Conditions and procedures for Vietnam work permit
A Work Permit (WP) is a mandatory legal document for foreigners who wish to work legally in Vietnam (with some exceptions).
A Work Permit (WP) is a mandatory legal document for foreigners who wish to work legally in Vietnam (with some exceptions). It's crucial to have a clear understanding of the regulations surrounding work permits. This guide provides detailed information on the types, process, required documents, and important notes regarding work permits for foreigners, helping you master the entire A-to-Z process.
I. Types of Work Permits for Foreigners in Vietnam
Work permits are categorized based on the employment type and duration. The main types include:
1. By Employment Type:
Labor Contract: This is the most common type, for foreigners who sign a direct labor contract with a company or organization in Vietnam.
Intra-company Transfer: For foreign employees of a foreign company with a commercial presence in Vietnam who are transferred to a local branch, representative office, or subsidiary.
Executing Contracts or Agreements: Applies to those working under economic, commercial, financial, banking, insurance, scientific, technical, cultural, sports, educational, or medical contracts, or as service providers under a contract.
Representing a Non-Governmental Organization: For foreigners working for a legally operating NGO in Vietnam.
Other Cases: Including service vendors, individuals responsible for establishing a commercial presence, and those entering Vietnam to execute projects/bids, etc.
2. By Duration (Informal Classification):
Short-term Work Permit: For cases working for less than 3 months (e.g., participating in seminars, short-term training, temporary projects). The maximum duration is 90 days.
Long-term Work Permit: For cases working for 12 months or more. The maximum duration is 2 years and can be extended once for up to another 2 years.
II. Work Permit Application Process
The process for applying for a work permit for a foreigner in Vietnam typically involves four main steps:
Step 1: Register the Need to Recruit Foreign Workers (Justification)
Timeline: At least 30 days before the expected start date of the foreign employee.
Receiving Authority: The local Department of Labor, Invalids and Social Affairs (or the Ministry of Labor for specific cases) where the foreign worker will be employed.
Documents: A written request justifying the need to use foreign labor (Form 01/PLI).
Processing Time: Within 10 working days of receiving a complete and valid application, the competent authority will issue a written approval or denial. The actual processing time may be longer (around 20-25 working days).
Step 2: Prepare the Work Permit Application Dossier
After receiving approval, the employer or the foreign employee must prepare the application dossier. The common documents include:
A written request for a work permit from the employer (Form 11/PLI).
A health certificate or medical examination certificate issued by a competent health authority in Vietnam or abroad, valid for 12 months from the date of issuance.
A criminal record check or a document confirming that the foreign employee is not currently serving a sentence, does not have an unspent conviction, or is not subject to criminal prosecution under Vietnamese or foreign law.
Documents Proving Manager, Executive Director, Expert, or Technical Worker Status:
Manager/Executive Director: Documents proving management position (appointment decision, company charter, etc.).
Expert: A university degree or equivalent with at least 3 years of relevant work experience, or at least 5 years of experience with a professional certificate relevant to the job in Vietnam.
Technical Worker: A technical training certificate or other professional training certificate of at least 1 year and at least 3 years of relevant work experience, or at least 5 years of relevant work experience.
Two color photographs (4cm x 6cm, white background, frontal view, bare-headed, no colored glasses).
A notarized copy of the valid passport.
Other relevant documents (if any).
Important Notes:
Documents issued by a foreign country must undergo consular legalization, unless exempt by an international treaty to which Vietnam is a signatory.
Documents in a foreign language must be translated into Vietnamese and notarized/certified according to Vietnamese law.
Step 3: Submit the Work Permit Application
Receiving Authority: The Ministry of Labor, Invalids and Social Affairs or the local Department of Labor, Invalids and Social Affairs where the foreign worker is expected to work.
Submission Method: In person or via the National Public Service Portal on Employment (if available).
Submission Timeline: At least 15 days before the foreign employee is scheduled to start working.
Step 4: Receive the Result
Processing Time: Within 05 working days from the date of receiving a complete and valid application.
Outcome: The competent authority will either issue the work permit or provide a written reply stating the reasons for refusal.
III. Total Timeline for a Work Permit
The total time to complete the work permit application procedure can be divided into several stages:
Justification of Labor Need: Approximately 10 working days (but can take up to 20-25 days in practice).
Document Preparation: This depends on the time required to collect, notarize, translate, and legalize documents. It can take from a few weeks to a month or more.
Application Review and Issuance: 05 working days after submitting a complete and valid application.
In total, the average time to complete the entire work permit application process in Vietnam can range from 1 to 2 months, depending on the readiness and validity of the documents. While there have been proposals to shorten the processing time, current regulations must still be followed.
IV. Important Notes for Work Permits
Conditions for Foreign Employees:
Must have full civil capacity.
Must be in good health for the job requirements.
Must be a manager, executive director, expert, or technical worker.
Must not be in the process of serving a sentence, have an unspent conviction, or be subject to criminal prosecution.
Work Permit Duration: A maximum of 2 years. After expiration, if the employee wishes to continue working, they can apply for a one-time extension of up to 2 years.
Labor Contract: After the work permit is issued, the employer and foreign employee must sign a written labor contract in accordance with Vietnamese labor law before the planned start date.
Work Permit Exemptions: Certain cases of foreign workers in Vietnam are exempt from work permits. The employer should carefully verify if their employee falls into one of these categories. If they are exempt, a confirmation document for the work permit exemption is still required.
Consular Legalization and Translation: This is a crucial and often time-consuming step. Ensure all foreign documents are consularly legalized (unless exempt) and accurately translated into Vietnamese with notarization.
Post-Work Permit Procedures: After receiving the work permit, foreign employees often need to apply for a temporary residence card to stay in Vietnam long-term.
Professional Assistance: The work permit process can be complex. Seeking help from legal consulting firms or professional services can save time and effort, ensuring the application is handled accurately and efficiently.
How Inbound Vietnam Can Assist You
Inbound Vietnam has extensive experience in handling these procedures for our clients. With our team of experienced consultants boasting over 10 years of expertise in foreign labor in Vietnam, we provide accurate, simple, and convenient information. We also offer in-depth solutions for foreign personnel management, from recruitment to demand reporting. This helps our clients optimize management costs and reduce the time spent on recruiting and managing foreign personnel in Vietnam.
Our support team is ready to serve you. You can contact us for consultation at:
Hanoi Head Office: 16 Nguyen Van Ngoc, Cong Vi Ward, Hanoi. Tel: +84987464391
Ho Chi Minh City Branch: 174, 3 Thang 2 Street, Hoa Hung Ward, Ho Chi Minh City. Tel: +84979924923
National Hotline: 19000039 (available for support during and outside business hours).
Please note: Inbound Vietnam is not a Vietnamese government issuing authority. We are a trusted partner dedicated to assisting clients throughout the entire process of preparing and submitting applications. We provide professional consultation and charge a service fee when clients choose to use our expert assistance. Service fees will be quoted specifically after Inbound Vietnam conducts a detailed assessment of your application to ensure accuracy and suitability for the complexity of each case, especially for applications with missing documents, urgent requirements, or complex natures.
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