VIETNAM WORK PERMIT CONDITIONS – WHAT YOU NEED TO KNOW

Issued to foreigners with business purposes who want to work for more than 90 days in Vietnam. Foreign workers working in Vietnam for more than 3 months without a Work Permit or Work Permit Exemption Certificate according to Decree 70/2023/ND-CP of the Vietnamese Government will be deported from Vietnam. Organizations and individuals that register to use foreign workers will be subject to administrative penalties. This is also the basic document for foreigners to apply for a Temporary Residence Card in Vietnam.

- The local Department of Labor, Invalids and Social Affairs where the company employing the foreigner;

- Management of Industrial zones or Export processing zones if foreigner’s company operates in a Vietnamese industrial zone/ export processing zone.

- 2 years at maximum.

- If foreigners wish to continue their work at the current Vietnamese company longer than 2 years, they need to have their Vietnam Work Permit extended by their employers. However, according to the newly amended Vietnam Labour Code, all Work Permit can only be extended one time with the term of 2 years. This means that the maximum validity of Work Permit including extension is 4 years. If the foreigners intend to work for longer period than this, they must register for a new Work Permit. 

- For those who are eligible for a Work Permit Exemption Certificate, similar to the Work Permit, this certificate is valid for 2 years maximum. But the exemption certificate is not allowed to extend so applicants must register for a new one when the two-year term ends.

1. The employers of foreign labor in Vietnam must be a legal entity operating under the provision of Vietnam laws, the entities could be a limited-liability company; Joint-stock company; Representative office; or Business cooperation contractor (“BCC”) and BCC must be a cooperation agreement between foreign investors and at least one Vietnamese partner in order to carry out specific business activities;

2. The employers of foreign labor guarantee and take full responsibility for the documentation related to obtaining a work permit, a certificate of work permit exemption Vietnam;

3. The employers of foreign labor submit a form of explanation of foreign labor usage plan and get the written position approval on the need of using foreign workers from the provincial Department of Labor, Invalids and Social Affairs;

4. A signed labour contract between the foreign labor and the employer must be submitted to the provincial Department of Labour, Invalids and Social Affairs within 05 working days upon the date of signing the labor contract.

1. The applicant can only work within the scope of work mentioned in the work permits or work permit exemption certificates issued by the Vietnamese authorities;

2. The applicant has capacity for civil acts fully in accordance with the laws of Vietnam;

3. The applicant has good health fit with the job requirements in Vietnam;

4. The applicant is a manager, executive director, expert or technician;

5. The applicant is Not offenders or being prosecuted for criminal liability in accordance with the laws of Vietnam and foreign laws by providing a valid foreign police check or Vietnam criminal record issued by competent authorities;

6. The applicant has educational qualification suitable with the job requirements in Vietnam, through the qualifications they currently hold such as a college degree, university/ bachelor's degree, Master's degree, or Doctoral degree;

7. The foreign labor has a minimum of 3 years of work experience in the same position they will take up a job in Vietnam. Proof of working time, job position through a certificate of work experience or expert position certification certified by the former companies and have consular legalization in order to be used in Vietnam;

8. An appointment letter is MUST for working as internal transfer and has consular legalization as well.