Work permit in Vietnam is a mandatory requirement for foreigners to legally work in the country. This article provides detailed information on the latest requirements, documents, and procedures for obtaining a work permit, while also covering exemption cases and relevant penalties.
1/ What is a Work Permit in Vietnam?
The work permit is an official legal document issued by a competent Vietnamese authority, allowing foreign nationals to work legally in Vietnam. It is a compulsory requirement for most foreigners employed in the country.
The work permit in Vietnam is issued by the Ministry of Home Affairs (MOHA) or Department of Home Affairs at the provincial or municipal level. The permit contains key details such as the employee’s full name, nationality, job position, and the validity period.
2/ Why do foreigners need a work permit in Vietnam?
Holding a work permit offers several benefits and is a legal requirement:
- Compliance with Vietnamese law: This is a legal regulation. Working without a work permit is considered a violation of labor laws.
- Avoiding legal risks: Both the employee and the employer can avoid legal risks, including administrative penalties or deportation.
- Protection of legal rights: A work permit helps protect the foreign worker’s legal rights, including those related to salary, insurance, and other benefits.
The current legal documents governing work permits in Vietnam include:
- Regulations on foreign workers working in Vietnam.: Regulations on foreign workers working in Vietnam.
- Decree No. 70/2023/ND-CP: Amending and supplementing certain articles of Decree No. 152/2020/ND-CP.
3/ Eligible individuals and conditions for being granted a work permit in Vietnam
To be granted a work permit, foreigners must meet specific conditions.
Eligible individuals for a work permit:
The individuals eligible for a work permit in Vietnam are clearly defined in Article 2 of Decree No. 152/2020/ND-CP (as amended by Decree No. 70/2023/ND-CP). Specifically, these are foreigners entering Vietnam to work under the following forms:
Performing a labor contract:
- The foreign national signs a direct labor contract with a company or organization in Vietnam.
- They hold positions such as expert, technician, manager, or executive director.
Intra-corporate transferee
- The foreign worker has been employed by the overseas parent company for at least 12 months.
- They are transferred to work at a branch or representative office of the same group/company in Vietnam.
Executing contracts or agreements between Vietnamese enterprises and foreign organizations
These may involve fields such as economics, trade, finance, banking, insurance, science and technology, culture, sports, education, healthcare, etc.
Contract-based service provider
The foreigner comes to Vietnam to fulfill obligations under a service contract signed between a foreign entity and a Vietnamese one. They do not have a commercial presence in Vietnam.
Service sales representative
The foreigner visits Vietnam to negotiate or introduce services to Vietnamese businesses but does not directly deliver the services.
Foreign volunteer
They must have an assignment letter from a licensed non-governmental or international organization operating in Vietnam.
Person responsible for establishing a commercial presence
They represent a foreign organization in setting up a representative office in Vietnam.
Other cases
As defined by regulations or international agreements to which Vietnam is a signatory (e.g., WTO, CPTPP commitments).
General conditions for work permit Viet Nam:
Foreign workers must meet the following general conditions to be have work permit in Vietnam:
- Possess full civil act capacity.
- Be in good health suitable for the job. A valid health certificate is required.
- Be a manager, executive director, expert, or technical worker.
- Not have a criminal record or be under criminal prosecution.
- Obtain a written approval for the job position using a foreign worker. This document must be issued by a competent authority.
Specific requirements for each category
Each category has specific requirements in terms of qualifications and experience:
- Expert: Must hold a university degree or equivalent, and have at least 3 years of relevant work experience.
- Technical worker: Must have received at least 1 year of specialized training and have at least 3 years of experience in the trained field.
- Manager or executive director: Must have managerial experience. Supporting documents such as appointment decisions are required.
- Intra-corporate transferees: Must be assigned by the foreign enterprise. An appointment decision and proof of experience with the parent company are required.
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4/ Application dossier for a new work permit in Vietnam
Preparing a complete and accurate dossier is crucial. Required documents include:
- Application form for a work permit (Form No. 11/PLI). Mẫu số 11/PLI.
- Health certificate valid for 12 months.
- Criminal record certificate issued within the last 6 months.
- Certificates, diplomas, or professional qualification documents.
- Document confirming work experience or a previous work permit.
- Two 4×6 cm photos with white background, taken within the last 6 months.
- Approval letter for the need to employ foreign workers.
- Certified copy of a valid passport.
- Additional documents depending on the specific case (e.g., contract, assignment letter, etc.).
- Foreign documents must be consular legalized and notarized translated.
5/ VIETNAM WORK PERMIT PROCESS
The process for obtaining a work permit includes the following steps:
Step 1: Submit the application for a work permit in Vietnam
Submission deadline: At least 15 days before the foreign worker is expected to start working in Vietnam.
Receiving authority:
- Ministry of Home Affairs (for cases under its jurisdiction),
- Or Department of Home Affairs, where the foreigner is expected to work.
Applicants:
- Employer: Applies to foreign workers working under labor contracts, intra-corporate transfers, execution of agreements, service providers, service sellers, or other applicable cases.
- Vietnamese or foreign entities operating in Vietnam: Applies when foreign workers are working under specific contracts or agreements.
- Foreign worker: Applies to those entering Vietnam to offer services or to establish a commercial presence.
Step 2: Wait for the work permit issuance
- Processing time: Within 5 working days from the date of receiving a complete and valid application.
- Issuing authority: Ministry/ Department of Home Affairs where the foreigner will work.
- Result: If the application is valid and eligible, the foreign worker will be granted a work permit using Form No. 12/PLI – Appendix I of the Decree. của Nghị định.
If not granted: The competent authority will issue a written response stating the reason for rejection.
Step 3: Sign and submit the labor contract (applies to certain cases)
Applicable to: Foreign workers working under labor contracts.
Requirement: After the foreign worker is issued a work permit, the employer and the worker must sign a written labor contract in accordance with Vietnamese labor law. This must be done before the worker’s official start date.
Employer’s obligation: The signed labor contract (original or certified copy) must be submitted to the authority that issued the work permit.
6/ Work Permit Fee in Vietnam
The fee for obtaining a work permit is generally regulated by the Ministry of Finance. According to Circular No. 250/2016/TT-BTC, the fee for a new work permit is 400,000 VND per permit. However, this amount may vary slightly across provinces depending on local People’s Council regulations.
Work Permit Validity: : The maximum validity period of a work permit is 2 years.
7/ Exemptions from Work Permit Requirement
In certain cases, foreigners working in Vietnam are not required to obtain a work permit:
- Being the owner or capital-contributing member of a company with contributed capital of at least VND 3 billion.
- Being a member of the Board of Directors of a joint-stock company with contributed capital of at least VND 3 billion.
- Entering Vietnam for work for less than 30 days and no more than 3 times per year.
- Performing duties under international agreements to which Vietnam is a signatory.
- Other cases as specified in Article 7 of Decree No. 152/2020/ND-CP (as amended by Decree No. 70/2023/ND-CP).
You can find more detailed information on exemption work permit on the official Government Portal or in this article.
8/ Penalty for without work permit in Viet Nam:
Violations of work permit regulations are strictly penalized.
In case of working without a permit (penalty for without work permit in Viet Nam)
- Foreign worker: May be fined from VND 15,000,000 to VND 25,000,000 and may be subject to deportation.
- Employing enterprise: May be fined from VND 30,000,000 to VND 75,000,000 depending on the number of violating workers.
- Administrative penalties: Detailed in Decree No. 12/2022/ND-CP on administrative sanctions in labor and social insurance. More information can be found at the Ministry of Home Affairs website: https://moha.gov.vn/
- Other sanctions: : In addition to fines, workers may be deported and employers may face suspension of business activities.
9/ Conclusion
Applying for a work permit in Vietnam is a crucial legal procedure. It requires careful preparation and strict compliance with the regulations. To ensure a smooth process, you should:
- Prepare your application documents thoroughly and completely.
- Seek professional assistance if you are not familiar with the procedures.
- Comply with the law to avoid unnecessary legal risks.
Vina TPT proudly offers full-package consulting and support services for obtaining work permits in Vietnam for foreigners. We assist clients with document preparation, application submission, and process follow-up.
Our service saves you time and effort, ensuring the process is completed quickly and accurately.
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