The Vietnam work permit is an official certificate issued by the Department of Labor, Invalids, and Social Affairs that legally authorizes foreigners to work in Vietnam. It must be applied for with the assistance of an employer or a service center in Vietnam, rather than directly by the worker. This document is essential for obtaining a temporary residence card or work visa in Vietnam, governed by the Labor Code No. 45/2019/QH14 and Decree No. 152/2020/ND-CP.

To qualify for a Vietnam work permit, foreign workers must have employment with a company or entity legally registered and recognized in Vietnam.

Vietnam Work Permit Requirements

To obtain a work permit, applicants must meet the following conditions:

  1. Age & Health: Be at least 18 years old and in good health to meet job requirements.
  2. Criminal Record: No criminal record in their home country or Vietnam, nor should they be under prosecution or serving a criminal sentence.
  3. Job Qualifications:
    • Foreign Experts: A bachelor’s degree or higher with at least 3 years of relevant experience; or a certificate with at least 5 years of experience in the job field.
    • Technical Workers: At least 1 year of technical training and 3 years of experience, or 5 years of relevant work experience.
    • Directors, CEOs, etc.: Appointment decision and at least 3 years of experience in a similar position.
  4. Legalized Documents: All documents issued abroad must be legalized.

Initial Assessment: Due to common mismatches between documents and job positions, we recommend a preliminary evaluation. Fill out our online assessment form, and we’ll respond within 4 hours to discuss eligibility.

Vietnam Work Permit Exemption

Certain foreigners may be eligible for exemption from the work permit requirement. Contact us for more details on exemption eligibility.

When to Apply for a Vietnam Work Permit

As per Circular No. 23/2017/TT-BLDTBXH, employers or their agents must submit the work permit application at least 13 working days before the foreign employee’s start date.

How to Apply for a Vietnam Work Permit

Step 1: Approval of Demand for Foreign Workers
At least 30 days before the foreign worker’s expected start date, the employer must submit a demand approval application, including:

  • Demand registration form (Form No. 01/PLI or Form No. 02/PLI for changes),
  • Certified copy of business registration,
  • Authorization letter (if submitter isn’t the legal representative).

Submit documents either in person at the Ministry of Labor, War Invalids and Social Affairs or the provincial People’s Committee.

Step 2: Prepare Work Permit Documents
The employer should prepare the following:

  • Work permit application (Form No. 11/PLI),
  • Health check certificate (issued in Vietnam or legalized and translated),
  • Police clearance certificate (issued within the last 6 months and translated),
  • Certified passport copy,
  • Approval letter from Step 1,
  • Two 4×6 cm photos,
  • Legalized documents proving eligibility and translated copies.

Step 3: Submit the Application
Submit the completed application to the Ministry or Department of Labor at least 15 days before the foreign employee’s start date.

Step 4: Receive Work Permit
The work permit will be issued within 5 working days, provided all documents are valid. In cases of rejection, the employer will receive explanations.

Processing Time & Cost

The total processing time is around 20 working days, including:

  • 15 days for demand approval,
  • 5 days for the work permit issuance.

To avoid delays, it’s recommended to start the process at least 30 days before the planned start date. Permit costs vary depending on the province or city of application.

Vietnam Work Permit Validity and Extension

As per Decree No. 152/2020/ND-CP, work permits are valid for up to 2 years and can be extended once for another 2 years. After expiration, a new work permit must be applied for if continued employment is desired.

Work Permit Termination

A work permit may be terminated if:

  • It has expired,
  • The labor contract is terminated,
  • The contract details conflict with the permit,
  • Contracts with business partners have ended,
  • The foreign employer terminates the worker’s assignment,
  • The permit is revoked by authorities,
  • The employer’s operation in Vietnam is ceased.

If foreign employees wish to leave Vietnam or move to another job abroad, they must cancel their work permit through the Department of Labor. The permit must be returned to the employer within 15 days from the end date of employment, and the employer must notify the local Labor Department.

 

The above information is provided by Mys Law. For any questions regarding the content of this article, please contact 0969.361.319 or email: [email protected] for further clarification. Best regards!

Compiler: Nguyen Anh Quan