[2023 Updates] Work Permit in Vietnam: Requirements and Procedures

Get to know how to secure a work permit in Vietnam. Requirements, restrictions, conditions and an application process at one place.

Before foreigners can penetrate the market and start working on their business in Vietnam, they need to think of a work visa or a work permit.

In addition to being an excellent destination for tourism, Vietnam is a country full of professional and business opportunities. With Decree 70/2023/ND-CP, foreign investors as well as businesses will find it easier and more convenient to comply with immigration and residency regulations for working in Vietnam.

Find Out About InCorp Vietnam’s Work Permit Services for Foreign Investors

Vietnam is one of the countries in the world that has experienced the greatest economic growth in the past decades. However, the country now relies heavily on foreign direct investment (FDI).

To avoid going ahead with the process blindly and facing difficulties without knowing the Vietnamese regulations, we prepared this article. It discusses everything to know about a work permit in Vietnam: requirements, processes, and conditions.

Foreigners are welcome in Vietnam

There are three compelling factors that make Vietnam an attractive destination for foreigners seeking employment.

Firstly, the scarcity of technical expertise in certain fields is evident. Vietnam’s educational system has struggled to generate a sufficient number of highly skilled professionals and talents, creating a demand for foreign expertise.

Secondly, compared to other Asian countries with more established expatriate communities, such as China and Japan, Vietnam has a relatively limited presence of foreigners. This offers a unique cultural exchange and a distinctive experience for those seeking to immerse themselves in a less Westernized environment.

Thirdly, the significant influx of foreign investment plays a pivotal role in bolstering the Vietnamese economy. Foreigners contributing their resources and capital are fundamental to the overall economic growth of the nation.

Vietnam actively welcomes foreign workers as they play a crucial role in sustaining growth, fostering innovation, and imparting specialized knowledge to the younger generations, thereby contributing to the country’s modernization and development.

Read Related: Doing Business in Vietnam as a Foreign Investor: What, Where, Why, How?

What is a Work Permit for Foreigners in Vietnam?

A work permit, particularly for foreign employees working in Vietnam, represents a document issued by the appropriate Vietnamese authorities to foreign workers who satisfy specific legal criteria.

Foreign workers holding a valid work permit are acknowledged as legal employees, ensuring the protection of their legitimate rights and interests in labor relationships.

Work Permit Application Procedures in Vietnam

Working in Vietnam requires the following:

Requirements and Conditions

  • Being 18 years of age or older
  • Being physically fit to work
  • Must possess required technical skills or professional qualifications.
  • Foreign workers must have a clean record, free from convictions or ongoing criminal proceedings in both Vietnamese and foreign jurisdictions.
  • Foreigners in medical and pharmaceutical fields in Vietnam must meet all local legal requirements.

Read More: Comparison between Work Permit and Temporary Residence Card in Vietnam

Application Dossier

Application dossiers of a work permit shall consist of the following:

  • Application for issuance of the work permit of the employees
  • Application for working in Vietnam
  • A form of a criminal record issued by the competent authority from the foreign countries where the applicant lives. Moreover, foreigners who have lived in Vietnam for more than six months must submit the criminal record form issued by the Department of Justice at the local office in Vietnam
  • Medical certificate issued in the employee’s foreign country. If the employee is residing in Vietnam, they must get a health certificate in accordance with the regulations of the Ministry of Health
  • Resume of the employee with a photograph, following the format according to the Ministry of Labor
  • Legal copies of certificates on professional skills such as Bachelor’s certificate, Master’s certificate, Ph.D.’s
  • Ph.D. certificate and certificates on qualifications granted under the existing law of the foreign countries.
  • Color photos

Requirements for the Granting of Work Permits

In adherence to the stipulated regulations, obtaining a work permit in Vietnam necessitates the complete fulfillment of the following criteria by foreign employees:

  • The foreign employee must possess full legal capacity, as defined by Vietnamese law.
  • The foreign employee must show that their health condition meets the particular requirements of the intended position.
  • The foreign employee must have no criminal record or ongoing criminal proceedings in accordance with both Vietnamese law and the laws of other jurisdictions.
  • The foreign employee must hold a managerial, executive, expert, or technician role, with documentation substantiating their status as outlined in Decree 70/2023/NĐ-CP as follows:

For Foreign Experts

  • Graduated from university or higher or equivalent and have at least 3 years of work experience suitable to the job position that the foreign worker plans to work in Vietnam
  • Holding at least 5 years of experience and having a practicing certificate appropriate to the job position that the foreign worker plans to work in Vietnam.
  • The Prime Minister decides on special cases upon the Ministry of Labor, War Invalids, and Social Affairs request.

Documents proving expertise include:

  • Diploma or diploma or certificate;
  • Written confirmation from an agency, organization, or enterprise abroad about the number of years of experience of the expert or a work permit that has been issued or confirmation that a work permit is not required to be issued.

This regulation benefits experienced professionals who have obtained a Work Permit in Vietnam over an extended period.

For Technical Workers

  • Individuals who have been trained for at least 1 year and have at least 3 years of experience are suitable for the job position that the foreign worker plans to work in Vietnam.
  • Have at least 5 years of experience working in a job suitable to the job position that the foreign worker plans to work in Vietnam.

There is no longer a requirement to have a diploma or certificate of training in the field in which technical workers intend to work in Vietnam

For Executives and Managers

Specifically supplementing the documents proving the manager includes 03 types of documents :

  • Company charter or operating regulations of agencies, organizations, or enterprises;
  • Business registration certificate establishment certificate establishment decision or other documents of equivalent legal value;
  • Resolution or Appointment Decision of agencies, organizations, or enterprises.

According to the new regulations, one of the following cases is defined as an executive director:

  • Head of branch, representative office, or business location of the enterprise.
  • The person who leads and directly operates at least one area of an agency, organization, or enterprise and is subject to the direct direction and management of the head of the agency, organization, or enterprise.

The composition of the profile proves that the executive director is similar to the manager.

Process and Sponsorship

An employer in Vietnam must sponsor all foreigners who wish to work in Vietnam. The foreign company that employs foreigners must also have a Vietnamese branch, subsidiary, or representative office in Vietnam.

The assessment period for foreign worker necessity starts 15 days before intended employment. From January 1, 2024, employers have to post jobs 15 days ahead on the Department of Employment’s portal for foreign worker roles.

Here’s the process both employers and employees need to go through to apply for a work permit in Vietnam:

  1. Obtain a pre-approval letter
  2. Fill out a work permit application with InCorp Vietnam
  3. Declare temporary residence status
  4. InCorp Vietnam will assist you in preparing all the necessary documents along with application forms to submit to the Department of Labor in Vietnam

Updates: Some Highlights from Decree 70/2023/ND-CP

Below are some latest updates that all foreign companies and individuals should pay attention to:

Management Authority

Foreign worker oversight in Vietnam involves two primary entities: the Ministry of Labor, War Invalids and Social Affairs, notably its Department of Employment, and the Department of Labor, War Invalids, and Social Affairs. In industrial parks and economic zones, the latter department takes charge of foreign labor management, ensuring regulatory compliance, and enhancing workforce efficiency.

Reissue of Work Permit

Work permit re-issuance covers loss, damage, or changes like name, nationality, passport info, work location, or business name (w/o code change). Additionally, the new rules don’t demand proof of foreign worker necessity, except when essential, as many businesses no longer retain such documentation. This streamlines the process.

Renewal of Work Permit

“Certified copy of passport” as prescribed in Decree 152/ND-CP is changed to “Certified copy of passport or copy of passport with confirmation of employer” in Decree 70/2023/ND-CP.

Mandatory Reporting in Cases of Non-Exemption from Work Permit

Foreigners married to Vietnamese citizens and residing in Vietnam are exempt from work permit confirmation procedures.

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Ian Robin Comandao

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Ian Robin Comandao

Ian Robin Comandao is the Head of the Business Consulting Department of Incorp Vietnam. He is a Sales and Marketing professional with 15+ years of experience in key accounts management.