Work Permit in Vietnam – Essential Guide for Foreign Workers

Every year, thousands of foreign workers come to Vietnam for employment. Almost all of them must obtain a work permit to work legally. Alongside a visa and a temporary residence card, a work permit is one of the most critical documents for foreign employees in Vietnam.

What is a Work Permit in Vietnam?

A work permit is an official document issued by a competent Vietnamese authority that allows foreign nationals to work legally in Vietnam.

Who Needs a Work Permit?

Foreigners working in Vietnam are generally required to have a work permit unless they fall under an exemption category. However, even those exempted must obtain a work permit exemption certificate to work legally.

Cases Exempted from Work Permit Requirements:

• Owners or capital-contributing members of a limited liability company.
• Chairpersons or members of the board of directors of a joint-stock company.
• Heads of representative offices, projects, or those responsible for international organizations or foreign NGOs in Vietnam.
• Individuals entering Vietnam for less than three months to provide services, resolve technical issues, or handle complex technologies.
• Foreigners married to Vietnamese citizens and residing in Vietnam.

Why is a Work Permit Important?

• Legal Protection: It ensures that foreign employees have lawful employment and access to their rights under Vietnamese labor law.
• Avoiding Penalties: Working without a labor license or an exemption certificate can result in fines of up to 25 million VND for individuals and 75 million VND for companies. Deportation is also a possible consequence.

Legal Regulations Governing Work Permits

• Labor Code (Section 3, Chapter XI)
• Decree No. 152/2020/ND-CP (Regulations on foreign workers in Vietnam)
• Decree No. 70/2023/ND-CP (Amendments to Decree 152/2020)

Conditions for Issuing a Work Permit

To qualify for a work permit, a foreign worker must:

• Be at least 18 years old and have full civil capacity.
• Possess relevant professional qualifications, skills, and work experience.
• Be in good health as per Vietnam’s Ministry of Health regulations.
• Have no criminal record and not be under prosecution in Vietnam or any other country.
• Obtain approval for employment from a relevant authority (unless exempted).

Work Permit Application Process

Required Documents:

1. Work permit application form (Form No. 11/PLI).
2. Health certificate, valid within 12 months from issuance.
3. Criminal record certificate (from Vietnam or the applicant’s home country).
4. Proof of qualifications (documents verifying the applicant’s expertise, managerial role, or technical skills).
5. Two passport-sized photos (4cm x 6cm, white background, taken within six months).
6. Approval of the need for foreign labor (if required).
7. Certified copy of the passport.
8. Relevant supporting documents (varies by case).

? Important: Documents issued abroad must be notarized, consular legalized, and translated into Vietnamese (unless exempted by law).

Step-by-Step Procedure:

1. Obtain approval to hire foreign workers: Submit Form No. 01/PLI to the Ministry of Labor, War Invalids and Social Affairs (MOLISA) or the provincial Department of Labor at least 15 working days before employment.
2. Submit the work permit application to the Department of Labor, Invalids, and Social Affairs.
3. Receive the work permit: Processing time is within 5 working days from the date of submission.
4. Sign the labor contract: After obtaining the work permit, the employer and the foreign worker must sign a contract before commencing work.

Work Permit Exemption Procedure

Foreigners exempted from work permits must apply for a work permit exemption certificate.

Required Documents:

• Application form (Form No. 09/PLI).
• Health certificate.
• Approval of the need for foreign workers (if required).
• Certified copy of the passport.
• Proof of exemption eligibility.

Procedure:

1. Submit the application to MOLISA or the local Department of Labor.
2. Receive confirmation within 5 working days.
3. If denied, the authority will provide a written explanation.

Contact An Law Vietnam for Legal Assistance

Navigating work permit regulations can be complex. An Law Vietnam has a team of experienced, multilingual lawyers ready to assist you with obtaining a work permit or work permit exemption efficiently.

? Phone: (+84) 986 995 543
? Email: info@anlawvietnam.com
? Working Hours: 08:00 – 18:00 (GMT+7) | Monday – Friday

? Let us help you secure your legal employment in Vietnam today!