Applying for a work permit for foreign employees in Vietnam is a complex but necessary process. Companies need to fully understand the relevant regulations, prepare complete documents, and may require professional assistance. It’s also important to stay aware of policy changes to ensure ongoing compliance. Below is a detailed application process and requirements:

Preliminary Preparation

1.Confirm Requirements

First, the company must prove that it cannot find suitable Vietnamese employees to fill the position and prepare a detailed job description and requirements. Only after meeting these conditions can they apply for a work permit for foreign employees.

2.Check Foreign Employee Qualifications

Applicants must be at least 18 years old, in good health, capable of performing the job, and have no criminal record. Additionally, applicants need to be experts, managers, technical workers, or other professionals that the Vietnamese labor market cannot supply.

3.Prepare Company Documents

Companies need to prepare copies of business licenses, company seals, legal representative identification, and other documents.

Applying for Work Permit

1.Prepare Application Documents

During the application process, companies need to prepare the following materials:

Application form (Form 1, filled in Vietnamese). Health certificate (issued by Vietnamese medical institutions, valid within the last 3 months). Criminal record certificate (issued by the applicant’s home country, valid for 6 months). Professional qualification proof, such as educational certificates (bachelor’s degree or above), work experience proof (at least 3 years of relevant work experience), professional qualification certificates (if applicable).

2 photos sized 4x6cm (white background, taken within 6 months). Passport copy, Employment needs statement from the Vietnamese company. Labor contract or letter of intent.

Note: All foreign documents must be translated into Vietnamese and notarized.

2.Submit Application

Companies need to submit the above application documents to the Labor Bureau (usually at the provincial level) and pay relevant application fees.

3.Wait for Approval

Processing time is usually 7-10 working days. Provide supplementary materials promptly if requested.

4.Collect Work Permit

After approval, pay the work permit fee and collect the work permit valid for up to 2 years (renewable).

Subsequent Steps

Sign Labor Contract: Companies must formally sign the labor contract only after obtaining the work permit.

Apply for Temporary Residence Permit: Companies need to use the work permit to apply for a temporary residence permit for foreign employees and submit the application to the Immigration Department.

Social Insurance Registration: Since 2022, Vietnam requires all foreign employees to register for social insurance.

1.Special Circumstances

In some cases, foreign employees can apply for special types of work permits, such as:

• Internal company transfers, working in Vietnam for no more than 12 months
• Entering Vietnam to work for no more than 30 days, with a cumulative total not exceeding 90 days per year
• Students interning in Vietnam

For senior managers, experts, or technical workers, additional expert certification procedures may be required.

2. Renewal and Changes

Work Permit Renewal: Start applying for renewal at least 30 days before the work permit expires. Documents required for renewal are similar to the initial application.

Work Permit Changes: If there are changes in work location or position, the company needs to apply for a work permit change.

3.Important Notes

Ensure all documents are authentic and valid. Providing false information may lead to serious consequences. Stay updated on policy changes, as Vietnam’s foreign personnel management policies may be adjusted. Consider hiring professional HR service companies to assist with the process, especially for first-time applications. After work permit approval, employees should carry a copy with them. Companies need to keep complete files of foreign employees for reference.

4.Common Challenges and Solutions

Document Notarization and Authentication: Foreign documents require notarization and authentication, which can be time-consuming. Prepare in advance and consider using expedited services.

Language Barriers: All documents need to be translated into Vietnamese. Consider hiring professional translation services to ensure document accuracy.

Policy Understanding: Vietnamese labor regulations are complex and may change frequently. Regularly consult legal advisors and attend relevant training.

Processing Time: The entire process may take 2-3 months. Plan ahead and consider business visas as a temporary solution.

Legal Basis

1. Vietnam Labor Code (2019 Revised Version)

The Vietnam Labor Code is the main legal framework for labor relations in Vietnam, covering various aspects such as labor contracts, working hours and rest periods, wages, safety and health, social insurance, and collective agreements. The 2019 revised version particularly emphasizes the management of foreign employees, clarifying the conditions, procedures, rights, and obligations of employing foreign employees. This law sets strict requirements for companies legally employing foreign employees in Vietnam, specifying the necessity of work permits, application procedures, and protection measures for foreign employees. Additionally, it provides provisions for dispute resolution involving foreign employees.

2.Decree No. 11/2016/ND-CP (Regulations on Foreign Workers in Vietnam)

Decree No. 11/2016/ND-CP is a detailed regulation issued by the Vietnamese government specifically addressing foreign workers in Vietnam. This decree covers the following key aspects:

• Work Permit Requirements: Specifies which types of foreigners need to apply for work permits, including positions and conditions that may be exempt from work permits.
• Application Process: Details the documents, procedures, approval agencies, and time limits for companies applying for work permits for foreign employees.
• Work Permit Validity and Renewal: Stipulates that the maximum validity of a work permit is 2 years and details the renewal procedures and required materials.
• Special Circumstances: Includes work permit application requirements for internal company transfers, short-term work, and other special situations.
• Violation Handling: Specifies penalties for companies and employees who do not comply with work permit regulations.

3.Circular No. 03/2014/TT-BLDTBXH (Detailed Implementation of Work Permits for Foreigners in Vietnam)

Circular No. 03/2014/TT-BLDTBXH is a document issued by the Ministry of Labor, War Invalids and Social Affairs of Vietnam, aimed at detailing and supplementing the implementation of Decree No. 11/2016/ND-CP. The main contents of this circular include:

• Detailed Document Requirements: Clarifies the specific types and formats of documents required when applying for work permits, such as detailed requirements for application forms, health certificates, criminal record certificates, etc.
• Translation and Notarization Requirements: Stipulates that all foreign documents must be translated into Vietnamese and certified by Vietnamese notary agencies to ensure the legality and validity of the documents.
• Approval Procedures: Further details the operational procedures for labor bureaus when processing work permit applications, including initial review, requests for supplementary materials, and final approval.
• Approval Time: Specifies the time frame for approval under normal circumstances, as well as situations where approval time may be extended under special circumstances.
• Appeal and Review Procedures: Specifies through which channels companies or employees can appeal and request a review if they are dissatisfied with the work permit approval results.

Conclusion: Understanding and complying with the relevant provisions in the Vietnam Labor Code (2019 Revised Version), Decree No. 11/2016/ND-CP, and Circular No. 03/2014/TT-BLDTBXH is crucial for companies legally employing foreign employees in Vietnam. These legal documents not only provide clear guidance for employing foreign employees but also ensure that the rights and obligations of foreign employees are fully protected in Vietnam. By correctly understanding and applying these regulations, both companies and foreign employees can legally and smoothly conduct work in Vietnam.