Foreign employees working in Vietnam must obtain a work permit before officially starting their employment, unless they are legally exempt. The process of applying for a work permit can seem complicated, but understanding each step will help ensure compliance with Vietnamese law and avoid delays. Below is a detailed guide on how to apply for a work permit in Vietnam under the latest Decree No. 219/2025/NĐ-CP and Labor Code 2019.
Understanding the Work Permit in Vietnam
A work permit is an official document issued by a competent Vietnamese authority allowing a foreign individual to work legally in Vietnam. It is typically valid for up to two years and can be renewed once. Without a valid work permit, foreign workers and their employers may face administrative penalties or revocation of work authorization.
Who Needs a Work Permit?
Foreign nationals working in Vietnam under the following positions must apply for a work permit:
- Managers, executives, experts, and technical workers
- Individuals working under labor contracts or seconded by foreign organizations
- Intra-corporate transferees and service providers
- Volunteers and representatives establishing a commercial presence in Vietnam
- Foreign investors holding less than VND 3 billion in capital contribution
Certain categories are exempt, such as:
- Foreigners working in Vietnam for less than 90 days per year
- Owners or members of limited liability companies with capital contributions above VND 3 billion
- Foreign lawyers licensed to practice in Vietnam
- Other cases as provided in international treaties
Conditions for Issuance of a Work Permit
Foreign workers must meet specific eligibility requirements:
- Be 18 years old or older and have full civil act capacity
- Possess professional qualifications, skills, and relevant experience
- Be in good health according to Vietnamese standards
- Have no criminal record or ongoing criminal prosecution
- The labor contract duration must not exceed the validity of the work permit
Work Permit Application Dossier
Applicants must prepare a complete dossier including:
- Written request for employing foreign workers (Form No. 03, Appendix of Decree 219/2025/NĐ-CP)
- Valid health certificate (issued within 12 months)
- Passport (valid for at least 6 months beyond intended employment period)
- Criminal record certificate from home country or Vietnam
- Two color photos (4×6 cm, white background)
- Documents proving employment form, such as labor contract or service contract
- Documents proving qualifications and work experience, legalized and translated into Vietnamese
Step-by-Step Procedure to Apply for a Work Permit
Step 1: Obtain Approval for Using Foreign Workers
- The employer must first submit a report explaining the need to hire foreign workers to the local Department of Labor, Invalids and Social Affairs (DOLISA).
- Approval must be obtained before proceeding with the permit application.
Step 2: Submit the Work Permit Application
- Submit the dossier online via the National Public Service Portal or directly to the Administrative Service Center of the province.
- Ensure that all documents are translated, legalized, and properly formatted.
Step 3: Processing and Issuance
- The competent authority reviews the application within 10 working days.
- If the application is valid, the work permit is issued.
- If rejected, a written notice specifying the reason will be provided.
Step 4: Signing the Labor Contract
- Once the permit is issued, the foreign employee and employer must sign a labor contract consistent with the approved position.
- The signed contract must be submitted to the authority that issued the work permit.
Siglaw’s Professional Work Permit Services
With extensive experience supporting foreign-invested enterprises (FDIs), Siglaw Law Firm provides full-service legal support for work permit procedures in Vietnam:
- Consulting on eligibility and identifying the correct work permit type
- Preparing, translating, and notarizing documents
- Submitting and following up with authorities until approval
- Assisting with work permit renewal or exemption
Siglaw ensures each application is compliant, time-efficient, and legally sound, allowing businesses and foreign employees to focus on operations with complete peace of mind.
For detailed consultation, please contact Siglaw Firm for the fastest and most comprehensive support:
Head Office in Hanoi: No. 44/A32 – NV13, Area A Geleximco, Le Trong Tan Street, Tay Mo Ward, Hanoi, Vietnam.
Email: vphn@siglaw.com.vn
Southern Branch: No. 103 – 105 Nguyen Dinh Chieu Street, Xuan Hoa Ward, Ho Chi Minh City, Vietnam.
Email: vphcm@siglaw.com.vn
Central Branch: VIFC DN – ICT Building, Software Park No. 2, Nhu Nguyet Street, Hai Chau Ward, Da Nang, Vietnam.
Hotline: 0961 366 238
Facebook: https://www.facebook.com/hangluatSiglaw
