Guide to Issuing Work Permits for Foreign Workers in Ho Chi Minh City

The issuance of work permits for foreign workers in Ho Chi Minh City is not only a legal procedure but also a key factor in strengthening cooperation and economic development. For both employees and employers, a thorough understanding and proper compliance with the relevant regulations contribute to creating an efficient and transparent working environment.

We hope that the information below will provide you with a clear overview of the process and requirements for obtaining a work permit in Ho Chi Minh City.

What Is a Work Permit?

A work permit is a legal document authorizing foreign nationals to work lawfully in Vietnam.

A valid work permit must be issued by the competent state authority responsible for labor affairs in Vietnam, namely:
(1) The Employment Department under the Ministry of Labor, War Invalids and Social Affairs; or
(2) The Department of Labor, War Invalids and Social Affairs of the province/city where the foreign worker is expected to work.

The work permit clearly states the foreign worker’s details, including full name, passport number, date of birth, nationality, name and address of the employing organization, job position, and duration of employment.

Conditions and Eligible Categories for Issuance of Work Permits to Foreign Workers in Vietnam

To be granted a work permit, a foreign worker must first satisfy the conditions stipulated in Decree No. 11/2016/ND-CP as follows:
1. The foreign national must have full civil act capacity under Vietnamese law;
2. Must be in good health suitable for the requirements of the intended job;
3. Must be a manager, executive director, expert, or technical worker (Vietnam does not issue work permits for ordinary or unskilled labor);
4. Must not have a criminal record or be subject to criminal prosecution under Vietnamese law or the law of their home country;
5. Must have written approval from the competent state authority for the employment of the foreign worker.

Pursuant to Decree No. 152/2020/ND-CP regulating work permits, foreign workers entering Vietnam for the following purposes are eligible to apply:

1. Performance of a labor contract;
2. Intra-company transfer;
3. Performance of contracts or agreements in economic, commercial, financial, banking, insurance, scientific-technical, cultural, sports, educational, vocational training, or medical fields;
4. Service provision under contract;
5. Offering services;
6. Working for foreign non-governmental organizations or international organizations in Vietnam permitted to operate under Vietnamese law;
7. Managers, executive directors, experts, or technical workers;
8. Participation in the implementation of bidding packages or projects in Vietnam;

Cases Where Foreign Workers Are Not Eligible for a Work Permit

Under Article 7 of Decree No. 152/2020/ND-CP on foreign workers in Vietnam and the recruitment and management of Vietnamese workers employed by foreign organizations or individuals in Vietnam, foreign workers falling under the following cases are exempt from requiring a work permit:

• Owners or capital-contributing members of a limited liability company with a capital contribution of VND 3 billion or more as prescribed by the Government.
• Chairperson or member of the Board of Directors of a joint-stock company with a capital contribution of VND 3 billion or more as prescribed by the Government.
• Head of representative office, project, or principal representative of an international or foreign non-governmental organization in Vietnam.
• Entering Vietnam for less than 3 months to offer services.
• Entering Vietnam for less than 3 months to handle emergencies or complex technical/technological situations affecting or risking production or business that cannot be resolved by Vietnamese experts or foreign experts currently in Vietnam.
• Foreign lawyers holding a practicing certificate in Vietnam under the Law on Lawyers.
• Cases provided for in international treaties to which the Socialist Republic of Vietnam is a party.
• Foreign nationals married to Vietnamese citizens and residing in Vietnam.
• Intra-company transfers within the scope of the 11 service sectors in Vietnam’s WTO service commitments.
• Entering Vietnam to provide expert or technical consultancy services or perform other tasks related to research, development, appraisal, monitoring, evaluation, management, and implementation of official development assistance (ODA) programs/projects under regulations or international ODA treaties signed between competent Vietnamese authorities and foreign parties.
• Licensed by the Ministry of Foreign Affairs to engage in information and press activities in Vietnam in accordance with the law.
• Sent by a competent foreign authority or organization to teach or conduct research at international schools under the management of foreign diplomatic missions or the United Nations, or at institutions established under agreements to which Vietnam is a party.
• Volunteers as defined in Clause 2, Article 3 of this Decree.
• Entering Vietnam to work as a manager, executive director, expert, or technical worker for less than 30 days and no more than 3 times in one year.
• Entering Vietnam to implement international agreements signed by central or provincial authorities in accordance with the law.
• Students or interns studying at overseas schools or training institutions with internship agreements at agencies, organizations, or enterprises in Vietnam; trainees or interns on Vietnamese vessels.
• Relatives of members of foreign representative missions in Vietnam as specified in Point l, Clause 1, Article 2 of this Decree.
• Holders of official passports working for state agencies, political organizations, or socio-political organizations.
• Persons responsible for establishing a commercial presence.
• Certified by the Ministry of Education and Training as foreign workers entering Vietnam to teach or conduct research.

Procedure for Applying for a Work Permit for Foreign Workers in Vietnam

Step 1: Submit a request for approval of the need to employ foreign workers
The employer is responsible for submitting an explanatory report on the need to employ foreign workers.
Submission address: Ministry of Labor, War Invalids and Social Affairs or the Chairperson of the provincial People’s Committee.
Dossier includes: Report form (Form No. 01, Appendix 01 of Decree No. 152/2020/ND-CP as amended by Decree No. 70/2023/ND-CP) accompanied by a copy of the business registration certificate.

Step 2: Submit the application for issuance of a work permit
The employer must complete the declaration form and submit the application dossier for the work permit.
Submission deadline: At least 15 working days before the expected start date of the foreign worker’s employment.
Number of sets: 01 set, containing the contents detailed above.
Submission location: Ministry of Labor, War Invalids and Social Affairs or the Department of Labor, War Invalids and Social Affairs where the foreign worker is expected to work.
Processing time: 05 working days from receipt of a complete application.

With a team of highly experienced lawyers possessing solid legal knowledge and strong bilingual consultation capabilities, BKC Law is confident in being one of the best legal partners in the market to assist with work permit applications for foreign workers in Ho Chi Minh City.

For free legal consultation at BKC Law, please contact our lawyers using the following details:
Phone: 0901 333 341
Email: info@bkclaw.vn
District 1 Office: 9th Floor, Diamond Plaza Building, 34 Le Duan, District 1, Ho Chi Minh City
Binh Tan Office: 41 Ten Lua, Binh Tan District, Ho Chi Minh City