Work Permit Requirements in Vietnam

Introduction

All foreign nationals working in Vietnam must obtain a work permit, with limited exceptions. The process has been streamlined in recent years but remains detailed and document-intensive. This guide by Attorney Vo Thien Hien covers the complete process.

Who Needs a Work Permit?

Required for

  • All foreign employees working in Vietnam
  • Foreign managers, executives, and specialists
  • Technical workers and skilled laborers
  • Foreign interns (over 90 days)

Exemptions

Work permits are NOT required for:

  • Intra-company transferees (under 90 days, with notification)
  • Foreign investors/capital contributors visiting for business
  • Emergency technical assistance (under 30 days)
  • International students on approved internships
  • Foreign lawyers licensed in Vietnam
  • Certain categories under international treaties

Eligibility Requirements

For the foreign employee

  1. Age: At least 18 years old
  2. Health: Medical certificate from an approved Vietnamese hospital
  3. No criminal record: Police clearance from home country or country of residence
  4. Qualifications: One of the following:
  • Manager/Executive: Proof of management experience
  • Expert: University degree + 3 years relevant experience
  • Technical worker: Certificate + years of training/experience

For the employer

  1. Must have a legitimate business operation in Vietnam
  2. Must demonstrate the need for foreign labor (local recruitment efforts)
  3. Must submit a foreign labor utilization report

Application Process

Step 1: Foreign Labor Report (30 days before hiring)

  • Submit to provincial DOLISA (Department of Labor)
  • Report the position, qualifications required, and why a local cannot fill it
  • DOLISA approves or requests local recruitment first

Step 2: Gather Required Documents

From the employee's home country:

  • Criminal background check (apostilled/legalized)
  • Degree certificates (apostilled/legalized)
  • Employment history verification

In Vietnam:

  • Health certificate from approved hospital
  • Passport copy (notarized)
  • Photos (4x6 color, white background)

From the employer:

  • Business registration certificate
  • Foreign labor report approval
  • Employment contract or appointment letter

Step 3: Submit Work Permit Application

  • Submit to provincial DOLISA
  • Processing time: 5 working days (after complete submission)
  • Work permit valid for up to 2 years

Step 4: Receive Work Permit

  • Collect from DOLISA
  • Employee must carry the work permit during work

Renewal Process

  • Apply at least 5 days before expiry
  • Same documents required (updated)
  • Processing: 5 working days
  • Maximum renewal: same position and employer

Common Pitfalls

  1. Document legalization delays: Start apostille/legalization process 2-3 months early
  2. Health certificate validity: Only 12 months — time the medical exam carefully
  3. Criminal record clearance: Some countries take 6-8 weeks to issue
  4. Degree authentication: Some positions require degree in relevant field
  5. Late applications: Working without a valid permit = significant fines

Penalties for Non-Compliance

For the employer

  • Fine: 50-75 million VND per foreign worker without work permit
  • Deportation of the foreign worker at employer's expense
  • Possible revocation of business license

For the employee

  • Fine: 15-25 million VND
  • Deportation
  • Entry ban (possible)

Practical Recommendations

  1. Start the process early — minimum 3 months before intended start date
  2. Use experienced immigration counsel — document requirements change frequently
  3. Keep copies of everything — original documents may be required at multiple stages
  4. Calendar renewal dates — expired work permits cannot be "extended"
  5. Notify DOLISA of changes — position changes require a new work permit

Conclusion

Work permit compliance in Vietnam protects both the employer and the foreign employee. The relatively straightforward process becomes complex only when documentation is incomplete or deadlines are missed.

Contact Attorney Vo Thien Hien at Apolo Lawyers for work permit and immigration advisory services.