Vietnam’s growing economy presents abundant opportunities for foreign professionals and businesses. However, entering the market requires navigating the complexities of work permits and visas. The introduction of Decree No. 70/2023/ND-CP has simplified the immigration process, making it easier for foreign investors and businesses to establish a presence.
With a rising demand for specialized skills in key sectors, and a welcoming environment for expatriates, Vietnam stands out as a prime destination for talent and investment. Foreign investment continues to flow into the country, fueling economic growth and offering a rich cultural exchange.
To assist with the process, The Nest Asia provides expert Work Permit Services in Vietnam, offering tailored solutions for a smooth transition. This guide outlines the requirements, procedures, and conditions for obtaining a work permit in Vietnam.
What is a Work Permit in Vietnam?
In Vietnam, a work permit is a crucial document for foreign employees, issued by the Department of Labor, Invalids, and Social Affairs. It is required for individuals who meet the criteria outlined in Labor Code No. 45/2019/QH14 and Decree No. 152/2020/ND-CP, enabling them to work legally in the country. The permit serves as proof of legitimate employment, protecting the rights and interests of foreign workers. It’s important to note that foreign employees cannot apply for a work permit independently; they must obtain it through their employer or an authorized service center in Vietnam.
Conditions for Foreign Workers Working in Vietnam
According to Article 151.1 of the Labor Code 2019, foreign workers in Vietnam must fulfill the following conditions:
- Be at least 18 years old and possess full mental and physical capacity.
- Hold the necessary technical, professional, or occupational qualifications, experience, and appropriate health conditions as defined by the Minister of Health.
- Not serving a sentence, having an unresolved criminal record, or being under criminal prosecution under either Vietnamese or foreign law.
- Possess a valid work permit issued by an authorized state management agency of Vietnam, unless exempted under Article 154 of the Code.
Foreign workers are required to adhere to these conditions and the Labor Code of Vietnam. They are entitled to protection under Vietnamese law, unless international treaties, to which Vietnam is a signatory, provide otherwise.
Who is Eligible for a Work Permit in Vietnam?
Foreign nationals seeking employment in Vietnam must obtain a work permit to ensure their legal working status. According to Decree No. 152/2020/ND-CP, the following categories of foreign workers are eligible to apply for a work permit:
- Individuals entering Vietnam to execute labor contracts
- Employees involved in intra-company transfers
- Workers performing tasks related to business and professional services
- Foreign employees working for licensed foreign non-governmental or international organizations
- Managers, executives, experts, technicians, or individuals involved in executing bids and projects
Entities Authorized to Sponsor Work Permits
- Enterprises established under Vietnam’s Enterprise Law or Investment Law
- Contractors performing contractual obligations
- Representative offices
- Organizations licensed by competent authorities, as well as state and political bodies
The Ministry of Labour, Invalids, and Social Affairs (MOLISA) is responsible for issuing work permits for foreigners planning to work in Vietnam for more than three months. Exceptions exist, such as for co-owners of limited liability companies or board members of joint-stock companies, but these applicants must apply on a case-by-case basis.
Requirements for Obtaining a Work Permit in Vietnam
Foreign employees seeking a work permit in Vietnam must meet the following criteria:
- Full Legal Capacity: The individual must have legal capacity as required by law.
- Suitable Health Conditions: The candidate must meet the health requirements necessary to perform the job.
- No Criminal Record: They must not have any criminal record or ongoing legal proceedings under Vietnamese or foreign law.
- Valid Work Status: The foreign employee must hold a managerial, expert, technician, or operational role and provide documentation confirming their eligibility according to Article 3 of Decree No. 152/2020/ND-CP.
Work Permit Application Procedures in Vietnam
To hire a foreign employee in Vietnam, employers must follow these steps:
Step 1: Apply for Approval to Hire Foreign Employees
- Timeline: At least 30 days before the start date.
- Procedure: Submit a request for approval to the Ministry of Labor or local authorities.
- Documents: Explanation form for hiring foreign employees (Circular No. 40/2016/TT-BLDTBXH).
- Response: Approval within 12 days, or a notice if corrections are needed.
Step 2: Submit Original Documents
- Procedure: After email approval, submit or mail the original documents to the authorities.
- Response: Original approval returned within 8 hours.
Step 3: Apply for a Work Permit
- Timeline: At least 15 days before employment starts.
- Procedure: Apply to the Ministry of Labor or the local Department of Labor.
- Documents: Application form, health check, police check, passport copy, and eligibility proof.
- Response: Work permit issued within 5 working days.
Step 4: Receive the Work Permit
- Outcome: Work permit issued in Form 12/PLI as per Decree No. 152/2020/ND-CP.
- Refusal: In case of refusal, the Ministry will provide a written explanation.
Processing Duration and Costs for Vietnam Work Permits
The process and fees for obtaining a work permit in Vietnam vary by location. Employers should begin the application at least 30 days before the foreign worker’s start date. After submitting all required documents, MoLISA usually takes about 15 business days to approve the hire.
Once approved, the work permit is typically issued within 5 more business days, with the entire process taking around 20 working days. The permit is valid for up to two years and can be extended once. If the company closes or the contract is terminated, the work permit may be revoked.
Vietnam Work Visa vs Work Permit: A Comparison Table
Updates: Key Highlights from Decree No. 70/2023/ND-CP
In Vietnam, employers must sponsor all foreign workers who will be based in a Vietnamese branch, subsidiary, or representative office. Starting January 2024, employers are required to assess the foreign workers’ needs 15 days before the intended start date, and post job vacancies for foreign worker roles on the Department of Employment’s portal at least 15 days in advance.
The work permit application process includes several steps for both employers and employees:
- Obtain a pre-approval letter.
- Complete a work permit application through The Nest Asia.
- Declare temporary residence status.
- The Nest Asia assists with preparing all required documents for submission to the Department of Labor in Vietnam.
Here are some key updates from Decree No. 70/2023/ND-CP:
- Management Authority: The Ministry of Labor, Invalids, and Social Affairs, specifically the Department of Employment and the Department of Labor, Invalids, and Social Affairs, manages foreign workers. The latter ensures compliance with regulations and optimizes workforce efficiency.
- Reissue of Work Permit: The process now includes situations like loss, damage, or changes in name, nationality, passport details, work location, or business name (without altering the code). The new regulations also simplify the reissue process by removing the need for proof of necessity for foreign workers.
- Renewal of Work Permit: The new decree updates the requirement for submitting documents for work permit renewals. It replaces the previous “Certified Copy of Passport” with “Certified Copy of Passport or Copy of Passport with Employer Confirmation.”
- Mandatory Reporting for Non-Exempt Cases: Foreigners married to Vietnamese citizens and residing in Vietnam are exempt from work permit confirmation procedures. However, mandatory reporting is required if an exemption is not applicable.
Need help with your Work Permit in Vietnam? Contact The Nest Asia’s Work Permit Service now!
About Us
The Nest Asia is a one-stop resource offering comprehensive information, practical relocation advice, cultural insights, valuable connections, and trusted services to help expatriates living in Vietnam navigate the transition, overcome challenges, and build a fulfilling life abroad. Starting your journey in a new country can often feel overwhelming. The Nest Asia is your trusted partner – we’re here to simplify that process and ultimately make Vietnam feel like home for you and your loved ones.
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Disclaimer: The Nest Asia is not an authorized provider of official government or non-government services. The information provided is intended for general guidance only. While we strive to offer accurate and timely information, we make no representations or warranties regarding its completeness or accuracy.
