To be able to work in Vietnam, foreign nationals must obtain a work permit granted by competent State authorities.
Foreign nationals being managers, chief executive officers, experts, or technicians. Specifically:
18 years of age with full civil act capacity.
Being physically fit as required by the expected job.
Being neither criminally convicted nor examined for penal liability according to Vietnamese and foreign laws.
Being approved in writing by the Chairman of a provincial or municipal-level People’s Committee.
Article 3 and 9 of Decree No. 11/2016//ND-CP
Foreign citizens being:
Notice: Foreign nationals in the aforementioned cases must apply for a Certification of eligibility for work permit exemption, issued by the Department of Labor, War Invalids and Social Affairs.
Contents of a dossier of request for certification of eligibility for work permit exemption:
Article 172 of the 2012 Labor Code and Article 8 of Decree No. 11/2016/ND-CP
Sample of Work permit issued by the Department of Labor, War Invalids and Social Affairs.
For foreign employees working in industrial parks, export processing zones, economic zones and hi-tech parks:
Article 7 of Circular No. 32/2014/TT-BLDTBXH
For full contents of an application dossier for work permit, read here (Vietnamese).
Should investors wish to be assisted by PLF in applying for work permits quickly with minimal errors, please provide us with the following:
This judicial record must be issued within 6 months prior to the date of dossier submission.
A citizen identification card or a passport and a permanent residence certificate are required to obtain a judicial record in Vietnam.
In case of work permit related inquiries, please contact:
PLF LAW FIRM
12th Floor, Ruby Tower, 81-85 Ham Nghi Street, District 1, Ho Chi Minh City, Vietnam.
Tel: +8428 3821 2161
8AM - 5.30PM (UTC+7)
Monday - Friday
The validity period of a granted work permit must not exceed 2 years and equals to one of the following:
Article 11 of Decree No. 11/2016/ND-CP
When there is a decision on the withdrawal of work permit from the Department of Labor – War Invalids and Social Affairs due to its expiry, the employer is obliged to revoke the work permit and return it to the Department of Labor – War Invalids and Social Affairs.
Article 174 of the 2012 Labor Code
The work permit, though still valid, is lost or damaged, or has its contents changed. The validity period of a re-granted work permit equals the validity period of the granted work permit minus the foreign worker’s working period counted by the time of request for re-grant of the work permit.
For example: The validity of the former Work permit is 2 years (from January 1st 2016 to December 31st 2017). The time to request for re-granting the Work permit is on January 1st 2017, by which time the foreign employee would have worked for 1 year. Therefore, the validity of the re-granted Work permit will be 1 year.
The work permit remains valid for at least 5 days and not exceeding 45 days.
The validity of the re-granted Work permit will be determined in the same manner as that of the first Work permit but must not exceed 2 years.
At least 5 days before the Work permit expires, the employer shall submit a dossier of request for re-grant of a Work permit to the Department of Labor, War Invalids and Social Affairs that previously granted such permit.
Processing time: 3 working days.
Clause 1 Article 13 and Article 15 Decree No. 11/2016/ND-CP
Foreign employees having been issued the Work Permit that still remains valid are employed by another employer with the same position/title recorded in the current Work Permit.
Foreign employees having been issued the Work Permit that still remains valid work in another position/under another title than which recorded in the current Work Permit, but the employer thereof remains unchanged.
Foreign laborers having been issued the Work Permit which expires demand to continue working in the same position/under the same title recorded in the current Work Permit.
Clause 8, Article 10 of the Decree No. 11/2016/ND-CP
Fees for granting Work permits to foreign citizens working in Vietnam are stipulated by the provincial-level People’s Council. Consequently, these fees might vary in different provinces and municipalities.
In Ho Chi Minh City:
In Ca Mau province:
Article 3 of Circular No. 250/2016/TT-BTC
Penalties when foreign nationals working without a permit
Foreign citizens working in Vietnam without a work permit shall be deported from Vietnam.
Employers hiring foreign citizens without work permits shall face administrative fines of ~USD1,300 to ~USD3,260.
Article 171 of the 2012 Labor Code