FREQUENTLY ASKED QUESTIONS FOR VIETNAM WORK PERMIT

According to the government’s new Decree 70/2023/ND-CP amend Decree 152/2020/ND-CP on work permit for foreign expatriates in Vietnam, required documents of work permit application will depend on the applicant’s position in Vietnam. According to the new Decree, the job position will divide into 3 groups: Management, Expert and Technical Labor

How to apply a Vietnam Work permit?

To apply for a Work Permit (both new issuance or extension), foreign labor workers and their sponsoring company need to go through a procedure with 02 steps as follows:

 

► Step 1: Applying for a Job position approval letter

  • At least 15 days before the expected date of using foreign workers, the Company must submit the application to MOLISA or DOLISA, to explain the need of using foreign labor workers and why Vietnamese labor are not able to meet these requirements from the Company.
  • After 10 working days, the MOLISA or DOLISA will review and confirm the job position. If approved, they will issue a document named Job position approval letter.
  • Important note from 01 January 2024: Starting from January 1, 2024, the announcement regarding job vacancies will be made on either the website of the Employment Department of the Ministry of Labor, Invalids, and Social Affairs or on the website of the Employment Service Center.

 

► Step 2: Applying for a Work permit issuance

  • At least 15 working days before the date the foreign worker is expected to start working, the Company must apply a work permit application to the MOLISA or DOLISA
  • After 05 working days, the MOLISA or DOLISA will review and issue the work permit to the Company. In case a work permit is not issued, there will be a written response clearly stating the reason.

Do foreign spouses of Vietnamese citizens require a work permit to legally work in Vietnam?

Based on the latest regulations related to Vietnam work permits, the foreign spouses of Vietnamese citizens are no longer required to apply for a work permit. They will now be eligible for Vietnam work permit exemption, which remains valid for a maximum period of two years.

Can foreigners apply for Vietnam work permit without bachelor's degree?

Based on Decree 152 dated December 30, 2020, and Decree 70 dated September 18, 2023, foreign expatriates can apply for a Vietnam work permit without a bachelor's degree if they are fall in the following cases:

Management position: 

  • The head and deputy head of the company or organization.
  • Management cases due to Clause 24, Article 4, Laws on Enterprises including:
    + Owner of private company;
    + General partner, Chairman of the Board of Members, member of the Board of Members, Company President, Chairman of the Board of Directors, members of the Board of Directors, Director or General Director and individuals holding other management positions according to the provisions of the company's charter.

Expert position: Have at least 5 years of experience and have a practicing certificate appropriate to the job position that the foreign worker plans to work in Vietnam.

Technical labor position:

  • Be trained for at least 1 year and have at least 3 years of experience appropriate to the job position that the foreign worker plans to work in Vietnam;
  • Have at least 5 years of work experience suitable to the job position that the foreign worker plans to work in Vietnam.

What is the validity period of a work permit in Vietnam?

The initial validity period of a work permit in Vietnam is up to two years. It can be extended for a maximum of two additional years.

The foreign labor workers can extend the work permit once or twice, depending on their job position:

  • For group of manager position: can be extended once
  • For group of expert and technical worker position: can be extended twice (providing that the foreign labor workers continue working with the same job position and job title stated in their original and first extended work permit.)

Can foreigners apply for work permit without being in Vietnam?

Yes. Employers in Vietnam have the option to apply for work permits on behalf of their foreign employees while they are still outside the country. This means that foreigners do not need to come to Vietnam in person to apply for a work permit. The employer can handle the process and have the work permit ready before the employee starts working.

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