A work permit is mandatory for foreign nationals working in Vietnam for more than 03 months. Without a valid work permit, the foreign employee may be subject to deportation, while the employer may face administrative penalties of up to VND 75,000,000, depending on the number of foreign employees involved, pursuant to Decree No. 12/2022/ND-CP, effective from January 17, 2022.
What Is a Work Permit?
A Work Permit is an official legal document issued by the Ministry of Labor, Invalids and Social Affairs, legally authorizing foreign nationals to work for organizations and enterprises in Vietnam for a duration exceeding 03 months.
This certificate explicitly details the following critical information:
- Details of the competent issuing authority.
- Sponsoring employer information:
- Company name;
- Registered business address.
- Permit holder information:
- Full legal name;
- Nationality;
- Passport number;
- Date of birth;
- Professional qualifications;
- Job title/position;
- Employment term (validity period).
Foreign professionals must strictly adhere to the exact job role specified in their Work Permit; any deviation constitutes a legal violation. Furthermore, this document serves as a mandatory prerequisite for securing a 2-year Temporary Residence Card (TRC).
Requirements for Issuing a Work Permit to Foreign Nationals
Pursuant to Article 151 of the Labor Code 2019 (No. 45/2019/QH14), foreign nationals applying for a Work Permit must satisfy the following statutory requirements:
- Be at least 18 years of age and possess full civil capacity as prescribed by Vietnamese law.
- Meet the physical health requirements mandated by the Minister of Health.
- Possess the appropriate professional qualifications, skills, expertise, and technical experience required for the designated job role.
- Have no criminal record and not currently be subject to criminal prosecution under both Vietnamese and foreign jurisdictions.
- The sponsoring employer must obtain an official written approval from the competent state authority confirming the demand for utilizing foreign labor.
Cases Requiring a Work Permit
Pursuant to Article 2 of Decree No. 219/2025/ND-CP, foreign nationals entering Vietnam to work under any of the following categories are legally required to obtain a Work Permit:
- Executing an employment contract.
- Internal corporate transferees (Intra-company transferees).
- Implementing contracts or agreements spanning economics, commerce, finance, banking, insurance, science and technology, culture, sports, education, vocational training, or healthcare.
- Contractual service providers.
- Offering services for sale (Service sellers).
- Working for foreign non-governmental organizations (NGOs) or international organizations in Vietnam authorized to operate under Vietnamese law.
- Volunteers.
- Individuals responsible for establishing a commercial presence.
- Managers, executives, experts, and technical workers.
- Participating in the execution of bidding packages or projects in Vietnam.
- Relatives of members of foreign representative missions in Vietnam who are permitted to work under international treaties to which the Socialist Republic of Vietnam is a signatory.
Entities Eligible to Sponsor Foreign Employees Working in Vietnam
The following organizations and individuals possess the legal capacity to sponsor foreign nationals to work in Vietnam:
- Enterprises operating under the Law on Enterprises, the Law on Investment, or international treaties to which the Socialist Republic of Vietnam is a signatory.
- Contractors participating in bids or executing contracts.
- Representative offices or branches of enterprises, agencies, or organizations legally established by competent authorities.
- State agencies, political organizations, socio-political organizations, socio-political-professional organizations, social organizations, or socio-professional organizations.
- Foreign non-governmental organizations (NGOs) granted registration certificates by competent Vietnamese authorities under Vietnamese law.
- Public service delivery units and educational institutions established in compliance with legal regulations.
- International organizations or offices of foreign projects in Vietnam; agencies and organizations authorized to be established and operate by the Government, Prime Minister, ministries, or state sectors under the law.
- Operating offices of foreign investors under business cooperation contracts (BCC) or foreign contractors registered to operate under the law.
- Law firms or legal professional organizations practicing in Vietnam in accordance with the law.
- Cooperatives and cooperative unions established and operating under the Law on Cooperatives.
- Household businesses and individuals authorized to conduct business operations in accordance with the law.
Application Dossier and Procedures for Foreign Work Permits
To obtain a Work Permit for foreign employees, enterprises must sequentially fulfill the following 03-step procedure
Step 1: Register the Demand for Utilizing Foreign Labor with Competent Authorities
At least 30 days prior to the expected date of employment, the employer (excluding contractors) is legally responsible for determining the demand for foreign workers for each specific position that Vietnamese workers cannot yet fulfill. The employer must submit an explanatory report to the Ministry of Labor, Invalids and Social Affairs (MOLISA) or the People’s Committee of the province/municipality where the foreign national is expected to work.
The application dossier for labor usage approval includes:
- A notarized copy of the Business Registration Certificate.
- An official dispatch explaining the recruitment demand, using the following statutory forms:
- Form No. 01/PLI: Applicable if the employer has never registered or been approved to employ foreign labor.
- Form No. 02/PLI: Applicable if the employer has previously been approved but has changes in their labor utilization requirements.
- A Letter of Introduction or Power of Attorney (if the individual submitting the application is not the legal representative of the enterprise).
Processing time: 10 working days (excluding Saturdays, Sundays, and public holidays).
Step 2: Submit the Work Permit Application to the Competent State Authority
At least 15 days prior to the date the foreign national is scheduled to commence work in Vietnam, the applicant must submit the dossier to MOLISA or the Department of Labor, Invalids and Social Affairs (DOLISA) where the foreign employee will work. The submission venue varies for the following specific cases:
- Enterprises located within Industrial Parks, High-Tech Zones, Economic Zones, etc.: Submit the dossier to the relevant Management Board of the Industrial Park/Export Processing Zone where the enterprise’s headquarters is situated.
- Enterprises located outside Industrial Parks/Export Processing Zones: Submit the dossier to the provincial Department of Labor, Invalids and Social Affairs (DOLISA).
- Foreign nationals working for Non-Governmental Organizations (NGOs), International Organizations, Associations, etc.: pursuant to the regulations of Decree No. 219/2025/ND-CP, the dossier shall be submitted to the local Public Administrative Service Center where the foreign employee is scheduled to work.
Pursuant to Article 9 of Decree No. 219/2025/ND-CP, a complete application dossier for a Work Permit for a foreign national working in Vietnam comprises:
- An official written request for the issuance of a Work Permit for the foreign worker, executed in accordance with Form No. 03 enclosed with the Appendix of Decree No. 219/2025/ND-CP.
- The written approval for the demand to utilize foreign labor (obtained from Step 1).
- Criminal Record Certificate No. 1 (proving the applicant has no prior criminal convictions or pending prosecutions).
- A valid health certificate or medical examination report issued by a competent medical organization in Vietnam or overseas (valid within 12 months).
- Documented proof confirming the individual’s status as a manager, executive, expert, or technical worker.
- A valid passport as per regulations (notarized copy).
- 02 recent color photos ($4\times6\text{ cm}$, white background, straight face, bareheaded, without glasses, taken within the last 06 months).
- Other relevant supporting documents related to the foreign employee.
Important Note: Under current regulations, any documents issued by foreign authorities must undergo Consular Legalization (except for cases exempted under international treaties to which both the Socialist Republic of Vietnam and the respective foreign country are signatories, or based on the principle of reciprocity, or statutory exemptions). Furthermore, these documents must be translated into Vietnamese and notarized in accordance with Vietnamese law.
For comprehensive guidance and premium assistance with foreign Work Permit services, please contact our experts immediately at 1900 6654 or 0906 736 788.
Step 3: Receive the Work Permit and Execute the Employment Contract
Within 05 working days (excluding Saturdays, Sundays, and public holidays) from the date of receiving a complete and valid dossier, MOLISA or DOLISA will issue the Work Permit to the foreign national. In case of rejection, a written response explicitly stating the reasons will be provided.
Following the issuance of the Work Permit, the employer and the foreign employee must execute a written employment contract in accordance with the Vietnam Labor Code prior to the scheduled start date. The employer is then required to submit the executed contract (either the original or a certified true copy) to the authority that issued the Work Permit.
What is the Validity Period of a Vietnam Work Permit?
The maximum validity period of an issued Work Permit shall not exceed 02 years. However, depending on the specific agreement between the foreign employee and the employer, the exact duration of the Work Permit for each case will be determined based on one of the following criteria:
- The term of the prospective employment contract to be executed;
- The duration specified by the foreign entity assigning the foreign employee to work in Vietnam;
- The term of the contract or agreement executed between the Vietnamese and foreign partners;
- The term of the service provision contract or agreement executed between the Vietnamese and foreign partners;
- The duration stated in the official document of the service provider assigning the foreign employee to Vietnam for service provision negotiations;
- The operational duration specified in the registration certificate of the foreign non-governmental organization (NGO) or international organization authorized to operate under Vietnamese law;
- The duration stated in the official document of the service provider assigning the foreign employee to Vietnam to establish the commercial presence of that service provider;
- The duration specified in the document proving the foreign employee’s authorized participation in the operations of a foreign enterprise that has already established a commercial presence in Vietnam;
- The duration approved in the official written approval for utilizing foreign labor.
How Much Does a Work Permit Application Cost?
The government fees for issuing a Work Permit to foreign nationals vary depending on the local jurisdiction.
For instance, the state fee for a newly issued Work Permit in Hanoi is VND 400,000, whereas in Ho Chi Minh City, the fee is VND 600,000 per permit. These state fees are subject to change in accordance with specific local updates. Currently, the highest state fee for a new issuance is VND 1,000,000 in Lam Dong province.
This administrative fee, along with all associated application procedures, is to be covered and prepared by the enterprise or the sponsoring employer.
Penalties for Employing Foreign Labor Without a Valid Work Permit
Enterprises that employ foreign nationals without a valid Work Permit, without a Work Permit Exemption Certificate, or with an expired permit will be subject to the following statutory penalties:
1. Administrative Fines:
- From VND 30,000,000 to VND 45,000,000: For violations involving 01 to 10 undocumented, unexempted, or expired-permit foreign workers.
- From VND 45,000,000 to VND 60,000,000: For violations involving 11 to 20 foreign workers.
- From VND 60,000,000 to VND 75,000,000: For violations involving 21 or more foreign workers.
2. Business Suspension:
- Sponsoring employers committing the aforementioned violations face a business operations suspension for a duration ranging from 01 to 03 months.
Why You Should Not File a Work Permit Application Independently
Many enterprises opt for professional Work Permit services due to the numerous hurdles and complexities encountered during the process, including:
- Complex Documentation: The application dossier requires a substantial volume of intricate paperwork, certifications, and specialized documents.
- Frequently Changing Regulations: Immigration and labor laws regarding Work Permits shift constantly, demanding deep legal expertise to ensure compliance.
Explanatory Requirements: Upon submission, applicants must be thoroughly prepared to deliver airtight justifications and precise clarifications regarding their dossier to state officials.
Nhi Gia – The Leading & Most Trusted Work Permit Service Provider
To alleviate the burden of complex administrative procedures for your enterprise, Nhi Gia provides a fast, cost-effective, and full-package Work Permit service for foreign nationals, backed by our firm commitments:
- Unrivaled Success Rate: Driven by over 20 years of solid industry experience.
- Trusted by Corporate Leaders: Prestigious domestic and multinational enterprises highly rely on our expertise.
- Cost Optimization: We meticulously plan and execute processes to minimize overall expenses for our clients.
- Transparency & Confidentiality: Transparent VAT invoicing under the correct service category, along with absolute confidentiality of all corporate and expatriate data.
- Streamlined Workflow: Designed to save maximum time, effort, and resources for your business.
- Comprehensive Post-Permit Support: Assistance with Temporary Residence Card (TRC) applications; proactive notifications prior to permit expiration; and full support in drafting labor contracts and statutory reports for submission to relevant authorities.
Get Expert Consultation Today To register for a consultation regarding foreign Work Permits and related immigration procedures, please contact Nhi Gia directly via our Hotlines: 1900 6654 or 0906 736 788 for the fastest dedicated assistance.
