vietnam by incorporating locally. Only after this incorporation can they apply for a work permit for their foreign employees.
Impact of new Labor Laws on work permits
Vietnam has recently updated its labor laws, significantly impacting the work permit application process for foreign nationals. Three key pieces of legislation underpin these changes: Decree 152/2020/ND-CP and Labor Code No. 45/2019/QH14.
- Decree 152/2020/ND-CP: This decree outlines detailed regulations on the management of foreign workers in Vietnam. It includes provisions on the documentation required for work permit applications, the process for obtaining approval to hire foreign workers, and the specific exemptions from the work permit requirement.
- Decree 70/2023/ND-CP: amendments to the Government’s Decree No. 152/2020/ND-CP dated December 30, 2020
- Labor Code No. 45/2019/QH14: The new labor code, which came into effect in 2021, brings comprehensive reforms to Vietnam’s labor laws. It introduces stricter eligibility criteria for foreign workers, updates the rights and responsibilities of employers and employees, and aims to better protect the local labor market while allowing for necessary foreign expertise.
Step-by-step guide to obtaining a work permit
Step 1: Announcement
Announcement of the recruitment of Vietnamese workers to positions expected to recruit foreign workers on the website of the Ministry of Labor, War Invalids, and Social Affairs (Employment Department) or the website of the Employment Service Center.
At least 15 days from the expected date of sending an explanation report to the Ministry of Labor, War Invalids, and Social Affairs or the Department of Labor, War Invalids, and Social Affairs.
Step 2: Send an explanation
Send an explanation report to the competent authority: At least 15 days prior the date of hiring foreign workers.
Then, within 10 working days after receiving an explanation report, the competent authority shall issue a document specifying acceptable and unacceptable job positions for foreign workers.
Before initiating the work permit application process, it is crucial to confirm that the foreign worker meets Vietnam's eligibility criteria. Applicants must:
- Be at least 18 years old.
- Possess the necessary health condition appropriate for the job’s specific requirements.
- Have a clean criminal record and not be under any criminal investigation or serving a sentence in Vietnam or abroad.
- Meet professional qualifications and experience standards pertinent to the job position.
A valid job offer from a Vietnamese employer is a prerequisite for the work permit application. This employment opportunity must align with the applicant's qualifications and experience. The employer plays a critical role in the application process, which includes several responsibilities outlined below.
Employer's responsibilities
Vietnamese employers intending to hire foreign workers must comply with specific regulatory obligations:
- Employers must demonstrate the necessity of hiring foreign labor by showing that the position cannot be filled by local workers. This often involves posting the job opening and obtaining approval from the local labor authorities.
- Employers must apply for approval to use foreign labor at least 30 days before the foreign worker’s expected start date. This application, submitted to the Ministry of Labor, War Invalids, and Social Affairs or the Department of Labor, War Invalids, and Social Affairs or the provincial People’s Committee, should include:
- A registration form for the demand for foreign workers.
- A certified copy of the business registration certificate.
- A letter of attorney if the submitter is not the company’s legal representative.
The approval process typically takes 12 working days for online submissions through the designated government portal. Currently, applications must be submitted online and cannot be submitted directly.
Step 3: Applying for a work permit
At least 15 working days prior the date that a foreign worker starts to work, the applicant shall submit an application for work permit to the competent authority;
Within 5 working days after receiving a duly completed application, the competent authority shall issue a work permit to the foreign workers.
Required documents and forms
Application form
The process begins with the completion of the official application form for a Vietnam work permit, known as Form No. 11/PLI. This form is a fundamental requirement and must be accurately filled out to reflect the applicant's personal and professional details.
Passport and visa copies
A certified copy of the applicant’s valid passport is required. This copy must include all pages of the passport, even the blank ones, Additionally, a valid visa must be obtained prior to the work permit application, and copies of this visa should be included in the application package.
Health check certificate
Applicants must provide a health check certificate from a recognized health facility in Vietnam. If the health check is conducted abroad, the certificate must be legalized and accompanied by a certified Vietnamese translation. The health check must have been issued within the last 12 months to ensure the applicant is fit for the job they intend to perform.
Criminal record certificate
A criminal record certificate is a crucial part of the application process. This certificate can be issued by the Ministry of Justice in Vietnam or a competent authority in the applicant’s home country. If obtained abroad, it must be legalized by the Vietnamese Embassy or Consulate and translated into Vietnamese. The certificate should not be older than six months to confirm the applicant's clear criminal history.
Employment contract and proof of qualifications
The contract should outline the job role, duration of employment, and salary details. Additionally, applicants must provide proof of their qualifications, such as diplomas, degrees, and certificates. These documents must be relevant to the job position and should be legalized and translated into Vietnamese.
"Expert” means a foreign worker who:
- Obtains at least a bachelor’s degree or equivalent and at least 3 years’ experience in corresponding with the job position that he/she will be appointed in Vietnam; OR,
- Obtains at least 5 years' experience and a practicing certificate in corresponding with the job position that he/she will be appointed in Vietnam; OR,
- Falls under a special case subject to decision of the Prime Minister according to a request of the Ministry of Labor, War Invalids and Social Affairs.
A Manager, Executive (no need proof of qualifications), but need:
- The company's charter or operation regulations of agency, organization, or enterprise;
- Certificate of enterprise registration or certificate of establishment or establishment decision or other document of equivalent legal validity;
- Resolution or appointment decision of the agency, organization, or enterprise.
Technical Worker:
- Someone who has been trained for at least 1 year and obtains at least 3 years' experience in corresponding with the job position that he/she will be appointed in Vietnam; or,
- Obtains at least 5 years' experience in corresponding with the job position that he/she will be appointed in Vietnam.
Photographs
Two recent photographs (4x6 cm) with a white background are required. The photos must be clear, and the applicant should not wear glasses or any headgear that might obscure their features.
Step 4: Processing time and receiving work permit
The overall processing time for a work permit application in Vietnam typically spans 1,5 – 2 months provided all required documents are submitted correctly. This timeframe includes the following stages:
- Approval of Demand for Employing Foreigners: This initial approval stage usually takes about 15 working days. During this period, the employer’s application to hire a foreign worker is reviewed and either approved or rejected based on compliance with local labor regulations.
- Granting of the Work Permit: Once the demand for employing foreigners is approved, the final stage of issuing the work permit takes an additional 5 working days. In this stage, the specific details of the foreign worker’s employment are verified and finalized.
Several factors can influence the processing time for work permit applications, potentially causing delays:
- High volumes of applications, especially during peak times, can lead to processing delays as the Department of Labor handles a larger workload.
- Submitting incomplete or incorrectly filled-out documents can significantly slow down the process. Ensuring all paperwork is accurate and complete is crucial to avoid delays.
- Situations such as government lockdowns, public holidays, or changes in labor policies can also affect the timeline. Additionally, if the Department of Labor requests further information or clarification, this can extend the processing period.
Given these potential delays, it is advisable to begin the application process at least 30 days before the intended start date of employment for the foreign worker. This buffer period helps accommodate any unforeseen issues that might arise during the application process.
Notification process
Once the work permit is approved, the employer will be notified by the relevant authorities. This notification typically occurs within 5 working days after the submission of all valid documents. If the application is denied, the employer will receive a detailed explanation outlining the reasons for the rejection, allowing them to address any issues and reapply if necessary.
After receiving the notification of approval, the employer can proceed to collect the work permit. The collection process involves visiting the office of the Ministry of Labor, Invalids and Social Affairs (MoLISA) or the local Department of Labor, Invalids and Social Affairs (DoLISA) where the application was submitted. The work permit, issued in form 12/PLI, is handed over to the employer or their authorized representative.
To ensure a smooth collection process, it is essential to bring all necessary identification documents and any receipts or reference numbers provided during the application submission. This step finalizes the work permit acquisition, enabling the foreign worker to commence their employment legally in Vietnam.
Exemptions and special cases
Vietnam's labor regulations, provide several exemptions from the requirement of obtaining a work permit. These exemptions aim to facilitate certain categories of foreign nationals and professionals to work in Vietnam without the usual bureaucratic hurdles. Key exemptions include:
- Individuals who are owners or significant capital contributors of limited liability companies meeting specific governmental regulations.
- Chairpersons or members of the Board of Directors who fulfill capital contribution requirements.
- Leaders of representative offices, project offices, or those employed by foreign non-governmental organizations operating in Vietnam.
- Foreign nationals working in Vietnam for less than three months, which includes those addressing urgent, complex situations that local or existing foreign experts cannot resolve.
- Lawyers holding a valid professional permit in Vietnam and individuals specified in international treaties to which Vietnam is a signatory.
- Foreigners married to Vietnamese citizens and residing in Vietnam.
Marrying a Vietnamese person
One notable exemption is for foreigners married to Vietnamese citizens. This exemption acknowledges the unique familial and social ties involved. Special considerations and documentation are required for this exemption:
- A marriage certificate proving the legal marital relationship with a Vietnamese citizen.
- Valid ID Card/passport of the spouse
- Proof of residence in Vietnam, such as a temporary or permanent residence card.
- Submission of an exemption application to the local Department of Labor where the foreign national resides, along with relevant supporting documents.
This exemption facilitates the integration of foreign spouses into Vietnamese society, allowing them to work without the need for a separate work permit.
The application process for exemptions
To obtain a work permit exemption, eligible foreigners must apply to the local Department of Labor in the city where they will be working. The process typically involves:
- Providing all necessary documents that prove eligibility for the exemption, such as:
- Marriage certificates;
- Valid passport;
- Health check certificate; and,
- Id card of spouse.
- The Department of Labor reviews the application and supporting documents.
- Once approved, the applicant receives a notification of their exempt status.
It is important to note that even if a foreigner is exempt from obtaining a work permit, they may still need to secure a visa to enter and work in Vietnam. Visa requirements vary based on the applicant’s nationality and the nature of their stay.
Temporary residence and work permits
In Vietnam, a Temporary Residence Card (TRC) is a document that allows foreign nationals to reside in the country for an extended period, typically ranging from one to three years. It serves as both a visa and proof of residence, providing greater stability and convenience for long-term residents. TRCs are particularly beneficial for foreign employees, as they eliminate the need for frequent visa renewals.
How a work permit affects temporary residence status
A work permit is a prerequisite for obtaining a TRC for employment purposes. Once a foreign worker secures a work permit, they become eligible to apply for a TRC. The TRC is linked to the validity of the work permit, meaning that the residence status of the foreign worker is directly tied to their employment status. If the work permit expires or is revoked, the TRC may also become invalid, requiring renewal or reapplication.
Required documents and forms
To apply for a TRC based on a work permit, applicants need to prepare the following documents:
- A copy of the valid work permit issued by the Vietnamese authorities.
- The original
- The completed application form for the TRC, which can be obtained from the local immigration office or downloaded from the official website.
- Two recent passport-sized photographs (2x3 cm) with a white background.
- Copies of the sponsoring company’s business registration certificate and the letter of introduction from the employer.
- Confirmation of temporary residence registration from the local police where the applicant resides.
- If the employee brings his/her spouse and children with him/her, he/she needs to prepare:
- Marriage certificate;
- ID card of spouse; and,
- Birth certificate of child.
- Documents proving family relationships:
Step-by-step application process
- Gather all necessary documents as listed above. Ensure that all documents are accurate, complete, and properly certified or notarized where required.
- Fill out the application form for the TRC. This form requires personal information, details of the work permit, and information about the sponsoring company.
- Submit the completed application form and all supporting documents to the local immigration office. The submission can be done either by the applicant or their employer’s representative.
- Pay the required fee for processing the TRC application. The fee amount can vary, so it is advisable to check the latest fee structure at the immigration office.
- The processing time for a TRC application is typically 5 to 7 working days. During this period, the immigration authorities will review the application and verify the documents.
- Once the application is approved, the applicant will be notified to collect their TRC from the immigration office. It is important to bring identification and any receipts provided during the application submission.
Work permit cancellation
There are several scenarios where a work permit in Vietnam may be subject to cancellation. Understanding these situations is crucial for both employers and foreign employees to ensure compliance with local regulations and avoid unexpected disruptions in employment.
Employer termination
One of the primary reasons for work permit cancellation is the termination of the employment contract. If the labor contract between the employer and the foreign worker is terminated for any reason, the associated work permit becomes invalid. This includes both voluntary resignations and involuntary terminations.
Violation of permit conditions
Work permits are granted under specific conditions that must be adhered to throughout the employment period. Any violation of these conditions, such as engaging in unauthorized job activities or providing false information during the application process, can lead to the revocation of the work permit by the authorities.
Changes in employment status
Significant changes in employment status or company operations can also result in work permit cancellation. This includes the expiration or termination of business, trade, or financial contracts related to employment, as well as the closure or shutdown of the employing company. Additionally, if the foreign employer announces the termination of the foreign employee's role, the work permit will no longer be valid.
What to do?
In the event of work permit cancellation, there are several steps that both the foreign worker and the employer need to follow to address the situation properly.
Notification procedures
When a work permit is canceled, the employer is responsible for notifying the local Department of Labor, Invalids, and Social Affairs (DoLISA). The foreign employee must return the work permit to the employer within 15 days of employment termination. The employer then submits the permit along with a notification letter to the local labor office to officially record the cancellation.
Appeal process
If the work permit is canceled under circumstances that the foreign worker or employer believes are unjust or incorrect, they have the right to appeal the decision. The appeal process involves submitting a formal request for reconsideration to the relevant authorities, providing any supporting documentation or evidence that may counter the reasons for cancellation. It is advisable to seek legal assistance during this process to ensure that the appeal is properly handled and that all necessary legal arguments are presented.
Reapplication
In cases where the foreign worker intends to continue working in Vietnam after the cancellation of their work permit, they will need to reapply for a new permit. This reapplication process requires going through the standard application steps, including obtaining new approval for foreign labor usage, submitting all necessary documentation, and paying the associated fees. Starting this process as soon as possible is crucial to avoid prolonged gaps in employment.
