Work Permit in Vietnam
A Work Permit is a mandatory requirement for foreigners to be legally hired in Vietnam. The company can only sign a labor contract, pay salary to the foreign employees only after a Work Permit for the employee is obtained. This Work Permit is also a prerequisite for Work Visa or Work TRC to be issued.Â
Work Permit is issued by the Department of Labor in the City where the company is registered. The Work Permit must be applied through the sponsor company (the Employer).Â
Who must obtain a Work Permit in Vietnam?
Technically, every non-Vietnamese who works for an entity or organization in Vietnam is subject to Work Permit. However, there are few exceptions.
Work Permit exemption and who are eligible for exemptions:
A person who works for an entity in Vietnam can be exempted from a Work Permit if:
- In marriage with a Vietnamese
- Having a business investment worth more than 3 billion in VND
- Belong to some special organizations (governmental) and hole position of diplomats, recognized lawyers, ect.
This Work Permit exemption is not recognized by default. If a person is qualified for exemption, he/she must submit an application to obtain this exemption from the same department which is in charge of the Work Permit issued. However, the timeline and procedure for a Work Permit exemption are way faster and easier compared to applying for a Work Permit.
Work Permit exemption can be used to apply for Work Visa and Work TRC as well.
Work Permit application process explained
The Work Permit in Vietnam is a 2-step process:
- Step 1: The company is permitted to recruit a foreigner to a certain position.
- Step 2: The company is permitted to recruit a specific person into the approved position (the result of Step 1)
The timeline for each step takes roughly 2-3 weeks which makes the whole process 4-6 weeks to be completed. Giving some circumstances, it can take longer than that such as lockdown (pandemic), overload in the Department of Labor or additional information requests from the Department of Labor over the application dossier.Â
What are required documents from Work Permit applicants
The documents of the applicants will be needed in Step 2 of the process. The documents required to depend on which category the applicant falls into. There are 4 position categories recognized the Department of Labor:
- Director/CEO/Legal representative of a company
- Business Manager: Head of a business branch/office
- Expert (professional positions)
- High-skilled labor (those who work in a factory, warehouse, technical jobs ect.)
The table below details what documents are required from the applicants according to each job category. This requirement follows the latest regulations of Work Permit the Decree 152 which take effect from 2021. Some of the requirements have been changed from the old law, therefore one may see some differences from the process of last year and before.
| Applicant position category |
Degree (*) |
Proof of experience (**) | Healthcheck certificate |
Criminal Record |
| Director/CEO/Legal representative of a company |
No |
No | Yes
From a designated hospital/clinic for WP in VN |
Yes In Vietnam (original copy) or from overseas (legalized copy) |
| Business Manager: Head of a business branch/office |
No |
No | Yes
From a designated hospital/clinic for WP in VN |
Yes In Vietnam (original copy) or from overseas (legalized copy) |
| Expert |
Yes Must be a University degree or above (legalized) |
Yes
Must be minimum 3 years from an overseas job (legalized) |
Yes
From a designated hospital/clinic for WP in VN |
Yes In Vietnam (original copy) or from overseas (legalized copy) |
| High-skilled labor |
Yes Must be a Diploma degree or above (Legalized) |
Yes
Must be minimum of 5 years from an overseas job (legalized) |
Yes
From a designated hospital/clinic for WP in VN |
Yes In Vietnam (original copy) or from overseas (legalized copy) |
(*): Degree: The degree must be relevant to the experience and the Job of Work Permit. For example, cannot use an Economics degree to apply for an English Teaching job.
(**): Proof of experience: The previous experience should match with the Job of Work Permit, no need to be exactly the same, but must show relevancy.
Document legalization is the process that can be done at the Vietnamese embassy at the document issuing country or at the embassy of that issuing country in Vietnam.
Read more: WORK PERMIT IN VIETNAM: YOUR DEGREE MUST MATCH WITH JOB POSITION – DECREE 152
Work Permit terms and conditions
The Work Permit has a maximum of 2 years invalidity. However, it also depends on the terms of the job or the passport’s validity. After 2 years, if there is no change of the position, the Work Permit can be renewed or extended to a similar term.
When the renewed Work Permit reaches its term, the Work Permit holder must apply for a new one.
The Work Permit is the asset/permits belong to the company. When a person needs to apply for Visa or TRC, the company can issue the notarized copy for Visa/TRC’s application or temporarily give the Work Permit to the person for TRC application. After that, the Work Permit needs to be returned to the company.
If need VNBG’s support in your Work Permit application, contact us via this form.
