Process for obtaining a work permit for foreign workers in Vietnam

With the current global economic integration, the issuance of work permits for foreign workers has become a major concern for many businesses. To facilitate business development, the law allows foreign workers to work in Vietnam within the permitted timeframe. To help you understand the conditions and procedures for obtaining a work permit in Vietnam, BKC LAW provides the following detailed information.

Conditions for foreign workers to work in Vietnam

According to legal regulations, foreign workers must meet the following conditions to work in Vietnam:

• A foreign worker is a person holding a foreign nationality and must meet the following criteria:
  • Be at least 18 years old and have full legal capacity.
  • Have professional qualifications, technical skills, work experience, and sufficient health as required by the Minister of Health.
  • Not be currently serving a criminal sentence, have a criminal record that has not been cleared, or be under criminal investigation under either foreign or Vietnamese law.
  • Hold a valid work permit issued by the competent Vietnamese authority.

In certain cases, foreign workers are exempt from work permit requirements, such as: owners or capital-contributing members of limited liability companies with capital contributions exceeding VND 3 billion; workers entering Vietnam for less than three months to provide services, etc.

Note: The employment contract for foreign workers in Vietnam must not exceed the validity period of their work permit. Employers and foreign employees may enter into multiple fixed-term contracts.

Conditions for recruiting and employing foreign workers in Vietnam

Enterprises, agencies, organizations, individuals, and contractors may only recruit foreign workers for managerial, executive, expert, and technical positions that Vietnamese workers cannot yet fulfill.

Before hiring foreign workers, businesses, agencies, organizations, and individuals must justify their labor needs and obtain written approval from the competent state authority.

Contractors must specify job positions, qualifications, technical expertise, work experience, and the required duration for foreign workers to execute the contract and must obtain written approval from the competent authority.

Procedures for obtaining a work permit for foreign workers

Step 1: Posting job vacancies for vietnamese workers

Employers must post job vacancies for Vietnamese workers for at least 15 days on the online portal of the Ministry of Labor, Invalids, and Social Affairs (Department of Employment) or the employment service center designated by the provincial or municipal People’s Committee. If no suitable Vietnamese workers are found, the employer can confirm the need for foreign workers.

In some cases, employers are exempt from confirming the need for foreign workers.

Step 2: Reporting the need for foreign workers

Employers (except contractors) must submit a report to the Ministry of Labor, Invalids, and Social Affairs or the provincial Department of Labor, Invalids, and Social Affairs at least 15 days before the expected employment of foreign workers.

The competent authority will issue an approval or rejection letter within 10 working days.

Step 3: Submitting the work permit application

At least 15 days before the foreign worker is expected to start working, the employer must submit the work permit application to the Ministry of Labor, Invalids, and Social Affairs or the provincial Department of Labor, Invalids, and Social Affairs.

• The work permit will be issued within 5 working days upon receipt of a complete application. If the application is rejected, the authority will provide a written explanation.

Note: For foreign workers under an employment contract, once the work permit is issued, the employer and the employee must sign a written labor contract in accordance with Vietnamese labor law before the worker starts employment. The signed contract must be submitted to the authority that issued the work permit. The contract must be the original or a certified copy.

Processing time: 40-50 days from the date of submission of a complete application.

Required documents for a work permit application

• Employer’s written request for a work permit.
• Health certificate issued by a competent foreign or Vietnamese medical institution, valid within 12 months.
• Criminal record certificate or a document confirming that the foreign worker is not serving a sentence, has no unexpired criminal record, and is not under criminal investigation, issued within the last 6 months.
• Documents proving managerial, executive, expert, or technical qualifications, as required by law.
• Two recent passport-sized photos (4 cm x 6 cm, white background, frontal view, no headwear, no tinted glasses), taken within the last 6 months.
• Approval document confirming the need for foreign workers (except in exempt cases).
• Certified copy of a valid passport.
• Other relevant documents as required.

Note: All documents must be originals or certified copies. If issued abroad, they must be legalized unless exempted under international treaties or reciprocal agreements. Documents must also be translated into Vietnamese and notarized according to Vietnamese law.

BKC LAW’s work permit services for foreign workers in Vietnam

With a team of experienced lawyers, strong legal expertise, and bilingual consulting capabilities, BKC LAW is a leading legal partner in assisting with work permit applications for foreign workers in Vietnam.

Additionally, BKC LAW offers services in: litigation, post-incorporation business services, comprehensive accounting and tax services, and services for foreigners in Vietnam.

For free legal consultation at BKC LAW, please contact us via

Phone: 0901 3333 41
Email: info@bkclaw.vn

District 1 Office: 9th Floor, Diamond Plaza, 34 Lê Duẩn, District 1, Ho Chi Minh City
Binh Tan Office: 41 Tên Lửa, Binh Tan, Ho Chi Minh City

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