At present, the number of foreign nationals seeking to reside and work long-term in Vietnam is increasing. Accordingly, the procedure for obtaining a work permit to enable foreigners to lawfully work in Vietnam has become a common concern among foreign employees and employers intending to recruit them.
Vietnamese labor legislation reflects the principle of prioritizing the recruitment of Vietnamese workers. Employers may only recruit foreign nationals to positions of management, executive direction, expertise, or technical roles where Vietnamese workers have not yet met the requirements of production and business activities.
The procedure for applying for a work permit for foreign employees is as follows:
Step 1. Job Vacancy Announcement
Employers are required to publicly announce recruitment of Vietnamese workers for the positions intended to be filled by foreign workers. Such announcement shall be published on the electronic portal of the Ministry of Labour – Invalids and Social Affairs (Employment Department) or on the electronic portal of the Employment Service Center established by the Chairperson of the Provincial People’s Committee. The posting must remain for at least 15 days prior to the anticipated date of submitting the explanatory report to the Ministry of Labour – Invalids and Social Affairs or the Department of Labour – Invalids and Social Affairs where the foreign employee is expected to work.
The job announcement must include: job title and position, job description, number of vacancies, qualification and experience requirements, salary, working hours, and workplace location.
If no suitable Vietnamese workers are recruited for the announced positions, the employer shall proceed to Step 2.
Step 2. Request for Approval of Demand for Foreign Workers
At least 15 days prior to the expected employment of a foreign national, the employer (excluding contractors) must determine its demand for employing foreign workers for positions which cannot yet be filled by Vietnamese workers. The employer must then submit a written request for approval to the Ministry of Labour – Invalids and Social Affairs or the Department of Labour – Invalids and Social Affairs in the province where the foreign worker is expected to work.
Within 10 working days from receipt of the written request, the Ministry or the Department shall issue a written response approving or refusing the employer’s request to employ foreign workers for specific positions.
Step 3. Submission of Application for Work Permit
The employer shall submit the work permit application dossier to the Ministry of Labour – Invalids and Social Affairs or the Department of Labour – Invalids and Social Affairs in the province where the foreign employee is expected to work.
Within 05 working days from the date of receiving a complete and valid application dossier, the competent authority shall issue a work permit to the foreign worker. Work permits shall be printed and issued uniformly by the Ministry of Labour – Invalids and Social Affairs. In cases where the work permit is not granted, the competent authority shall issue a written notice clearly stating the reasons for refusal.
Accordingly, the procedure for obtaining a work permit for foreign workers (excluding contractors) consists of three steps:
(i) Job vacancy announcement;
(ii) Submission of request for approval of demand for foreign workers;
(iii) Submission of work permit application to obtain approval, or submission of explanatory documents in case of rejection.
Key Notes:
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The maximum validity of a work permit is 02 years. Work permits may be extended once only, for a maximum period of 02 additional years.
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For dossiers and documents required for obtaining work permits, as well as procedures applicable to contractors, please refer to the article on Procedure for Issuance of Work Permits for Foreign Contractors in Vietnam.
Legal Grounds:
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Labour Code 2019;
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Decree No. 152/2020/ND-CP on foreign employees working in Vietnam and recruitment and management of Vietnamese workers working for foreign organizations and individuals in Vietnam;
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Decree No. 70/2023/ND-CP amending and supplementing certain provisions of Decree No. 152/2020/ND-CP dated 30 December 2020 of the Government on foreign employees working in Vietnam and recruitment and management of Vietnamese workers working for foreign organizations and individuals in Vietnam.
