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, this document is one of the most critical requirements for foreign employees in the country.

What is a Work Permit?

A work permit is an official authorization issued by a competent Vietnamese authority that allows foreign nationals to be employed legally.

Who Needs It?

Foreigners working in Vietnam generally require this permit unless they qualify for an exemption. However, those exempted must still obtain an exemption certificate to ensure legal employment.

Cases Exempted from the Requirement:

• 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.
• Individuals entering Vietnam for under three months to provide services or resolve technical issues.
• Foreigners married to Vietnamese citizens and residing in the country.

Why is This Document Important?

• Legal Protection: Ensures lawful employment and access to labor rights.
• Avoiding Penalties: Unauthorized work may result in fines of up to 25 million VND for individuals and 75 million VND for businesses. Deportation is also possible.

Legal Regulations

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

Conditions for Issuance

To qualify, applicants must:

• Be at least 18 years old and have full civil capacity.
• Possess relevant qualifications, skills, and work experience.
• Meet health standards set by Vietnam’s Ministry of Health.
• Have no criminal record and not be under prosecution.
• Obtain approval for employment (unless exempted).

Application Process

Required Documents:

1. Application form (Form No. 11/PLI).
2. Health certificate (valid within 12 months).
3. Criminal record certificate (from Vietnam or the home country).
4. Proof of qualifications (relevant 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 applicable).
7. Certified copy of the passport.
8. Supporting documents (varies by case).

? Note: Foreign documents 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 labor department at least 15 working days before employment.
2. Submit the application to the Department of Labor, Invalids, and Social Affairs.
3. Receive the permit: Processing takes approximately five working days.
4. Sign the labor contract: The employer and foreign worker must finalize a contract before commencing work.

Work Permit Exemption Process

Required Documents:

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

Procedure:

1. Submit the application to MOLISA or the local labor department.
2. Receive confirmation within five working days.
3. If denied, authorities will provide a written explanation.

Contact An Law Vietnam for Legal Assistance

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

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