New Work Permit

Vietnamworkpermit.vn provides consultation and support services for the procedures of applying for a new Vietnam Work Permit for foreign nationals of all nationalities, in all job positions, working for enterprises and organizations with a commercial presence (valid business license) in any province or city across Vietnam.

In this section, Vietnamworkpermit.vn would like to provide employers (enterprises and organizations) and foreign workers with the latest updated information in accordance with current regulations on new work permit applications for foreign nationals in Vietnam, including the following topics:

1. Legal Basis for Issuance of Vietnam Work Permits

• Decree No. 152/2020/ND-CP dated December 30, 2020 of the Government, effective from February 15, 2021.

• Decree No. 70/2023/ND-CP dated September 18, 2023 of the Government, effective from September 18, 2023.

2. Cases Eligible for Issuance of Vietnam Work Permits

Foreign nationals entering Vietnam to work (hereinafter referred to as foreign workers) are required to obtain a work permit in the following cases:

• Performing a labor contract;

• Internal transfer within an enterprise;

• Executing contracts or agreements in the fields of economy, commerce, finance, banking, insurance, science and technology, culture, sports, education, vocational education, and healthcare;

• Service providers under a contract;

• Offering services;

• Working for foreign non-governmental organizations or international organizations permitted to operate in Vietnam in accordance with Vietnamese law;

• Volunteers;

• Individuals responsible for establishing a commercial presence;

• Managers, executives, experts, technical workers;

• Participating in tenders or projects in Vietnam;

• Relatives of members of foreign representative agencies in Vietnam who are permitted to work under international treaties to which the Socialist Republic of Vietnam is a member.

3. Why It Is Necessary to Obtain a Vietnam Work Permit

Failure to obtain a Vietnam Work Permit or a written confirmation of exemption from the requirement to obtain a work permit during employment may result in severe penalties for both the foreign worker and the enterprise or organization employing them, as stipulated in Clause 4, Article 32 and Clause 1, Article 6 of Decree No. 12/2022/ND-CP.

• A foreign worker who works in Vietnam without a valid work permit or a written confirmation of exemption may be fined from VND 15,000,000 to VND 25,000,000 or even be deported under the provisions of the 2019 Labor Code; and

• An employer who hires a foreign worker without a valid work permit, or without a confirmation of exemption, or continues to employ a foreign worker whose work permit or confirmation has expired, may be subject to the following fines:

- From VND 30,000,000 to VND 45,000,000 for violations involving 01 to 10 employees;
- From VND 45,000,000 to VND 60,000,000 for violations involving 11 to 20 employees;
- From VND 60,000,000 to VND 75,000,000 for violations involving 21 or more employees.

Depending on the severity of the violation, employers may be fined up to VND 75,000,000 for individuals and up to VND 150,000,000 for organizations.

4. Which Authorities Issue Vietnam Work Permits

• The Department of Labor, Invalids and Social Affairs (now under the Ministry of Home Affairs) of provinces and centrally-governed cities is the authority that issues Vietnam Work Permits for foreign nationals working at enterprises and organizations located in their respective jurisdictions.

• The Employment Department under the Ministry of Labor, Invalids and Social Affairs (now under the Ministry of Home Affairs) is the authority that issues Vietnam Work Permits for foreign nationals working for international organizations, associations, government agencies, and state organizations/enterprises operating in any province or city across Vietnam.

5. Required Documents for Applying for a Vietnam Work Permit

To properly prepare for applying for a Vietnam Work Permit, employers, organizations, and foreign workers must compile the full set of documents as listed below:

5.1. A written request for issuance of a work permit from the employer. In case the foreign worker will work for one employer at multiple locations, the request must list all work locations in detail.

5.2. A health certificate or medical examination report issued by a competent medical institution in Vietnam or abroad, valid within 12 months from the date of conclusion to the date of application submission, or a certificate confirming sufficient health according to the regulations of the Ministry of Health.

5.3. A criminal record certificate or document confirming that the foreign worker is not currently serving a criminal sentence, has no unexpunged convictions, or is not under criminal investigation, issued by a competent authority in Vietnam or abroad.

The criminal record certificate or confirmation document must be issued no more than 6 months before the application submission date.

5.4. Documents proving the foreign worker is a manager, executive director, expert, technical worker, or falls under specific professions as regulated, including:

a) Documents proving status as a manager or executive director, including the following 3 types:

• Company charter or operating regulations of the agency, organization, or enterprise;

• Business registration certificate, establishment certificate, or other legally equivalent document;

• Resolution or appointment decision issued by the agency, organization, or enterprise.

b) Documents proving expert or technical worker status, including the following 2 types:

• Diplomas, certificates, or other qualification documents;

• Confirmation from the foreign organization regarding the number of years of experience as an expert or technical worker, or a previously issued work permit, or confirmation of exemption from work permit requirements.

c) Documents proving experience of foreign football players, or international transfer certificates (ITC) issued for foreign football players, or confirmation from the Vietnam Football Federation of temporary or official registration with a club under the Vietnam Football Federation;

d) Pilot license issued by a competent authority in Vietnam or abroad and recognized by the competent authority in Vietnam for foreign pilots, or a professional certificate issued by the Ministry of Transport for foreign flight attendants;

đ) Certificate of professional competence in aircraft maintenance issued by a competent authority in Vietnam or abroad and recognized by a competent authority in Vietnam for foreign aircraft maintenance workers;

e) Certificate of professional competence or recognition of such certificate issued by a competent authority in Vietnam for foreign crew members;

g) Certificate of high achievement in sports recognized by the Ministry of Culture, Sports and Tourism for sports coaches, or possession of at least one of the following qualifications:

• AFC “B” Coaching Certificate;

• AFC Goalkeeping Level 1 Certificate;

• AFC Fitness Coaching Level 1 Certificate;

• AFC Futsal Level 1 Certificate;

• Or equivalent coaching certifications from foreign countries recognized by AFC.

h) Diploma issued by a competent authority that meets the qualification standards under the Law on Education, Law on Higher Education, Law on Vocational Education, and the Regulation on organization and operation of foreign language and computer centers issued by the Ministry of Education and Training.

5.5. Two (02) color portrait photos (size 4 cm x 6 cm, white background, straight face, bareheaded, without tinted glasses), taken within the last 06 months from the date of application submission.

5.6. A written approval on the demand for employing foreign workers, except for cases where this approval is not required.

5.7. A certified true copy of the passport or a copy of the passport with certification by the employer, valid according to Vietnamese law.

5.8. Relevant documents concerning the foreign worker.

a) For intra-corporate transferees, a document issued by the foreign enterprise assigning the foreign worker to work at the commercial presence of that enterprise in Vietnam and a document proving that the foreign worker has been employed by the sending enterprise for at least 12 consecutive months prior to working in Vietnam;

b) For foreign workers performing contracts or agreements in fields such as economy, commerce, finance, banking, insurance, science and technology, culture, sports, education, vocational training, and healthcare: a signed contract or agreement between the Vietnamese and foreign partners that clearly states the assignment of the foreign worker to work in Vietnam;

c) For foreign contractual service providers, a service contract signed between the Vietnamese partner and the foreign partner and a document proving that the foreign worker has been employed by the foreign enterprise without commercial presence in Vietnam for at least 02 years;

d) For foreign workers entering Vietnam to offer services, a document from the service provider assigning the foreign worker to Vietnam to negotiate the service provision;

đ) For foreign workers working for foreign non-governmental organizations (NGOs) or international organizations operating legally in Vietnam: a document from the agency or organization assigning the foreign worker to work at the NGO or international organization in Vietnam (except for those working under labor contracts), and a valid operation license of the NGO or international organization issued according to Vietnamese law;

e) For foreign workers as prescribed at Point i, Clause 1, Article 2 of Decree No. 70/2023/NĐ-CP, a document from the foreign agency, organization, or enterprise assigning the worker to Vietnam, matching the expected job position, or documents proving that the worker qualifies as a manager as defined in Clause 4, Article 3 of Decree No. 70/2023/NĐ-CP.

5.9. Consular legalization and certification of documents:

Foreign-issued documents as prescribed must be consular legalized, except for cases exempted under international treaties to which both the Socialist Republic of Vietnam and the foreign country are members, or based on the principle of reciprocity, or as otherwise provided by law. These documents must also be translated into Vietnamese and certified in accordance with Vietnamese law.

6. Procedure for Applying for a Work Permit in Vietnam

6.1. At least 15 days prior to the date the foreign worker is expected to start working in Vietnam, the applicant must submit the application for a work permit to the Ministry of Home Affairs or the Department of Home Affairs where the foreign worker is expected to work, as stipulated below:

a) The employer shall submit the application in the following cases where the foreign worker works under the following forms:

• Implementation of a labor contract;

• Intra-corporate transferee;

• Working for a foreign non-governmental organization or an international organization in Vietnam that is permitted to operate under Vietnamese law;

• Volunteer;

• Manager, executive director, expert, technical worker;

• Participating in the execution of a tender package or project in Vietnam.

b) A Vietnamese authority, organization, or enterprise, or a foreign organization or enterprise operating in Vietnam, in the case the foreign worker works under the following forms:

• Implementation of contracts or agreements in the fields of economy, commerce, finance, banking, insurance, science and technology, culture, sports, education, vocational education, and health;

• Service provider under a contract.

c) Foreign workers entering Vietnam for the purpose of offering services for sale, or acting as the person responsible for establishing a commercial presence, under the following forms:

• Offering services for sale;

• Person responsible for establishing a commercial presence.

6.2. Within 05 working days from the date of receipt of a complete application for a work permit, the Ministry of Home Affairs or the Department of Home Affairs where the foreign worker is expected to work shall issue the work permit. In case of refusal, a written response stating the reason must be provided.

6.3. For foreign workers working under a labor contract, after the work permit is issued, the employer and the foreign worker must sign a written labor contract in accordance with the Vietnamese Labor Law before the expected date of employment. The employer is required to submit the signed labor contract to the competent authority that issued the work permit. The labor contract must be the original copy or a certified true copy.

7. Validity Period of the Vietnam Work Permit

The validity of the work permit shall be granted based on the duration of one of the following cases, but not exceeding 02 years:

1. The duration of the labor contract expected to be signed.

2. The duration of the assignment by the foreign entity sending the foreign worker to work in Vietnam.

3. The duration of the contract or agreement signed between the Vietnamese and foreign partners.

4. The duration of the service contract or agreement signed between the Vietnamese and foreign parties.

5. The duration specified in the document of the service provider assigning the foreign worker to Vietnam for service negotiation.

6. The duration specified in the operation license of the agency, organization, or enterprise.

7. The duration specified in the document of the service provider assigning the foreign worker to Vietnam to establish a commercial presence.

8. The duration specified in the document proving the foreign worker participates in the activities of a foreign enterprise that has established a commercial presence in Vietnam.

9. The duration specified in the approval document on the use of foreign workers, except for cases where it is not required to report on the demand for foreign workers according to regulations.

Commitment from Vietnamworkpermit.vn:

With many years of experience and a dedicated team of consultants who are well-versed in legal regulations and administrative procedures, we are committed to accompanying our clients throughout the entire work permit application process in Vietnam.

Our service is always focused on accuracy, speed, and efficiency, ensuring the highest possible success rate for each application.

Contact us now for a consultation!

Vietnamworkpermit.vn – Copyright © Vietnam-legal.com

• Address: 6th Floor, No. 95 Cau Giay Street, Quan Hoa Ward, Cau Giay District, Hanoi, Vietnam
• Phone: (+84) 24 356 26 100
• Hotline: (+84) 868 25 75 32
• Email: [email protected]
• Websites: www.vietnamworkpermit.vn | www.vietnam-legal.com | www.giaypheplaodong.com.vn