For foreign nationals intending to work in Vietnam, adherence to the prevailing legal framework is mandatory. Navigating the complexities of Decree No. 152/2020/ND-CP and the recent amendments under Decree No. 70/2023/ND-CP requires a thorough understanding of statutory requirements.
This legal guide outlines the essential conditions for Vietnam work permit issuance, the administrative procedures, and categories eligible for work permit exemption to ensure full compliance with Vietnamese labor laws.
Legal Mandate for Work Permits
Pursuant to the Labor Code 2019, foreign nationals working in Vietnam must possess a valid work permit issued by the competent state agency, except for cases explicitly eligible for exemption.
A valid work permit serves as the primary legal basis for a foreign national’s employment in Vietnam. Non-compliance results in severe legal consequences:
- Expulsion/Deportation: Foreign nationals working in Vietnam without a valid work permit shall be expelled from the territory of Vietnam.
- Administrative Penalties for Employers: Enterprises employing foreign workers without the requisite permits shall be subject to administrative sanctions as prescribed by law.
Distinction from Business Visas
It is legally imperative to distinguish between a Business Visa (DN1/DN2) and a Work Permit. A business visa authorizes entry for working sessions or contract execution but does not constitute legal authorization for direct employment or the receipt of salaries from a Vietnam-based entity for an extended duration without a work permit or a certificate of work permit exemption.
Statutory Requirements for Work Permit Issuance (2026)
The eligibility criteria for foreign workers are stringently regulated under Decree 152/2020/ND-CP and Decree 70/2023/ND-CP. Applicants must satisfy the following professional standards:
1. Experts
Under the amended regulations of Decree 70/2023/ND-CP, an “Expert” is defined as a person meeting the following criteria:
- Possessing a university degree (Bachelor’s) or higher, or an equivalent valid certificate; AND
- Having at least 3 years of work experience corresponding to the job position to be undertaken in Vietnam.
2. Technical Workers
Foreign nationals applying as “Technical Workers” must satisfy the following:
- Having undergone technical training for at least 1 year; AND
- Possessing at least 3 years of work experience corresponding to the job position to be undertaken in Vietnam.
3. Executives and Managers
Decree 70/2023/ND-CP provides specific legal definitions for Executive Directors:
- The head of a branch, representative office, or business location; OR
- A person directly managing at least one field of the agency/enterprise operations and operating under the direct authority of the head of the agency/enterprise.
4. Judicial Record and Health Certification
The application dossier must include:
- Judicial Record Card: A criminal record certificate issued within 6 months prior to the submission date, certifying that the applicant is not currently serving a sentence or facing criminal prosecution.
- Health Certificate: A certificate issued within 12 months confirming the applicant is physically fit for employment.
Administrative Procedures for Issuance
The application process follows a strict statutory timeline and procedural sequence.
Step 1: Explanation of Demand for Foreign Labor Usage
Prior to recruitment, the employer is legally required to submit a report explaining the demand for foreign labor usage to the Ministry of Labor, Invalids and Social Affairs (MOLISA) or the provincial Department of Labor, Invalids and Social Affairs (DOLISA).
- Statutory Timeline: At least 15 days prior to the foreign worker’s expected commencement date.
- Mandatory Recruitment Announcement: Effective January 1, 2024, employers must publicly announce the recruitment of Vietnamese workers for the relevant positions on the electronic information portal of the employment department (MOLISA) or the provincial employment service center for a minimum of 15 days. If no qualified Vietnamese national is recruited, the employer may proceed with the application to employ foreign labor.
Step 2: Submission of Application Dossier
Upon approval of the demand for foreign labor, the employer shall submit the complete application dossier (including application forms, health certificate, judicial record, degrees/qualifications, confirmation of experience, and photos).
- Statutory Timeline: At least 15 days prior to the commencement of employment.
Step 3: Processing and Issuance
Pursuant to Decree 70/2023/ND-CP, the processing timeline has been expedited. The competent labor authority shall issue the work permit within 5 working days from the date of receipt of a complete and valid dossier.
Cases of Work Permit Exemption
Certain categories of foreign workers are exempt from the requirement of obtaining a work permit. However, in most instances, the employer must obtain a “Confirmation of Exemption from Work Permit”.
Common exemption categories under the Labor Code and Decree 152/2020/ND-CP include:
- Capital Contributors: The owner or capital-contributing member of a Limited Liability Company (LLC) with a capital contribution value of 3 billion VND or more.
- Board of Directors: The Chairperson or a member of the Board of Directors of a Joint Stock Company with a capital contribution value of 3 billion VND or more.
- Foreign Lawyers: Individuals issued a Certificate of Practice to practice law in Vietnam.
- Spouses of Vietnamese Citizens: Foreign nationals married to Vietnamese citizens and residing within the territory of Vietnam.
- Internal Transfer: Managers, executives, experts, and technical workers of an enterprise operating in one of the 11 designated service sectors, temporarily transferred within the same enterprise.
- Heads of Representative Offices: Chiefs of representative offices of international organizations or non-governmental organizations (NGOs) in Vietnam. (Note: Chiefs of commercial representative offices of foreign enterprises generally remain subject to work permit requirements).
Legal Note: Even for exempt categories, the employer is generally required to submit a dossier requesting confirmation of such exemption to the labor authority at least 10 days prior to the commencement of work.
Summary
To ensure lawful employment and residence in Vietnam, securing a Vietnam Work Permit or a valid Confirmation of Work Permit Exemption is a prerequisite. While Decree 70/2023/ND-CP has introduced certain flexibilities regarding qualifications and experience, procedural compliance remains rigorous.
📞 Contact DHH Law Firm Today
If you have any questions or require legal assistance regarding Work Permits, please contact DHH Law Firm:
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