Work Permit In Vietnam
To legally hire foreigners in Vietnam, a company must obtain a Work Permit for each employee. The Work Permit is issued by the Department of Labor in the city where the company is registered. The Work Permit application must be submitted by the sponsor company (the Employer).
In addition to a Work Permit, foreigners also need a Work Visa or Work TRC (Temporary Residence Card) to work in Vietnam. The Work Visa is issued by the Vietnamese embassy or consulate in the foreigner’s home country. The Work TRC is issued by the Department of Immigration in Vietnam.
Who Must Obtain A Work Permit In Vietnam?
Generally, all foreigners working for an entity or organization in Vietnam are required to obtain a Work Permit. However, there are a few exceptions, such as:
Work Permit Exemption And Who Are Eligible For Exemptions:
A foreigner can be exempted from a Work Permit in Vietnam if they meet one of the following conditions:
- They are married to a Vietnamese citizen.
- They have a business investment worth more than VND 3 billion.
- They are a member of a special organization, such as a government agency or a recognized law firm.
- They are incorporating an offshore company in Vietnam.
- To obtain a Work Permit exemption, the foreigner must submit an application to the Department of Labor in the city where they will be working. The application process is relatively simple and quick, and it can be used to apply for a Work Visa or Work TRC as well.
It is important to note that even if a foreigner is exempted from a Work Permit, they may still need to obtain a visa to enter and work in Vietnam. The specific visa requirements will vary depending on the foreigner’s nationality and the purpose of their stay.
Work Permit Application Process Explained
The Work Permit application process in Vietnam is a two-step process:
- Step 1: The company applies for a permit to recruit a foreigner for a specific position. This is called the “approval of demand for employing foreigners”.
- Step 2: The company applies for a permit to recruit a specific foreigner for the approved position. This is called the “granting of a work permit”.
The timeline for each step is about 2-3 weeks, so the whole process takes about 4-6 weeks to complete. However, it can take longer in some cases, such as during a lockdown, when the Department of Labor is overloaded, or if the Department of Labor requests additional information from the company.
In the case of an offshore company, the company must first incorporate the company in Vietnam. Once the company is incorporated, it can then apply for a Work Permit for a specific foreigner.
What Are Required Documents From Work Permit Applicants
The documents required for the Work Permit application in Step 2 will depend on the category of the applicant. The Department of Labor recognizes four categories of positions:
- Director/CEO/Legal representative of a company
- Business Manager: Head of a business branch/office
- Expert (professional positions)
- High-skilled labor (those who work in a factory, warehouse, technical jobs, etc.)
The table below details the documents required from the applicants according to each job category. These requirements are based on the latest regulations of the Work Permit Decree 152, which took effect in 2021. Some of the requirements have been changed from the old law, so there may be some differences from the process in previous years.
| Applicant position category | Degree (*) | Proof of experience (**) | Health check certificate | Criminal Record |
| Director/CEO/Legal representative of a company | No | No | Yes From a designated hospital/clinic for WP in VN | Yes In Vietnam (original copy) or from overseas (legalized copy) |
| Business Manager: Head of a business branch/office | No | No | Yes From a designated hospital/clinic for WP in VN | Yes In Vietnam (original copy) or from overseas (legalized copy) |
| Expert | Yes Must be a University degree or above (legalized) | Yes Must be minimum 3 years from an overseas job (legalized) | Yes From a designated hospital/clinic for or WP in VN | Yes In Vietnam (original copy) or from overseas (legalized copy) |
| High-skilled labor | Yes Must be a Diploma degree or above (legalized) | Yes Must be minimum 5 years from an overseas job (legalized) | Yes From a designated hospital/clinic for or WP in VN | Yes In Vietnam (original copy) or from overseas (legalized copy) |
(**): Proof of experience: The previous experience should match with the Job of Work Permit, no need to be exactly the same, but must show relevancy.
Document legalization is the process of having a document certified as genuine by a foreign government. This can be done at the Vietnamese embassy in the document-issuing country or at the embassy of that issuing country in Vietnam.
Work Permit Terms And Conditions
A Work Permit in Vietnam is valid for a maximum of two years. However, the validity period may vary depending on the terms of the job or the passport’s validity. If there is no change in the position, the Work Permit can be renewed or extended for a similar period after two years.
When the renewed Work Permit reaches its expiration date, the Work Permit holder must apply for a new one.
The Work Permit is a company asset. When an individual needs to apply for a visa or Temporary Residence Card (TRC), the company can issue a notarized copy of the Work Permit for the visa or TRC application, or temporarily give the Work Permit to the individual for the TRC application. After that, the Work Permit must be returned to the company.
If you need Iris International’s assistance with your Work Permit application, please contact us using this form.
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