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On September 18, 2023, the Vietnamese Government enacted Decree No. 70/2023/ND-CP, which amends and augments specific provisions outlined in Decree No. 152/2020/ND-CP. This decree addresses the recruitment of foreign workers in Vietnam, as well as the hiring and oversight of Vietnamese employees working for foreign individuals and entities in the country.
A work permit is an official document that grants permission to work in a foreign country, known as the “country of work,” distinct from one’s “country of origin.” In Vietnam, holding a work permit signifies legality in employment and ensures the protection of the foreign employee’s rights and interests within labor relations. However, the process of obtaining a work permit can be confusing for first-time visitors. This article will explain the steps and key changes in the regulatory framework for foreigners planning to work in Vietnam.
Conditions for Foreign Workers in Vietnam
As per Article 151.1 of the Labor Code 2019, the conditions for working legally in Vietnam are as follows:
- Age and Legal Capacity: Must be at least 18 years old and possess full legal capacity.
- Qualifications and Health: Should hold technical, professional, or occupational qualifications and experience, along with meeting the health standards specified by the Minister of Health.
- Criminal Status: Must not be currently serving a sentence, have unresolved criminal records, or be under criminal prosecution under foreign or Vietnamese law.
- Valid Work Permit: Must possess a valid work permit issued by a competent state management agency in Vietnam, except for cases specified in Article 154 of the Code.
Foreign workers must meet specific criteria based on their employment situation, including roles such as Expert, Manager/Executive Director, and technical worker when suitable Vietnamese workers are not available.
Eligibility to Apply for a Work Permit in Vietnam
Decree 152/2020/ND-CP specifies the eligibility criteria for foreign workers applying for a work permit in Vietnam. Foreigners entering Vietnam for the following purposes are eligible:
- Executing labor contracts
- Participating in intra-company transfer programs
- Engaging in contracts or agreements about business, commerce, finance, banking, insurance, science and technology, culture, sports, education, vocational training, and health
- Providing services under contracts or independently
- Working for foreign non-governmental organizations or international organizations in Vietnam
- Serving as managers, chief executive officers, experts, or technicians
- Participating in the execution of bid contracts and projects in Vietnam
Entities qualified to sponsor a Vietnam work permit for foreign employees include:
- Enterprises operating under the Enterprise Law, Investment Law, or international treaties ratified by Vietnam
- Contractors involved in bidding and contract performance
- Representative offices, branches of enterprises, and organizations licensed by competent authorities
- State agencies, political and social organizations, and foreign non-governmental organizations with Vietnamese licenses
- Non-business organizations, educational institutions, international organizations, foreign project offices, and cooperatives under Vietnamese law
- Foreign non-governmental organizations are granted licenses by competent Vietnamese authorities under Vietnamese law.
- International organizations, foreign project offices in Vietnam, agencies, and organizations authorized for establishment and operation by the Government, Prime Minister, ministries, and sectors under Vietnamese law.
- Operating offices of foreign investors under business cooperation contracts or foreign contractors licensed to operate under Vietnamese law.
- Organizations operating in legal areas in Vietnam as per Vietnamese law.
- Cooperatives and cooperative unions established and operated under the Cooperative Law.
- Business households and individuals conducting business activities under Vietnamese law are also permitted.
Work Permit Application Process
According to the Labor Code 2019, Decree No. 152/2020/ND-CP, and Decree 70/2023/ND-CP, the employer or their representative must submit the request form and necessary documents to the Department of Labor, Invalids and Social Affairs (DOLISA) at least 13 working days before the foreigner’s intended start date of employment.
Step 1: Apply for Approval of Hiring Foreign Workers
The employer should submit the application for approval at least 15 days before the anticipated start date. Required documents include:
- Registration form for demand for foreign workers (Form No. 01/PLI)
- Certified copy of business registration
- Letter of attorney if the submitter is not the company’s legal representative
These documents can be submitted directly to DOLISA or online at the National Public Service Portal (dichvucong.gov.vn).
Step 2: Prepare Documents for Work Permit in Vietnam
The employer must prepare:
- Application form for Vietnam work permit (Form No. 11/PLI)
- Original health check issued in Vietnam or legalized if issued abroad, with a certified Vietnamese translation (issued within the last 12 months)
- Original Vietnam Police Check or legalized if issued abroad, with a certified Vietnamese translation (issued within the last 6 months)
- Certified copy of valid passport
- Approval letter obtained in Step 1
- Two 4*6cm photos
- Legalized documents proving the foreigner’s eligibility for the applied position, with certified Vietnamese translations
Step 3: Submit Documents to Obtain Work Permit in Vietnam
At least 15 days before the foreign worker’s expected start date, the employer must submit the prepared documents online to the Ministry of Labor, War Invalids and Social Affairs (MOLISA) or the relevant provincial DOLISA. Upon notification of results through the system, the applicant brings the original documents for comparison and receives the official approval letter.
The processing time for a work permit request is typically 1.5 to 2 months, encompassing several stages:
- Announcement of the recruitment of Vietnamese workers: At least 15 days before sending an explanation report to the Ministry or Department of Labor
- Explanation report submission: At least 15 days before hiring foreign workers
- Work permit application: At least 15 working days before the foreign worker starts work
Within 5 working days after receiving a complete application, the competent authority will issue a work permit. If refused, a written response stating the reason will be provided.
Validity, Renewal, and Termination
According to Decree No. 152/2020/ND-CP, a work permit in Vietnam is initially valid for up to 2 years and can be renewed once for an additional 2 years. After the extension, a new work permit must be obtained following the same procedure.
A work permit may be terminated under the following circumstances:
- Expiry of the work permit
- Termination of the labor contract
- Inconsistency between the labor contract content and the granted work permit
- Expiry or termination of relevant contracts
- Announcement of termination by the foreign employer
- Withdrawal of the work permit by the authorized state agency
- Termination of operations by the company or organization in Vietnam
Navigating the work permit process in Vietnam involves understanding the legal requirements and adhering to specified timelines. By following the outlined steps and meeting eligibility criteria, foreign workers can ensure a smooth transition to legal employment in Vietnam.
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