A work permit is one of the key legal documents required for a foreign employee to work lawfully in Vietnam. For foreign managers, executive directors or senior management personnel, the application must be prepared carefully, especially the documents proving the managerial title, scope of authority and working arrangement in Vietnam.
Correctly identifying the job position, supporting documents and competent receiving authority helps the employer reduce the risk of supplementation requests, amendment requirements or extended processing time.
This article provides an overview of the requirements, documents and application process for obtaining a work permit for foreign managers in Vietnam under the current regulations.
What is a work permit for foreign managers?
A work permit for foreign managers is a document issued by the competent Vietnamese authority allowing a foreign employee to work in Vietnam in the position of manager, executive director or another relevant position as prescribed by law.
It serves as the legal basis for the foreign employee to work in Vietnam during the permitted period. In practice, a work permit is also an important supporting document for related immigration procedures such as work visa applications, temporary stay extension or temporary residence card application, where the relevant conditions are met.
Who is considered a foreign manager?
Under current regulations, a manager is a person who is considered an enterprise manager under the Law on Enterprises, or the head or deputy head of an agency or organization as prescribed by law.
In practice, positions commonly reviewed under the manager category may include:
- Company President;
- Chairperson of the Members’ Council;
- Chairperson of the Board of Directors;
- Member of the Board of Directors;
- General Director;
- Director;
- Deputy Director;
- Head of Representative Office;
- Head or deputy head of an agency or organization;
- Other management titles supported by appropriate legal and appointment documents.
Depending on the corporate structure, the receiving authority may review the company charter, enterprise registration certificate, branch or representative office operation certificate, appointment decision, transfer document or other legally equivalent documents to determine whether the foreign employee qualifies as a manager.
Manager, executive director, expert and technical worker: key distinctions
When preparing a work permit application, the employer should correctly identify the foreign employee’s job position. Choosing the wrong category may make the application inconsistent or require amendment.
Manager
A manager is an enterprise manager, or the head or deputy head of an agency or organization as prescribed by law. Supporting documents generally focus on the legal basis of the title, management authority and appointment or transfer documentation.
Executive director
An executive director may be the head of a branch, representative office or business location of an enterprise, or the head who directly manages a department or field of an agency, organization or enterprise. In certain cases, relevant experience in the field corresponding to the intended position in Vietnam may be required.
Expert
An expert is generally assessed based on qualifications, certificates or documents proving professional competence, together with working experience relevant to the intended position in Vietnam. Certain priority sectors, such as finance, science, technology, innovation, national digital transformation or other priority socio-economic development sectors, may have specific experience requirements.
Technical worker
A technical worker is generally assessed based on training, work experience or an employer’s confirmation of experience in a field relevant to the intended position in Vietnam.
This article focuses on foreign employees working in Vietnam as managers or executive directors.
When is a work permit required for a foreign manager?
An employer in Vietnam should consider applying for a work permit when a foreign employee enters Vietnam to work in a management or executive role that is subject to work permit requirements.
Common cases include:
- A foreigner appointed as General Director, Director or Deputy Director of a Vietnamese enterprise;
- A foreigner serving as the head or deputy head of a branch, representative office or business location;
- A foreigner transferred from a parent company or foreign organization to Vietnam to work in a management role;
- A foreigner directly managing a department, function or business unit within an enterprise;
- A foreigner acting as owner, capital-contributing member, board member or similar title but not falling under a work permit exemption;
- A foreigner who already has a work permit but changes job position, working form or employer.
Not every foreigner holding a management title is automatically required to obtain a work permit. Some cases may qualify for work permit exemption or require a written confirmation of exemption. The employer should therefore review the specific conditions before proceeding.
Requirements for a work permit for foreign managers
To be considered for a work permit, the foreign employee and the employer in Vietnam generally need to meet the following requirements:
- The foreign employee is at least 18 years old and has full civil act capacity;
- The foreign employee is medically fit for the job;
- The foreign employee is not currently serving a sentence, has no unexpunged criminal record, and is not under criminal prosecution under Vietnamese or foreign law;
- The foreign employee has documents proving the status of manager, executive director or another relevant position as prescribed;
- The foreign employee holds a valid passport;
- There is an employer in Vietnam responsible for filing the work permit application;
- The purpose of work, job position and working form in Vietnam are consistent with the application;
- The foreign employee does not fall under cases where a work permit cannot be issued under Vietnamese law.
Depending on the case, the employer may also need to prepare documents proving the form of work, foreign assignment documents, contracts or relevant agreements.
Required documents for a work permit application
Under current regulations, a work permit application for a foreign employee generally includes the following key documents:
- A written explanation of the demand for foreign labor and request for work permit issuance by the employer, using the prescribed form;
- Health check certificate issued by a qualified medical facility, unless the health result has been connected and shared through the relevant health information system or national health database;
- Valid passport;
- Criminal record certificate or written confirmation that the foreign employee is not serving a sentence, has no unexpunged criminal record or is not under criminal prosecution, issued within 06 months before the application date, unless the administrative procedures have been integrated under applicable regulations;
- 02 color photos, 4cm x 6cm, white background, front-facing, bareheaded and without colored glasses;
- Documents proving the foreign employee’s form of work in Vietnam;
- Documents proving that the foreign employee is a manager, executive director, expert or technical worker as prescribed;
- Other documents requested by the competent authority depending on the specific case.
For foreign managers, the documents proving the management title are particularly important. The employer should ensure consistency across the appointment documents, company charter, enterprise registration certificate, branch or representative office operation certificate and other relevant documents.
Documents proving foreign manager status
For a foreign employee working as a manager, supporting documents may include one or more of the following groups:
- Company charter and documents proving the employee’s management status;
- Appointment or transfer decision for the management position;
- Establishment license of the agency or organization together with the appointment or transfer decision for the head or deputy head of the agency or organization;
- Enterprise registration certificate or legally equivalent document;
- Branch, representative office or business location registration certificate, where the management position is linked to a branch, representative office or business location;
- Assignment, transfer or confirmation document from the foreign company or organization where the employee is transferred to Vietnam;
- Other documents proving the title, management authority and working arrangement in Vietnam.
If the documents, title or organizational structure do not clearly show management authority, the employer should review and standardize the documents before submission to reduce the risk of supplementation requests.
Do foreign-issued documents need consular legalization?
Foreign-issued documents in a work permit application generally need to be consularly legalized, unless they are exempt under an international treaty, reciprocity principle or applicable Vietnamese law.
After consular legalization, the documents must be translated into Vietnamese and certified as prescribed. If the document is a copy, it should be certified against the original before translation and certification.
This step may significantly affect the preparation timeline because it depends on the issuing authority overseas, the consular legalization process, translation and certification service, and specific requirements of the receiving authority in Vietnam.
Work permit application process for foreign managers
Under current regulations, the work permit procedure has been adjusted so that the explanation of demand for foreign labor and the request for work permit issuance are integrated into the same application dossier.
The basic process includes the following steps:
Step 1: Review eligibility and determine the correct job position
The employer should determine whether the foreign employee falls under the category of manager, executive director, expert or technical worker. For a manager, the employer should review the job title, authority, appointment basis and supporting documents.
At the same time, the employer should check whether the foreign employee is subject to work permit requirements or may fall under a work permit exemption.
Step 2: Prepare the work permit application
The employer prepares the application according to the prescribed form and document checklist applicable to the job position, working form and intended work location in Vietnam.
At this stage, the employer should carefully review the foreign employee’s personal documents, the employer’s legal documents, manager-status supporting documents and any foreign-issued documents requiring consular legalization, translation and certification.
Step 3: Submit the application to the competent authority
Within 60 days but not less than 10 days before the expected working date, the employer submits the work permit application.
The application may be submitted directly, by public postal service, through an authorized service provider or online via the National Public Service Portal, depending on the instructions of the competent authority.
The application is generally submitted to the local Public Administrative Service Center where the foreign employee is expected to work, and will then be forwarded to the competent work permit authority.
Step 4: Authority review
Within 10 working days from receipt of a complete and valid application, the competent authority reviews the demand for foreign labor and issues the work permit.
If the demand for foreign labor is not approved or the work permit is not issued, the competent authority will issue a written response stating the reason within the prescribed timeframe.
Step 5: Receive the result and check work permit information
After the work permit is issued, the employer and foreign employee should carefully check the information stated on the permit, including full name, nationality, passport number, employer, job position, title, working form, work location and validity period.
Where the foreign employee works under an employment contract, the employer and the foreign employee must sign a written employment contract before the expected working date after the work permit is issued, in accordance with Vietnamese labor law.
Validity of a work permit for foreign managers
The validity of a work permit is determined based on the term of the expected employment contract, assignment letter, relevant contract or agreement, operation license of the agency, organization or enterprise, or other legal basis as prescribed.
However, the validity of a work permit must not exceed 02 years.
When the work permit is close to expiry, the employer should review whether the case is eligible for renewal or a new work permit based on the employee’s actual situation. In certain cases, after a work permit has been renewed, the employer may need to apply for a new work permit if the employee continues working in the same position under the current regulations.
Processing time for a work permit for foreign managers
The statutory processing time for a work permit application is 10 working days from the date the competent authority receives a complete and valid application.
If the demand for foreign labor is not approved or the work permit is not issued, the competent authority must issue a written response stating the reason within the prescribed timeframe.
The actual service timeline may be longer than the statutory processing time because it also includes consultation, eligibility review, document checking, consular legalization, translation, certification, document preparation, submission coordination, result monitoring and handling of supplementation requests, if any.
Common issues in work permit applications for foreign managers
Employers often encounter issues when preparing work permit applications for foreign managers in the following cases:
- Incorrect identification of the job category;
- Inconsistency between the appointment title and the employer’s legal documents;
- Company charter, enterprise registration certificate or appointment decision does not clearly demonstrate management authority;
- Foreign-issued documents have not been properly consularly legalized, translated or certified;
- Criminal record certificate or health check certificate is no longer valid;
- Passport validity is insufficient or passport information is inconsistent with other documents;
- Work location stated in the application does not match the employer’s registered location or permitted operation scope;
- The foreign employee already has a work permit but changes job position, working form or employer without completing the appropriate procedure.
Reviewing the application before submission helps employers reduce supplementation requests and plan foreign personnel arrangements more effectively.
Nhi Gia’s work permit consulting service for foreign managers
Obtaining a work permit for a foreign manager requires the employer to identify the correct job position, prepare adequate documents proving the management title and follow the proper procedure with the competent authority.
With practical experience in supporting foreign employees working in Vietnam, Nhi Gia assists companies in preparing and handling work permit applications based on each specific case.
Nhi Gia supports clients with:
- Advising on work permit requirements for foreign managers;
- Checking whether the foreign employee is subject to a work permit or work permit exemption;
- Reviewing job title, position and manager-status supporting documents;
- Guiding preparation of the foreign employee’s personal documents;
- Guiding legal documents of the company, branch or representative office;
- Advising on consular legalization, translation and certification of foreign-issued documents;
- Supporting application monitoring and advising on next steps if supplementation is requested;
- Advising on renewal, re-issuance or new work permit application where changes arise.
The statutory processing time and the actual service timeline may differ depending on the condition of the application, supplementation requests, consular legalization timeline, the working schedule of the receiving authority and other factors arising during the process. Nhi Gia will advise the expected timeline after reviewing the client’s specific case.
For support with work permit procedures for foreign managers in Vietnam, please contact Nhi Gia for detailed consultation.
