When must foreigners obtain a work permit in Vietnam

Foreigners working in Vietnam are required to comply with local labor regulations, including the obligation to obtain a work permit in specific cases. According to Decree No. 152/2020/NĐ-CP, as amended and supplemented by Decree No. 219/2025/NĐ-CP, a work permit is a mandatory legal document that allows foreign employees to work legally in Vietnam. Understanding when foreigners must obtain a work permit in Vietnam is essential for both employers and expatriates to ensure compliance, avoid administrative penalties, and maintain smooth business operations.

Introduction

Vietnam has become one of the most attractive destinations in Southeast Asia for foreign investors and professionals. As the number of foreigners coming to work and manage businesses in Vietnam continues to increase, understanding the country’s labor regulations has become crucial.

According to Decree No. 152/2020/NĐ-CP, as amended and supplemented by Decree No. 219/2025/NĐ-CP, foreigners working in Vietnam must comply with specific legal requirements, including obtaining a work permit in cases prescribed by law. This legal document not only ensures the foreign employee’s lawful working status but also helps the employer comply with Vietnam’s labor and immigration regulations.

Understanding when foreigners must obtain a work permit in Vietnam is therefore essential to avoid penalties, maintain compliance, and ensure smooth business operations.

When must foreigners obtain a work permit in Vietnam
When must foreigners obtain a work permit in Vietnam

Cases Requiring a Work Permit in Vietnam

Under Vietnamese law, a foreigner is considered working in Vietnam if they perform professional activities or hold positions within organizations or enterprises in the country under certain forms.

In these cases, a work permit is generally required unless the person is specifically exempted under legal provisions.

  • Working under a labor contract signed with a Vietnamese company or organization.
  • Internal transfer within an enterprise operating in Vietnam.
  • Performing economic, commercial, financial, scientific, educational, or cultural cooperation contracts or agreements.
  • Providing services under a contract or offering services in Vietnam.
  • Working as a volunteer for non-profit or community purposes.
  • Establishing or managing a commercial presence of a foreign business in Vietnam.
  • Being transferred from a foreign organization to work in Vietnam (not as an intra-company transferee).
  • Participating in projects or tenders carried out in Vietnam.
  • Dependents of diplomatic mission members who are permitted to work in Vietnam.
  • Holding managerial or ownership positions in companies with small capital contributions.
  • Working for foreign representative offices or international organizations based in Vietnam.

Application Procedures

Step 1: Prepare and Submit Application

The employer must prepare and submit the work permit application to the local Department of Home Affairs at least 10 days and no more than 60 days before the foreign worker’s planned start date. Required documents include:

  • Official letter from the employer explaining the need to hire the foreign worker and requesting a work permit.
  • Valid health certificate.
  • Valid passport of the foreign worker.
  • Criminal record certificate or equivalent document as required by law.
  • Two recent color photos of the foreign worker.
  • Documents proving the form of employment of the foreign worker.
  • Documents confirming that the foreign worker is a manager, executive, specialist, or technical employee.

Step 2: Review and Approval

Within 10 working days, the competent authority will review the application and grant the work permit if approved.

If the application is not approved or the work permit is not issued, the authority must provide a written explanation within 3 days from the date of receiving a complete application.

Need help obtaining a work permit in Vietnam? Contact Siglaw today for fast and hassle-free assistance. Our experienced team will guide you through every step to ensure compliance and smooth processing.

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