Legal basis
– Pursuant to the Labor Code No. 45/2019/QH14;
– Decree No. 219/2025/NĐ-CP dated August 7, 2025 of the Government on foreign employees working in Vietnam.
A Work Permit is a legal document that allows foreign nationals to work legally in Vietnam.
A valid Work Permit must be issued by the State management agency in charge of labor in Vietnam.
NEW REGULATIONS ON THE MANAGEMENT OF FOREIGN EMPLOYEES AND ISSUANCE OF WORK PERMITS UNDER DECREE NO. 219/2025/NĐ-CP
A Work Permit has a maximum validity of two years and can be renewed or reissued once.
The validity period of a Work Permit depends on the duration of the labor contract. If the labor contract is for one year, the Work Permit should be one year; if the labor contract is for two years, the Work Permit will be two years.
In case of any changes to the information on the Work Permit such as job position, sponsoring organization, or passport number, the foreign employee is responsible for applying for a Work Permit reissuance.
At Expat Service Solutions, we help clients understand Work Permit requirements, procedures, and necessary documents. Additionally, we offer a content Work Permit service to ensure a smooth and satisfactory experience.
Foreign nationals working in Vietnam under various types including employment contracts, service providers under contractual agreements, volunteers, managers, executive directors, experts, and technical workers… are subject to Work Permit regulations.
To be eligible for a Work Permit, foreign employees must meet the following conditions:
For foreign workers who are teachers or engaged in medical practice, including direct medical examination and treatment in Vietnam, they must meet the specific legal requirements set forth by Vietnamese laws on education, training, and healthcare.
*Cases requiring job posting before applying WP: The three forms of employment specified in Clause 1, Article 2 of Decree No. 219 are required to post recruitment notices for Vietnamese workers when applying for the issuance or extension of a Work Permit.
– Under employment contracts
– Performing packages or projects in Vietnam
– Under employment contract with foreign diplomatic missions and foreign organizations in Vietnam.
Timeframe: Notification must be made at least 05 days prior to the date of application submission.
Information included in the notice: Job position (specific title and field of work); form of employment; workplace location; duration of employment; professional or technical qualifications (if any); and job description.
PROCEDURE FOR ISSUING NEW WORK PERMITS TO FOREIGN NATIONALS
1. Within 60 days and no less than 10 days prior to the date the foreign national is expected to start working, the employer shall submit an application for the issuance of work permit in person, by post, via a service provided by an enterprise or individual, or via authorized representatives to the Public Administration Service Center in the local area where the foreign employee is expected to work.
2. The local Public Administration Service Center shall forward the application in accordance with laws on administrative procedures under the single-window and Interlinked single-window mechanisms at the single-window section and National Public Service Portal to the competent authority for issuing work permit.
APPLICATION DOSSIER FOR ISSUING NEW WORK PERMITS
1. A written document from the employer reporting and explaining the demand for foreign labor and applying for the renewal of a work permit (Form No. 03, Appendix issued together with Decree No. 219/2025/NĐ-CP).
2. Medical examination report issued by a qualified medical institution (valid for 12 months from the date of the health conclusion to the date of application submission).
In cases where the Medical examination reports issued by competent foreign medical establishments may be used if Vietnam and the country or territory issuing such reports are signatory of the same mutual recognition agreements or treaties; it must be legalized (unless exempted) and translated into Vietnamese with notarization/certification.
3. Passport is still valid.
4. A criminal record certificate or a document confirming that the foreign employee is not serving a sentence, not having an unspent conviction, and is not undergoing criminal investigation, issued by a competent authority in the foreign country or in Vietnam, (within 06 months prior to the date of application submission).
5. 02 color photos (size 4 cm x 6 cm, white background, facing forward, head uncovered, and no glasses).
6. Documents proving the applicant’s status as a manager, executive director, expert, or technical worker, or a teaching certificate such as QTS or PGCEi (for teachers), duly legalized.
7. Documents related to the foreign employee.
8. Company legal documents (Business License – Authorization Letter if the signatory is not the Director, Certificate of Enterprise Registration for a Limited Liability Company with two or more members).
9. Documents authorizing staff to collect the result.
General notes:
– Documents of foreign employees issued abroad must be legalized, except in cases exempted from consular legalization under international treaties to which both the Socialist Republic of Vietnam and the relevant foreign country are parties, on the basis of reciprocity, or as otherwise provided by law.
– Documents that have been consular legalized must be translated into Vietnamese and authenticated in accordance with law. If the documents are copies, they must be authenticated against the originals before such documents are translated to Vietnamese and such translation is authenticated in accordance with law.
– If the foreign employee has already worked in Vietnam, the work permit or confirmation of exemption from work permit requirement previously granted may be used instead of documents proving years of experience in the relevant field for the intended position in Vietnam.
Ensure that your full name on your degree, experience certificate, teaching qualification (PGCE/QTS), criminal record certificate, and medical certificate matches the full name in your current passport. If there are any discrepancies, a legalized name affirmation will be required.
Timeframe to obtain a new Work Permit: approximately 15–20 working days from the start date, including:
SOME NOTES WHEN FILLING OUT INFORMATION IN FORM NO. 3 – DECREE NO. 219
At least 05 days prior to the date of application submission, the employer must have announced the recruitment of Vietnamese employees in accordance with Clause 1, Article 11 of the Labor Code for the positions intended to be filled by foreign employees.
The recruitment notice must include the following basic information: (attached recruitment notice).
Job position (specific title and field of work); form of employment; workplace location; duration of employment; professional or technical qualifications (if any): Provide complete information and attach the recruitment notice (including the announcement, recruitment result, and screenshot of the website where the job was posted) to prove that no Vietnamese worker was recruited for the position.
In the case of applying for a new Work Permit: all information must be fully provided:
Training background: Specify the training process (if any), including the name of the educational institution, training period, and professional qualifications (degrees, certificates).
Work experience: Provide detailed information on work experience relevant to the position the foreign employee is expected to hold in Vietnam, including the employer’s name, period of employment, job position, and specific field of work.
GUIDELINES FOR SELECTING LEVEL 1 CODE AND LEVEL 3 CODE
Level 1 code: Main business/operational field
To facilitate the identification of the Level 1 economic sector code, the entity should find the Level 4 economic sector name corresponding to its main business activity.
Main business/operational field: Level 1 code – Name of the Level 1 sector according to Decision No. 27/2018/QĐ-TTg or Decision No. 36/2025/QĐ-TTg effective from 15/11/2025.
The sector name must correspond to that stated in the entity’s Business Registration Certificate.
In addition, to ensure accuracy, the entity should refer to Appendix II issued together with Decision No. 27/2018/QĐ-TTg or Decision No. 36/2025/QĐ-TTg effective from 15/11/2025.
Level 3 code: Field of work
How to fill in:
Field of work: Job title as specified in Decision No. 34/2020/QĐ-TTg – Level 3 code – Job title to be performed at the entity.
To determine the specific job title under the Level 3 code, the entity should refer to Appendix II issued together with Decision No. 34/2020/QĐ-TTg.
* WORK PERMIT ISSUANCE PROCEDURE: (Applicable to cases where a Work Permit has been issued under Article 20 of Decree No. 219/2025/NĐ-CP)
Case 1: If a foreign employee who has an unexpired work permit wishes to work for another employer for in the same work position and field.
The application dossier includes:
1. Confirmation from the foreign employer stating that the foreign employee is currently employed;
2. Document from the employer requesting the issuance of a work permit (Form No. 03).
3. Passport is still valid.
4. 02 color photos (size 4 cm x 6 cm, white background, facing forward, head uncovered, and no glasses).
5. A copy of the previously issued work permit.
6. Documents proving the position of manager or executive director (if applicable).
Case 2: The foreign employee who has been granted a valid work permit wishes to change the job position or form of employment stated in the Work Permit without changing the employer.
The application dossier includes:
1. Request letter for the issuance of a work permit (Form No. 03).
2. Passport is still valid.
3. 02 color photos (size 4 cm x 6 cm, white background, facing forward, head uncovered, and no glasses).
4. Documents proving the job position (Article 19 of Decree No. 219/2025/ND-CP) – applicable in case of position change.
5. Documents proving the form of employment (Clause 6, Article 18 of Decree No. 219/2025/ND-CP) – applicable in case of change in employment form.
6. A copy of the previously issued work permit.
Case 3: The foreign employee whose work permit has already been renewal once wishes to continue working in the same job position and field of work.
The application dossier includes:
1. Request letter for the issuance of a work permit (Form No. 03).
2. Medical examination report (as stipulated in Clause 2, Article 18 of Decree No. 219/2025/ND-CP).
3. Passport is still valid.
4. 02 color photos (size 4 cm x 6 cm, white background, facing forward, head uncovered, and no glasses).
5. Documents proving the form of employment (Clause 6, Article 18 of Decree No. 219/2025/ND-CP).
6. A copy of the previously issued work permit.
7. Documents proving the position of manager or executive director (if applicable).
Job positions of foreign nationals working in Vietnam
1/ Manager – note the standards and conditions stipulated in the Law on Enterprises for General Directors, Directors, and Members of the Board of Directors:
– General Director, Director: must possess professional qualifications, experience in business administration of the company, and other conditions as specified in the company’s Charter:
+ Limited liability company with two or more members: at Clause 2, Article 64 of the Law on Enterprises;
+ Single-member limited liability company: at Point b, Clause 3, Article 82 of the Law on Enterprises;
+ For Joint Stock Companies (public companies): Point c, Clause 5, Article 162 of the Law on Enterprises.
– Member of the Board of Directors: must possess professional qualifications and experience in business administration or in the company’s field or line of business, and is not required to be a shareholder of the company unless otherwise stipulated in the company’s Charter.
+ Joint Stock Company: as stipulated in Point b, Clause 1, Article 155 of the Law on Enterprises.
When submitting the application for a work permit, it is not required to provide academic diplomas to prove professional qualifications.
2/ Chief Executive Officers (CEOs) that fall under one of the following cases:
(1) The head of a branch, representative office, or business location of an enterprise;
(2) The head who directly manages a specific field of an agency, organization, or enterprise and has at least 3 years of experience in the field suitable for the intended position for foreign employee (new).
(When preparing the application, a certificate of at least 3 years of work experience corresponding to the job titles is required.)
3/ Experts that fall under one of the following cases:
(1) Hold a bachelor’s degree or higher (or equivalent) and have at least 2 years of relevant working experience suitable for the intended position for foreign employee;
(2) Hold a university degree or higher in the relevant field of training and have at least one year of experience suitable for the job position that the foreign employee is expected to undertake in Vietnam, applicable to experts working in the fields of finance, science, technology, innovation, national digital transformation, or other socio-economic priority sectors as determined by ministries, ministerial-level agencies, provincial People’s Comittees, or under cooperation agreements of the Government of Vietnam.
4/ Technical workers that fall under one of the following cases:
(1) Have at least 1 year of training and at least 2 years of relevant working experience suitable for the intended position for the foreign worker;
(2) Have at least 3 years of relevant working experience suitable for the intended position for the foreign worker.
Note: If the work experience certificate provided only meets the minimum requirement (at least 2 or 3 years), the employer must ensure compliance with Clause 1, Article 152 of the Labor Code, which states that “foreign workers may only be recruited for managerial, executive, expert, or technical positions for which Vietnamese workers are not yet able to meet the requirements of the enterprise’s production and business needs.
REGULATIONS ON E-TRANSACTIONS FOR THE ISSUANCE OF NEW WORK PERMITS
Submit online
– Employers shall submit applications for issuance, reissuance, or renewal of work permits and confirmations of exemption from work permit requirement for foreign employees online via the National Public Service Portal.
– Procedures for applying for a Work Permit together with a request for a Judicial Record Certificate through the online system:
(1) The employer shall submit an application for issuance of work permits attached with an application for issuance of a criminal record certificate via the National Public Service Portal.
(2) The National Public Service Portal shall forward the applications under point a of this Clause to the competent authority for issuing the work permit and the competent police authority for issuing the criminal record certificate.
(3) The police authority shall review and accept the application if it is adequate, or request supplementation or amendments if it is inadequate. or return it if it is invalid. The electronic criminal record certificate issued shall be sent to the competent authority issuing the work permit.
(4) The competent authority issuing the work permit shall appraise the application and issue a work permit and send it together with the electronic criminal record certificate to the employer.
(5) The total time limit for issuance of criminal record certificate and work permit shall be the sum of the time limits for issuing such certificate and permit.
SOME NOTES WHEN SUBMITTING ONLINE APPLICATIONS AND MANAGING FOREIGN NATIONALS
Applications submitted online:
– Hard copies are not required. Electronic files must be scanned clearly and straight, without cropping, pasting images, or adding signatures or seals of the legal representative.
– 02 color photos (size 4 cm x 6 cm, white background, facing forward, head uncovered, and no glasses): submit as image files in *.jpeg, *.jpg, or *.png format. Applicants should wear formal attire when taking the photo.
– Medical examination reports issued by competent foreign medical establishments may be used if Vietnam and the country or territory issuing such reports are signatory of the same mutual recognition agreements or treaties.
– In cases where an authorized person submits the application or collects the result on behalf of another: an authorization letter from the authorizing party (the employer, as stipulated in Point c, Clause 2, Article 6 of Decree No. 118) must be provided.
– Provide electronic files scanned from the original documents.
– Before scanning, remove any staples and scan each page neatly and in order.
Provide a photo file of the foreign employee in one of the following formats: *.jpeg, *.jpg, *.png.
Competent authorities for receiving and processing applications related to foreign nationals:
If a foreigner is employed in Vietnam without a Work Permit, they will be subject to penalties. Likewise, employers employing foreign workers without a valid Work Permit will also face fines.
Our Expat Service Solutions company offer content and professional Work Permit services for foreign employees. If you need assistance, please contact us at 0902 932 338.
For Foreign employees: According to Clause 3, Article 31 of Decree 28/2020/ND-CP, foreign workers without a valid Work Permit will be subject to the following penalties:
Article 31. Violations against regulations regarding foreign workers in Vietnam ……
3. Fines ranging from VND 15,000,000 to VND 25,000,000 shall be imposed on any foreign worker in Vietnam that commits one of the following violations:
a) Accepting job offers without holding Work Permits or without written confirmations of their exemption from Work Permit requirements as required by law;
b) Using Work Permits or written confirmations of their exemption from Work Permit requirements that have already become null and void.
According to Clause 4, Article 31 of Decree 28/2020/ND-CP, employers hiring foreign employees without a valid Work Permit will be subject to the following fines:
Article 31. Violations against regulations regarding foreign workers in Vietnam ……
4. Fines shall be imposed on any employer that employs foreign workers to work in Vietnam without Work Permits or written confirmations of their exemption from Work Permit requirements, or employs foreign workers holding expired Work Permits or written confirmations of exemption from Work Permit requirements already null or void at one of the following rates:
a) Fines ranging from VND 30,000,000 to VND 45,000,000 to be imposed if the violation involves 01 – 10 workers;
b) Fines ranging from VND 45,000,000 to VND 60,000,000 to be imposed if the violation involves 11 – 20 workers;
c) Fines ranging from VND 60,000,000 to VND 75,000,000 to be imposed if the violation involves 21 or more workers.
According to Clause 5 of this Article 31 of Decree 28/2020/ND-CP:
5. Supplemental penalties
Deporting any foreign worker without Work Permits or written confirmations of exemption from Work Permit requirements that commits the violations specified in clause 3 of this Article while working in Vietnam.
As we have presented above, the process of applying for a Work Permit is quite complicated due to the following reasons:
Scope of services by Expat Service Solutions
By using the services of Expat Service Solutions, you will obtain a legally compliant Work Permit for your foreign employees at your company or school, ensuring they can work without concerns about lacking proper documentation.
Contact us directly for tailored support:
Tel: 0903 232 581 (Ms. Thao)
Email: Ms. Thao, thao.le@expatss.com Web: https://expatss.com
Thank you very much!
It is an honor to serve you.
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The images used on this page are for illustrative purposes only.
Expat Service Solutions Co., Ltd. is a company specializing in providing comprehensive administrative office services, specifically: processing Work Permit, Visa, and Temporary Residence Card applications for foreign nationals on a fee or contract basis. Our company has no affiliation or partnership with any government agencies responsible for issuing Work Permits, Visas, or Temporary Residence Cards.
You have the option to apply for Work Permits, Visas, and Temporary Residence Cards directly at the relevant government authorities at a lower cost, in accordance with the current laws of Vietnam.
References
Labor Code No. 45/2019/QH14, issued by the Government on November 20, 2019, effective from January 1, 2021.
Circular No. 23/2017/TT-BLĐTBXH, issued on August 15, 2017, by the Ministry of Labor, Invalids, and Social Affairs, providing guidance on the issuance of Work Permits for foreign workers in Vietnam via electronic systems.
Circular No. 35/2016/TT-BCT, outlining cases where foreign workers are exempt from Work Permit requirements.
List No. 143/KCB-PHCN&GĐ, issued by the Ministry of Health on February 5, 2015, updating and supplementing the list of hospitals and clinics authorized to conduct health examinations for foreign workers applying for Work Permits.
Decree 28/2020/ND-CP.
Degree No. 219/2025/NĐ-CP.
Decision No. 34/2020/QĐ-TTg.
Decision No. 27/2018/QĐ-TTg or Decision No. 36/2025/QĐ-TTg effective from 15/11/2025.
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