Work Permit Requirements in Vietnam: Complete Guide for Employers

Work Permit Requirements in Vietnam

Introduction

All foreign nationals working in Vietnam must obtain a work permit, with limited exceptions. The process has been streamlined in recent years but remains detailed and document-intensive. This guide by Attorney Vo Thien Hien covers the complete process.

Who Needs a Work Permit?

Required for

All foreign employees working in VietnamForeign managers, executives, and specialistsTechnical workers and skilled laborersForeign interns (over 90 days)

Exemptions

Work permits are NOT required for:

Intra-company transferees (under 90 days, with notification)Foreign investors/capital contributors visiting for businessEmergency technical assistance (under 30 days)International students on approved internshipsForeign lawyers licensed in VietnamCertain categories under international treaties

Eligibility Requirements

For the foreign employee

Age: At least 18 years oldHealth: Medical certificate from an approved Vietnamese hospitalNo criminal record: Police clearance from home country or country of residenceQualifications: One of the following:

Manager/Executive: Proof of management experienceExpert: University degree + 3 years relevant experienceTechnical worker: Certificate + years of training/experience

For the employer

Must have a legitimate business operation in VietnamMust demonstrate the need for foreign labor (local recruitment efforts)Must submit a foreign labor utilization report

Application Process

Step 1: Foreign Labor Report (30 days before hiring)

Submit to provincial DOLISA (Department of Labor)Report the position, qualifications required, and why a local cannot fill itDOLISA approves or requests local recruitment first

Step 2: Gather Required Documents

From the employee's home country:

Criminal background check (apostilled/legalized)Degree certificates (apostilled/legalized)Employment history verification

In Vietnam:

Health certificate from approved hospitalPassport copy (notarized)Photos (4x6 color, white background)

From the employer:

Business registration certificateForeign labor report approvalEmployment contract or appointment letter

Step 3: Submit Work Permit Application

Submit to provincial DOLISAProcessing time: 5 working days (after complete submission)Work permit valid for up to 2 years

Step 4: Receive Work Permit

Collect from DOLISAEmployee must carry the work permit during work

Renewal Process

Apply at least 5 days before expirySame documents required (updated)Processing: 5 working daysMaximum renewal: same position and employer

Common Pitfalls

Document legalization delays: Start apostille/legalization process 2-3 months earlyHealth certificate validity: Only 12 months — time the medical exam carefullyCriminal record clearance: Some countries take 6-8 weeks to issueDegree authentication: Some positions require degree in relevant fieldLate applications: Working without a valid permit = significant fines

Penalties for Non-Compliance

For the employer

Fine: 50-75 million VND per foreign worker without work permitDeportation of the foreign worker at employer's expensePossible revocation of business license

For the employee

Fine: 15-25 million VNDDeportationEntry ban (possible)

Practical Recommendations

Start the process early — minimum 3 months before intended start dateUse experienced immigration counsel — document requirements change frequentlyKeep copies of everything — original documents may be required at multiple stagesCalendar renewal dates — expired work permits cannot be "extended"Notify DOLISA of changes — position changes require a new work permit

Conclusion

Work permit compliance in Vietnam protects both the employer and the foreign employee. The relatively straightforward process becomes complex only when documentation is incomplete or deadlines are missed.

Contact Attorney Vo Thien Hien at Apolo Lawyers for work permit and immigration advisory services.