Legal basis

• Decree No. 152/2020/NĐ-CP dated 30/12/2020 on foreign workers working in Vietnam and recruitment and management of Vietnamese workers working for foreign employers in Vietnam

1. Definition of Work permit

A work permit is a document that allows a foreigner to work legally in Vietnam. The work permit must clearly state information about the employee, including full name, date of birth, nationality, passport number, the name and address of the place of work, and the employment position. 

2. Foreigners who are granted work permits in Vietnam

2.1. Foreign workers

According to Article 2.1 Decree No. 152/2020/NĐ-CP dated 30/12/2020 stipulates that foreign workers working in Vietnam are granted work permits in the following forms:

• Performing employment contracts;
• Performing intra-company transfer program;
• Performing contracts or agreements on business, trade, finance, banking, insurance, science and technology, culture, sports, education, vocational training and health;
• Providing services under contracts;
• Offering services;
• Working for foreign non-governmental organizations or international organizations in Vietnam that have been granted with operating licenses in accordance with the Vietnam law;
• Working as volunteers;
• Taking charge of establishing the commercial presence;
• Working as managers, executives, experts, technical workers;
• Performing packages or projects in Vietnam; or
• Accompanying members of foreign representative bodies in Vietnam who are authorized to work in Vietnam under an international treaty to which the Socialist Republic of Vietnam is a signatory as their relatives.

2.2. Foreign employers

According to Article 2.2 Decree No. 152/2020/NĐ-CP dated 30/12/2020 stipulates that foreign employers are granted work permits in the following forms:

• Enterprises operating in accordance with the Law on Enterprises, the Law on Investment or international treaties to which the Socialist Republic of Vietnam is a signatory;
• Bidders making bids or performing contracts;
• Representative offices, branches of enterprises, agencies or organizations licensed by the competent authorities;
• Regulatory agencies, political organizations, socio-political organizations, socio-political professional organizations, social organizations or socio-professional organizations;
• Foreign non-governmental organizations licensed by competent authorities of Vietnam in accordance with the Vietnam’s laws;
• Public sector entities, educational institutions established as per the law;
• International organizations, offices of foreign projects in Vietnam; agencies and organizations licensed by the Government, the Prime Minister, ministries or central authorities as per the law;
• Executive offices of foreign investors in business cooperation contracts or those of foreign contractors awarded operating licenses by the law;
• Law-practicing organizations in Vietnam as per the law;
• Cooperatives and cooperative unions established and operated in accordance with the Law on cooperatives; and
• Household businesses and individuals licensed to do business in accordance with the law.

3. Validity period of a work permit

According to Article 10 Decree No. 152/2020/NĐ-CP dated 30/12/2020, the validity period of a work permit is granted according to the terms of one of the following cases, but not exceeding 02 years

• Validity period of the employment contract to be signed.
• Duration of the foreign worker’s assignment in Vietnam.
• Duration of the contract or agreement concluded between Vietnamese and foreign partners.
• Duration of the service contract or agreement concluded between Vietnamese and foreign partners.
• Duration determined in the document issued by the service provider to send the foreign worker to Vietnam to negotiate the service provision.
• Validity period in the operation license of the agency, organization or enterprise.
• Duration determined in the document issued by the service provider to send the foreign worker to Vietnam to establish a commercial presence.
• Duration stated in a document proving the foreign worker’s eligibility to participate in the operation of a foreign company that has established its commercial presence in Vietnam.
• Duration stated in the acceptance of employment of foreign worker unless a report on demand for foreign workers as specified in point b clause 1 Article 4 hereof is not required.

4. Requirements to be granted a work permit in Vietnam

Foreign workers applying for a work permit must meet the following conditions:

• Foreign workers must have full legal capacity as prescribed by law.
• Foreign workers must have health suitable for the job requirements.
• The foreign worker must not be a criminal or criminal prosecution in accordance with Vietnamese and foreign laws.
• The foreign worker must be a manager, executive director, expert or technical worker, and have all the supporting documents as prescribed in Article 3 of Decree 152/2020/ND-CP dated 30/12/2018 as follows:
  • For expert:
    • Obtains at least a bachelor’s degree or equivalent and at least 03 years’ experience in his/her training field in corresponding with the job position/job assignment that he/she will be appointed in Vietnam;
    • 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.
  • For technical worker:
    • Has been trained in technical field or another major for at least 01 year and have worked for at least 03 years in his/her training field; or
    • Obtains at least 5 years’ experience in corresponding with the job position that he/she will be appointed in Vietnam.
  • For executive
    • There must be an appointment decision;
    • At least 03 years’ experience in his/her training field in corresponding with the job position/job assignment that he/she will be appointed in Vietnam;

5. Procedures for issuance of a work permit

According to Article 11 Deree No. 152/2020/ND-CP dated 30/12/2020 regulated that:

• At least 15 working days before the day on which a foreign worker starts to work, the applicant shall submit an application for work permit to the Ministry of Labor, War Invalids and Social Affairs or the Department of Labor, War Invalids and Social Affairs of the province where he/she is expected to work. The applicant is:
  • The employer, if the foreign worker moves to Vietnam for employment for the purposes specified in points a, b, e, g, I and k clause 1 Article 2 hereof;
  • The Vietnamese agency, organization or enterprise, or foreign organization or enterprise operating in Vietnam for which the foreign worker is expected to work, if the foreign worker moves to Vietnam for employment for the purposes specified in points c and d clause 1 Article 2 hereof; or
  • The foreign service offeror in Vietnam, or the person in charge of establishing a commercial presence as prescribed in points dd and h clause 1 Article 2 hereof.
• Within 5 working days after receiving a duly completed application, the Ministry of Labor, War Invalids and Social Affairs or Department of Labor, War Invalids and Social Affairs of province where the foreign worker is expected to work shall issue a work permit to the foreign worker, using Form No. 12/PLI Appendix I hereto appended. The form of work permit shall be solely printed and issued by the Ministry of Labor, War Invalids and Social Affairs. If the application is rejected, a written explanation is required.
• For a foreign worker specified in point a clause 1 Article 2 hereof, after the foreign worker is issued with a work permit, the employer and the foreign worker must sign a written employment contract as per Vietnam’s labor law before the date on which the foreign worker is expected to work.
  The employer shall send that employment contract to the competent authority that issued that work permit. The employment contract is the original or a certified true copy.