For international businesses and professionals looking to expand their careers in Vietnam , understanding and successfully applying for a labor permit is a critical first step. This article will give you a detailed analysis of the application process for a Vietnam labor permit, with special attention to obtaining a work permit for foreign employees. Whether you are an entrepreneur who is considering entering the Vietnam market, or a company HR who has already taken root in Vietnam, the information here will provide you with valuable process guidance. From basic concepts to applications, from frequently asked questions to practical tips, we will comprehensively analyze all aspects of Vietnam labor license application for you and help you launch your career in Vietnam. Let’s delve into this complex yet critical topic and clear the way for your trip to Vietnam!

Overview of Vietnam Licensed Labor

Vietnam is a land full of vitality and opportunities, and the labor permit system plays a decisive role. It is not only a pass for foreigners to work legally in Vietnam, but also an important policy tool for the Vietnamese government to balance the domestic job market and the introduction of international talents. With the rapid development of Vietnam’s economy and the continuous improvement of internationalization, it is important to understand and master the labor license. Institutional complexity is increasingly important. This section will provide an in-depth analysis of the legal basis, multi-faceted importance of labor licenses in Vietnam, as well as the types of dietary supplements in the licensing system, providing comprehensive and professional guidance for companies and individuals to successfully operate in Vietnam.

legal framework

Vietnam’s labor permit system is based on a complex and evolving legal system. This system consists of multi-level laws and regulations, which reflects the Vietnamese government’s emphasis on the management of foreign freight factories and its refined requirements.

The first to bear the brunt is the Labor Law (No. 45/2019/QH14), which was passed in 2019 and officially came into effect on January 1, 2021. This law is the cornerstone of labor relations management in Vietnam. Article 151 clearly stipulates the basic requirements for foreign citizens to obtain a labor permit to work in Vietnam. This provision lays the legal foundation for the entire labor permit system and also reflects Vietnam’s determination to regulate the management of foreign workers while protecting its own labor market.

This will be followed closely by the Law on Foreigners Working in Vietnam (No. 75/2021/QH15), which was passed in 2021 and will come into effect on January 1, 2022. This law specifically targeting foreign workers further refines and supplements the relevant provisions in the Labor Law. It stipulates in detail the application conditions, detention procedures and circumstances for labor permits, providing clearer legal guidance for foreigners working in Vietnam. The life of this law is that Vietnam has entered a new stage of more systematic and professional management of foreign workers.

At the specific operational level, government resolution No. 152/2020/ND-CP (effective on February 15, 2021) provides more specific guidance on the management of foreign factories. This agreement clarifies the specific requirements, required documents, and approval process for labor license applications. It is an important regulation that must be referenced when actually applying for a labor license. Its implementation has greatly improved the transparency and operability of the labor license application process.

In order to refine the implementation details, the Ministry of Labor, Invalids and Social Affairs also issued Notice No. 35/2021/TT-BLDTBXH. The notice provides more detailed guidance on the implementation of Government Agreement No. 152/2020/ND-CP, including standardized application forms and specific details of the application process. This series of regulatory systems, from macro to local, builds a comprehensive and strict foreign warehouse management framework.

labor license

The importance of labor licenses is reflected at all levels, not only related to numerous personal rights and interests, but also affecting business operations and national management. A thorough understanding of these importance will help us better understand the key role of labor licenses in Vietnam’s economic and social development.

First of all, from a legal compliance perspective, holding a valid labor permit is a prerequisite for foreigners to work legally in Vietnam. According to Vietnam’s Administrative Penalty Law (No. 15/2012/QH13), violation of labor permit regulations may result in serious legal consequences, including high fines, and in serious cases, even risk of being deported from the country. This will not only cause huge economic losses and reputational damage to individuals, but may also affect the normal operation and normal functioning of the enterprise. Therefore, ensuring that all foreign employees hold valid labor permits not only complies with legal requirements, but is also a necessary measure to avoid legal risks.

Secondly, the labor permit is closely related to the legality of residence. It is a necessary condition for applying for a work visa (LD visa) and a temporary residence permit. Without a labor permit, foreigners will not be able to obtain long-term residency, which will not only affect the stability of their lives in Vietnam, but also bring inconvenience to their work. Especially for foreign professionals who plan to develop in Vietnam for a long time, obtaining and maintaining a valid labor license is the key to ensuring that they can work and live in Vietnam with peace of mind.

From the perspective of rights protection, foreign employees holding labor permits are fully protected by Vietnam’s Labor Law. This means that they enjoy the same benefits as local Vietnamese in terms of wage protection, working time regulations, social insurance and medical insurance. This not only protects the legitimate rights and interests of foreign employees, but also provides necessary legal protection for their work and life in Vietnam. Conducive to attracting and retaining high-quality international talents.

For enterprises, ensuring that all foreign employees hold valid labor permits is not only a legal requirement, but also an important part of human resources management and risk control. It helps enterprises establish standardized employment systems and improve the transparency of human resources management. At the same time, improving labor license management is also an important means for enterprises to attract and retain international talents, and helps improve the global competitiveness of enterprises.

From the perspective of national management, the labor license system is an important tool for the Vietnamese government to effectively supervise the foreign labor market and protect local employment. Through this system, the government can grasp the quantity, distribution and professional structure of foreign workers, thereby formulating a more precise system. At the same time, this system is also conducive to promoting technology transfer and knowledge exchange, and promoting high-quality development of Vietnam’s economy.

Labor license type

Vietnam’s labor system is designed to be flexible and diverse to accommodate different situations and needs. Understanding these different types of labor is critical to choosing the most appropriate application path for business licenses and individual licenses.

The standard labor permit is the most common type and applies to most foreigners working in Vietnam. The license is currently valid for 2 years and can be renewed in the future. To apply for a standard labor license, you need to provide documents such as academic qualifications, work experience certificates, and no criminal record certificates. The application requirements and procedures for this type of license are relatively standardized and are the first choice for most businesses and individuals.

Short-term permit labor is for foreigners who work in Vietnam for less than 3 months. The validity period of such a license is consistent with the actual working period, but the period does not exceed 3 months. Although the application scheme is relatively simple, applicants still need to provide a short-term labor permit, which provides convenience for foreigners who come to Vietnam for short-term projects or temporary work.

Expert license labor is mainly aimed at senior managers, technical experts or talents with special skills. The application requirements for this type of license are higher and require proof of professional qualifications and extensive work experience. It is worth noting that some high-level experts may have Muslim academic requirements, which reflects the Vietnamese government’s flexible policy in attracting talents.

Internal transfer labor specifically targets employees who are transferred within multinational companies to work across the border in Vietnam. Application for such a license requires documents such as proof of inter-company license transfer and proof of employment at the original company. This type of setup is understood and supported by the Vietnamese government to support the talent mobility needs of multinational companies.

Teacher labor permit text is a special type established for foreign teachers teaching in Vietnamese educational institutions. Applicants need to provide teacher qualification certificates and relevant academic certificates. Foreign teachers in some international schools may take advantage of the simplified application process, which reflects Vietnam’s policy tilt in promoting the internationalization of education.

It is worth noting that the Vietnamese government is actively optimizing the labor license system to adapt to the fiercely open economic environment. For example, under the latest Law on Foreigners Working in Vietnam, labor permit requirements can be made under certain circumstances. This includes short-term work (not exceeding 30 days, with a total of not exceeding 90 days per year), foreign experts, managers, and skilled workers who enter Vietnam to work for less than 3 months, as well as experts involved in handling complex technical or technological issues that affect production and operations. (Stay) The changes reflect the Vietnamese government’s efforts to find a balance between attracting foreign talent and promoting economic development.

The complexity of Vietnam’s labor system licenses also reflects , to a certain extent, its rigorous attitude and flexible strategies in managing foreign workers. For individuals and companies planning to do business or seek employment opportunities in Vietnam, a thorough understanding of this system is not only a legal requirement, but also the key to successfully navigating Vietnam’s business environment. In the ever-changing legal environment, updating knowledge in a timely manner and seeking professional guidance will be an important guarantee for success in the Vietnamese market.

By comprehensively understanding Vietnam’s legal framework for labor licenses and the types of key layouts, companies and individuals can better plan their human resources strategies in Vietnam, ensure compliant operations, and make full use of the various opportunities Vietnam offers. Vietnam continues to deepen reform and opening up and believes that its labor license system will continue to improve, creating a more friendly and convenient environment for foreign investors and talents.

Foreign employee work permit application process

The application for a work permit for foreign employees is a systematic and standardized process. This process not only involves the applicant himself, but also requires the active participation and cooperation of the employer. To ensure a smooth application process, we have divided the process into three main stages : preliminary work, application steps, and a detailed list of required documents and materials. Let’s take a closer look at what each stage entails.

Preparatory work

Preparatory work is the foundation of the entire application process. Doing this well can greatly improve the goal of a successful application, while also saving time and energy in subsequent stages. Employers need to assess the need to bring in foreign workers. According to Vietnamese labor laws, companies can only hire foreign employees if they cannot find suitable candidates in the local labor market. Therefore, employers need to provide proof that they have tried to recruit locally but failed to find suitable Vietnamese employees. This usually involves posting a job advert in a local newspaper or on a recruitment website and keeping references.

Secondly, employers need to develop detailed employment plans. This plan should include information such as the number of foreign employees to be hired, their positions, job responsibilities, and labor periods. At the same time, it is also necessary to explain why these positions need to be completed by foreign employees. This employment plan needs to be approved by the local labor management department.

Applicants need to ensure that they meet the basic requirements for overseas dispatched employees in Vietnam. This usually includes being over 18 years old, in good health, with no criminal record, and having relevant work experience and professional skills. Applicants also need to ensure that their academic and technical professional qualifications are recognized in Vietnam. If the certificate is not in English or Vietnamese, it needs to be translated and notarized in advance.

Finally, the employer and the applicant need to prepare the materials together. This includes collecting and organizing all necessary documents to ensure their authenticity, validity and defects. For some documents that take time to apply for, such as certificates of no criminal record, academic certificates, etc., it is recommended to start preparing in advance.

Application steps

The specific steps to apply for a foreign employee work permit are as follows:

Step 1: The employer submits employment requirements. Employers need to submit an application for hiring foreign employees to the local labor management department, explaining the necessity and job requirements for hiring foreign employees. This step usually needs to be completed at least 30 days before the expected date of employment.

Step 2: Obtain approval for labor requirements. The local labor management department will review the employer’s application. If approved, a labor demand approval letter will be issued to the employer. This process usually takes 10-15 working days.

Step 3: Prepare application materials. After approval of the work requirement, the employer and the applicant need to work together to prepare all documents required for the work permit application. This includes application forms, passport items, health certificates, clean criminal records, education and work experience certificates, etc. All non-Vietnamese documents need to be translated into Vietnamese and notarized.

Step 4: Submit work permit. Employers need to submit work permit applications to the provincial labor management department on behalf of their foreign employees. Applications can be submitted through the online system or directly into the office.

Step 5: Wait for approval. The labor management department will review the submitted application materials. If the materials are complete and meet the requirements, it will usually be made within 5-7 working days. If additional materials are required, the department will decide to notify the applicant or employer.

Step 6: Receive a work permit. Once the application is approved, the employer can go to the labor management department to obtain a work permit. The work permit is valid for 2 years and can be renewed in the future.

Step 7: Complete relevant procedures. After obtaining the work permit, foreign employees need to apply for a work visa (LD visa) and a temporary residence permit. These procedures usually need to be completed within 15 days of obtaining a work permit.

List of required documents and materials

To ensure a smooth application process, applicants and employers need to prepare the following documents and materials:

• Work permit application form (fill in the prescribed format)
• Passport is about the same (recently at least 6 months old)
• Health certificate (issued by a designated medical institution in Vietnam, within the past 3 months)
• Certificate of no criminal record (issued by relevant departments in the applicant’s home country, lasting for 6 months)
• Educational certificate (bachelor degree or above, subject to certification)
• Proof of work experience (documentary evidence of at least 3 years of relevant work experience)
• Professional qualification certificate (if applicable)
• Employer’s business conditions
• Letter of employment intention or labor contract issued by the employer
• Recent color photo of the applicant (4x6cm, white background)
• Labor demand approval letter (issued by the local labor management department)
• Description of jobs for foreigners in Vietnam

For some special positions or industries, additional documentation may be required. For example, for teaching positions, you may need to provide proof of teaching qualifications; for practitioners in the medical industry, you may need to provide proof of professional qualifications.

All non-Vietnamese documents need to be translated into Vietnamese and notarized. Certain documents (such as academic certificates and no criminal record certificates) may also need to be authenticated by the applicant and the Vietnamese embassy or consulate in the country.

It is important to note that the Vietnamese government’s maximum document requirement is 3 months, and the maximum requirement for a certificate of no criminal record is 6 months. Applicants need to ensure that these documents are included when submitting their application.

In addition, as the Vietnamese government continues to optimize the foreign employee management system, relevant policies and requirements may be adjusted. , it is recommended that applicants and employers promptly consult the relevant local labor management departments or professional legal advisors when preparing application materials to ensure that they understand the latest policy requirements.

Application for a foreign employee work permit requires close cooperation between the applicant and the employer. By fully preparing in advance, strictly following the application steps, and preparing complete documents and materials, the concept of success can be maximized. At the same time, understanding this process can also help companies better plan their human resource strategies and create favorable conditions for attracting and retaining international talents.

Common problems and solutions during the application process

During the application process for a foreign employee work permit, applicants and employers may encounter various issues and challenges. Understanding these common problems and mastering the corresponding solutions will not only improve the success rate of your application, but also make the entire process smoother.

Things to note when preparing documents

Document preparation is one of the key stages in the entire application process. Preparatory work in the early stage can greatly reduce some problems that may arise later. The following are things to pay special attention to:

Authenticity and validity of documents: All documents submitted must be authentic and valid. Vietnam’s labor management department has strict requirements on the authenticity of documents. Once the documents involved are discovered, it will not only result in the application being rejected, but may also face legal penalties. Therefore, applicants need to ensure the authenticity of all documents, especially academic certificates and work experience certificates. If there is any doubt about the validity of certain documents, it is recommended to confirm with the relevant agency in advance.

File deadlines: Many files have explicit deadlines. For example, the cut-off time for a health certificate is usually 3 months, while the cut-off time for a criminal record certificate is 6 months. Applicants need to arrange their time reasonably to ensure that all documents are in the near future when applying for a job. It is recommended to allow enough buffer time when preparing files to account for possible gaps.

Translation and notarization of documents: All non-Vietnamese documents need to be translated into Vietnamese and notarized. This process may be more accurate than expected. It is recommended to choose a qualified translation agency to ensure the accuracy of translation. At the same time, pay attention to Vietnam’s requirements for notarized documents. Some documents may need to be double-authenticated (that is, authenticated by the Ministry of Foreign Affairs of the applicant’s country and the Vietnamese embassy or consulate in that country).

Completeness of documents: Ensure that the package of documents submitted is complete and each document is required to be fully prepared. Missing any required document may result in application failure or delayed processing. It is recommended to make a detailed list of documents and check them carefully before submission.

Additional Requirements for Special Industries or Positions: Certain special industries or positions may have additional documentation requirements. For example, teachers may need to provide proof of teaching qualifications, and medical practitioners may need to provide proof of professional qualifications. Applicants need to understand the special requirements of their industry in advance and prepare accordingly.

Document consistency: Make sure personal information is consistent across all documents, including name spelling, date of birth, etc. If there are inconsistencies between different documents, additional clarification or supporting documentation may be required.

Obstacles you may encounter during the application process and coping strategies

No matter how well prepared you are, you may still encounter various obstacles during the application process. Here are some common problems and strategies for dealing with them:

Application materials are returned or supplements are requested: This is the most common problem. If materials are returned or one of the supplements is requested, first carefully read the reasons for the return or the supplement request. Make sure you understand every requirement, and communicate with relevant departments in a timely manner if the application is not clear. When preparing supplementary materials, care should be taken to maintain consistency with the original materials. It is recommended to have a professional or experienced colleague review it before resubmitting to ensure that all requirements are met.

Processing times are longer than expected: Sometimes, processing times may exceed official published timelines. In this case, it’s important to be patient but at the same time proactively follow up on the application. You can regularly check application details through official channels. If there is no progress for a long time, you can ask if additional information or materials are needed.

Questions about an applicant’s qualifications: Sometimes the labor management department may question an applicant’s qualifications, especially in terms of academic qualifications or work experience. In this case, more detailed supporting documents may be required, such as detailed work certification documents, descriptions of project experience, etc. If it is an academic issue, you may need to provide course descriptions or academic transcripts issued by the school.

Difficulties in getting approval for labor needs: Sometimes employers may encounter difficulties in getting approval for labor needs. This is often due to insufficient documentation of the sexual requirements required to hire a foreign employee. Response strategies include: providing a more detailed job description and emphasizing the special skills required for the position; providing detailed records of recruitment in the local market to prove that suitable local employees cannot be found; if possible, providing positive feedback on the company’s development by introducing foreign employees Impact analysis.

Challenges arising from policy changes: Vietnam’s foreign labor policy may be adjusted from time to time. To address this challenge, both employers and applicants need to remain sensitive to policy changes. You can keep abreast of policy trends by regularly researching official websites, attending relevant seminars, consulting professional legal advisors, etc. If policy changes are encountered during the application process, the application strategy must be adjusted in a timely manner and some materials may need to be re-prepared if necessary.

Industry-Specific Requirements: Certain industries may have special requirements or. For example, the education industry may have stricter qualification requirements for foreign teachers. The response strategy is to have a thorough understanding of the special regulations of the industry in advance, and if necessary, seek help from the industry association or professional participating institutions.

Cultural and language barriers: Cultural and language barriers may be encountered when preparing materials and communicating with official agencies. It is recommended to hire a local consultant or agent who is familiar with Vietnamese culture and administrative procedures to assist with gift applications. This not only reduces communication barriers but also avoids misunderstandings caused by cultural differences.

Unexpected situations: You may encounter some unexpected situations during the application process, such as the applicant’s passport is about to be shortened, the original job permit is terminated early, etc. In case of emergencies, please communicate with relevant departments in a timely manner to understand possible solutions. For example, you may need to urgently renew your passport or apply for a temporary work permit.

In the process of applying for a foreign employee work permit, careful preparation of documents, active communication, and timely response to various challenges can maximize the number of employees who can successfully apply for a foreign employee work permit. It is recommended that companies establish a systematic foreign process management, including regular updates of policy information, documents and files, etc., so that future application and renewal processes can be maintained. For complex or special situations, it may also be wise to seek the help of professional legal counsel or human resources advisors. By dealing with these common issues and challenges, companies can better attract and retain international talent, injecting new vitality into the company’s development.

Labor license renewal and extension procedures

In Vietnam, labor permits for foreign employees are usually valid for two years . In addition to this, timely renewal and extension of labor are crucial for foreign employees to continue to work legally in Vietnam. This section will detail the labor license renewal and extension process, including renewal timelines, required documents, and specific steps to ensure you have a complete understanding of this important process.

1.Update

Labor renewal is a process that requires advance planning. According to Vietnamese coding regulations, foreign employees and their employers should start preparing the renewal application at least 30 days before the existing labor license. This time frame is important as it provides a buffer for any delays or additional requirements that may arise.

However, in practice it is recommended to start preparing for the renewal process at least 45-60 days before the labor license. This lead time ensures sufficient time to collect all necessary documentation, deal with any issues that may arise, and avoid interruptions to work due to license expiration.

It is worth noting that if a foreign employee plans to continue working in Vietnam with an existing labor permit but fails to renew it in time, the permit may face serious legal consequences, including fines, forced departure, and even affecting future work in Vietnam. Therefore, timely renewal of labor licenses is not only a legal requirement, but also an important measure to protect one’s own rights and interests.

2. Required documents and steps

Although the labor license renewal process is relatively simple, it still requires preparing a series of documents and following specific steps.

Detailed document list:

• Labor License Renewal Application Form: This is a standardized form that needs to be filled out and signed by the employer. The form can usually be obtained from the local labor management department or downloaded from its official website.
• Proof of current labor license: Proof of current labor license is required, including all pages.
• Valid Passport Strength: The passport strength should at least cover the expected strength of the new labor permit.
• Latest health certificate: This certificate should be issued by a designated medical institution in Vietnam and is recent 3 months old. Even if the previous health certificate is still there, a new health certificate is usually required when renewing.
• Certificate of renewal of employment or new labor contract issued by the employer: This document should detail the reasons for continued employment, position, salary and term.
• Recent color photos: Usually required to provide 4x6cm color photos with white background, taken within 6 months.
• Job performance evaluation report: This is issued by the employer and the expatriate employee should have a performance evaluation during his past employment. The report focuses on employee contributions and the need for continued employment.
• Proof of payment: Provide proof of payment of social insurance, health insurance and other related fees (if applicable).
• Additional documentation required for specific industries: Certain industries may require proof of additional professional qualifications or updated parameters.

Update steps:

• Prepare documents: First, the employer and the foreign employee need to work together to prepare all the necessary documents mentioned above. Ensure all documents are up to date and comply with current regulatory requirements. Non-Vietnamese documents need to be translated into Vietnamese and notarized.
• Submit an application: The employer needs to submit a renewal application on behalf of the foreign employee to the provincial labor management department that originally issued the labor license. This can be done through the online system or submitted directly to the office. When submitting, original and audio copies of all required documents need to be attached.
• Fees levied: There is usually a processing fee levied when you submit your application. Fee standards may vary by region. It is recommended to confirm the specific amount and payment method with the local labor management department in advance.
• Waiting and waiting: The labor management department will review the submitted application materials. Under normal circumstances, the review process takes approximately 5-7 working days. If the materials are complete and meet the requirements, there are usually no serious problems. However, if additional materials or clarification of some information are needed, the department will notify the applicant or employer.
• Claim new labor: Once the application is approved, the employer can go to the labor management department to update the post-claim labor. The license period for a new license is 2 years from the date of approval.
• Update relevant documents: After obtaining a new labor permit, foreign employees need to update their work visa (LD visa) and temporary residence permit in a timely manner. These procedures usually need to be completed within 15 days of obtaining a new labor license.

Special notes:

• Policy changes: Vietnam’s labor policies may not be adjusted at any time. When preparing your renewal application, be sure to research the latest regulations to ensure compliance with current requirements.
• Job fluctuations: If a foreign employee’s job position and responsibilities change significantly, he or she may need to reapply for an employment permit instead of simply renewing it.
• Change of Employer: If a foreign employee changes employers, even if the existing labor permit is still in the near future, he or she will need to reapply rather than renew.
• Plan ahead: Considering possible unexpected situations, it is recommended to start preparing the renewal application for your existing labor license at least 60 days in advance. This preserves outbound time for possible supplementary materials or policy inquiries.
• Professional assistance: Given the complexity and importance of the procedure, many companies choose to hire professional human resources consultants or legal advisors to assist in processing labor license renewals. This ensures a smooth process and minimizes the risk of errors.
• Ongoing compliance: Even after obtaining a new labor permit, foreign employees and employers need to continue to ensure Vietnam’s labor regulations, including regulations on working hours, wages, social insurance, etc.

Renewal and extension of licensed labor requires strict compliance with procedures. For enterprises, establishing a systematic labor license management process, including regular reviews, advance reminders and other mechanisms, can maximize management efficiency and reduce compliance risks. At the same time, continuing to pay attention to policy changes and maintaining good communication with local labor management departments are also key factors to ensure long-term success.

Special requirements of different industries and positions

In the Vietnamese labor market, different industries and foreign employees require differentiated and professional management characteristics. This differentiated management not only reflects the Vietnamese government’s strategy to attract tourism talents, but also reflects the emphasis on the local job market. For senior managers and technical experts, Vietnam has formulated a series of special regulations aimed at simplifying their onboarding process while also Make sure that you are recruiting high-quality talents.

Special provisions for senior managers , technical experts, etc.

For high-end talents such as senior managers and technical experts, the Vietnamese government has formulated a series of special regulations to facilitate their entry and work, while ensuring that the imported talents do have the required professional skills and experience.

Qualification: Senior managers are usually defined as those who hold key decision-making positions in the company, such as board members, general manager, deputy general manager, etc. Technical experts refer to professionals with advanced skills or knowledge in a specific field. When applying for a labor license, these individuals are often required to provide a more detailed job description and responsibilities to demonstrate their senior management or expert status.

Education requirements: For senior managers, the Vietnamese government can relax academic requirements. For example, according to Agreement No. 152/2020/ND-CP, senior managers with at least 3 years of management experience are not subject to the bachelor’s degree requirement. The regulations reflect the Vietnamese government’s emphasis on practical management experience.

Work experience: Technical experts usually need to have at least 3-5 years of work experience in a related field. Certain highly specialized positions may require longer years of experience. Applicants are required to provide detailed work experience, including letters of recommendation or employment certificates from previous employers.

Salary standards: The salaries of senior managers and technical experts usually need to meet certain standards to prove their status as high-end talents. Although the specific amount may vary by region and industry, it should generally be significantly higher than the local average for similar positions.

Proof of skills: Technical experts may need to provide qualification certificates, award certificates or patent documents in their professional fields to prove their professional skills. In some cases, recognition from relevant industry associations or professional bodies in Vietnam may be required.

Simplified procedures: For certain senior managers or key technology positions, the Vietnamese government can provide simplified application procedures or expedited processing services to speed up the process.

Loose restrictions: Senior managers and technical experts are generally exempt from company foreign employee ratios, giving companies greater flexibility in bringing in key talent.

Regular evaluation: For senior managers and technical experts who have been working in Vietnam for a long time, they may be required to submit work reports or receive evaluations regularly to prove their continued contribution to the company and local economic development.

Specific requirements for different industries

In terms of specific industries, each field has its own unique requirements. Taking the education industry as an example, foreign teachers are usually required to have at least a bachelor’s degree, and for higher education institutions, a master’s or doctoral degree may be required. In addition, at least 2 years of relevant teaching experience is generally required. Language teachers may need to provide corresponding language proficiency certificates, such as English teachers need to provide TESOL or CELTA certificates. The education industry is particularly stringent in background checks on applicants, requiring detailed criminal records and sometimes additional health checks, including screening for infectious diseases.

In addition to academic certificates, foreign employees in the information technology industry usually need to provide relevant IT skill certificates, such as certifications issued by Microsoft, Cisco, Oracle and other companies. They may need to provide detailed descriptions and evidence of major IT projects they have participated in. With the rapid development of IT technology, foreign employees in this industry may also need to prove their continued participation in professional training or skill updating.

In manufacturing, foreign employees may be required to provide industrial safety-related training to consider certification. For specific technical positions, relevant certificates that comply with international or Vietnamese national standards may be required. In terms of communication needs with local workers, foreign employees in the manufacturing industry may also be required to have basic Vietnamese language skills.

Foreign employees in the financial services industry may need to provide internationally recognized financial professional qualifications, such as CFA, ACCA, etc. Due to the strict regulation of the financial industry, they may need to demonstrate that they have received training in anti-money laundering, financial ethics, etc. Certain senior positions may also require additional approval from Vietnam’s financial regulator.

Foreign employees in the medical and health industry need to provide a medical practice qualification certificate from their home country and may need to pass corresponding certification in Vietnam. The industry requires an equivalent level of Vietnamese language proficiency to ensure effective communication with patients. Healthcare practitioners may also be required to demonstrate regular participation in continuing medical education programs and provide more detailed ethics review materials.

Foreign employees in the construction and engineering industry are required to provide relevant engineer or architect qualifications. They usually need to provide details and evidence of their involvement in large-scale projects. In addition, professional certifications in building safety, environmental impact assessment, etc. may be required.

In the hotel and tourism industry, foreign employees are often required to be proficient in multiple languages, especially managers working for international hotel groups. They may be required to provide professional certifications related to international hotel management or tourism management and demonstrate competent experience and ability in cross-cultural management and communication.

The legal service industry has its own particularities. Foreign lawyers are usually not allowed to practice directly in Vietnam, but they can work as foreign legal consultants. They will need to provide a lawyer’s certificate from their country of origin, usually requiring proficiency in English and Vietnamese, and sometimes other languages. It is worth noting that some areas of law may be completely off-limits to foreigners.

During the application process, applicants and employers need to pay special attention to policy updates, regional differences, document notarization and other issues. Many industry-specific certificates may need to be notarized in the country of origin and authenticated by the Vietnamese embassy or consulate in that country. The industry may require applicants’ qualifications to be reviewed by relevant industry associations or professional organizations in Vietnam. After obtaining a labor license, foreign employees need to continue to meet industry-specific requirements, including regularly renewing certificates or participating in necessary training.

Latest policy changes and trends

Vietnam’s labor laws and policies have been continuously evolving to adapt to the needs of the country’s economic development and globalization trends. Vietnam revised the Labor Law in 2019 and it will be implemented on January 1, 2021. The Labor Law stipulates labor standards, the rights, obligations and responsibilities of workers and employers in labor relations and other relationships directly related to labor relations, representative organizations of grassroots workers, representative organizations of employers, and the state’s regulations on labor Provisions will be made on management and other aspects.

Latest revisions to Vietnam’s labor laws

In 2019, the Vietnamese Congress passed the new Labor Law (No. 45/2019/QH14), which will officially take effect on January 1, 2021. This revision is the most comprehensive update of Vietnam’s labor law since 1994, covering many aspects, including important changes in the management of external shipping factories.

First of all, the new Labor Law clearly stipulates the conditions for foreigners to work in Vietnam. According to Article 151, foreign citizens working in Vietnam must meet the following conditions: (1) Have full capacity for civil conduct; (2) Have professional qualifications, skills and health conditions consistent with the job position; ( 3 ) Not serving a sentence or committing a crime The person who recorded it; ( 4 ) Obtaining the work permit issued by the competent authority of Vietnam and the consumption work permit prescribed by law.

Secondly, the new law adjusts the validity period of labor. According to Article 155, the period of labor license is extended from 2 years before the license to 3 years. This change provides foreign employees with longer-term job security and reduces the burden on companies to apply for renewals between periods.

In addition, the new law also expands the scope of foreign personnel who can apply for labor licenses. For example, according to Article 154, foreigners who enter Vietnam to work for less than 3 months, or who enter Vietnam to solve emergencies or deal with complex technical and technological issues that may affect production and business activities and the working time does not exceed 3 months, do not need to apply for labor. license.

In order to refine the implementation of the new Labor Law, the Vietnamese government issued Resolution No. 152/2020/ND-CP on December 31, 2020, which details the specific regulations for foreign workers working in Vietnam. Effective on February 15, 2021, the main contents include:

• It clarified 11 situations for applying for consumption labor licenses, such as foreign employees transferred within the company, foreign owners or investors of Vietnamese companies, etc.
• The labor license application process has been simplified and the approval time has been shortened from 7 working days to 5 working days.
• The regulations and requirements for senior managers and technical experts have been refined. For example, technical experts must have at least 3 years of relevant work experience.
• An online application system was introduced, allowing employers to submit labor license applications through an electronic platform.

The latest changes also include amendments to Agreement No. 152/2020/ND-CP (Decision No. 75/2021/ND-CP) that came into effect on April 1, 2021. The amendment further relaxes the requirements for foreign goods experts, allowing foreign experts with extensive practical experience but no academic qualifications to apply for a labor license under certain circumstances.

Looking to the future, Vietnam’s foreign labor policies are likely to continue to develop in these directions , further simplifying the application process for film and television talents to attract more international professionals. Strengthening the protection of the local labor market may increase the localization requirements for certain positions. Continue to promote the digitization and online application process to improve efficiency and transparency. More flexible work permit types may be introduced to accommodate different forms of employment, such as remote working, short-term projects, etc. Strengthen the supervision of foreign workers, especially in aspects such as social insurance and taxation. According to the development of the epidemic situation, entry policies and health requirements may continue to be adjusted.

Labor laws and policies in Vietnam are also constantly changing . For businesses operating in Vietnam and expatriates planning to work in Vietnam, paying close attention to these policy changes and adjusting strategies in a timely manner will be the key to successfully coping with the challenges.

case study

Case studies are an extremely valuable learning resource when discussing the Vietnam Foreign Worker Permit process. Through in-depth analysis of success stories and failures, we can better understand the key factors and potential pitfalls in the application process. At the same time, combining these practical empirical economics with theory can help us understand the operating mechanism of Vietnam’s labor market from a more macro perspective. Let’s delve into both of these aspects.

Success Case 1: Senior managers of multinational technology companies

An American technology company plans to set up an R&D center in Hanoi, Vietnam, and needs to dispatch a senior technical director from its headquarters to manage it. The director holds a computer science- related certificate , has more than 15 years of experience in the field of artificial intelligence, and has led several large-scale international projects.

Key success factors in the application process: Planning ahead , the company began preparing application materials six months ago, creating sufficient time for possible problems. Comprehensive document preparation , in addition to regular documents, also provides academic papers published by the supervisor, international award certificates obtained, etc., to fully demonstrate his professional capabilities.

In a clear statement of needs , the company explains in detail why this position needs to be filled by a foreign expert, emphasizing the importance of their unique skills to the company and Vietnam’s technological development. The company promised that the director would train local employees and developed a detailed knowledge transfer plan. The company actively communicated with the science and technology department of Hanoi City and demonstrated the project’s contribution to local science and technology development.

Result: The application was approved in less than a month, nearly twice as fast as the typical process.

Success Case 2: Foreign Teachers in International Schools

Among them, the newly established international school in Ho Chi Minh City needs to hire an experienced English teacher. The teacher from Canada holds a master’s degree in education and has 10 years of teaching experience in international schools, but has never worked in Vietnam.

Challenges and solutions during the application process: To overcome the language barrier , the school hired a professional translation company to ensure that all documents were translated into Vietnamese accurately. To solve the cultural differences , the school arranged Vietnamese cultural training courses for teachers and emphasized the teachers’ cross-cultural teaching experience in the application materials. Health screening requirements , which became more stringent during the COVID-19 pandemic . The school assisted Canadian teachers in completing a comprehensive inspection and confirmed the validity of the inspection report with the Vietnamese health department in advance. The school successfully completed most of the process remotely using the newly implemented online application system.

Result: Although there were some difficulties along the way, the work permit was finally successfully obtained a few weeks before school started.

These cases demonstrate the importance of preparing in advance, fully demonstrating the applicant’s value, understanding and adapting to local requirements, and responding flexibly to relevant factors during the application process.

Failure Case 1 : Manufacturing Technical Consultant

A local Vietnamese manufacturing company tried to hire a German technical consultant to optimize its production line. Although the consultant had extensive industry experience, he did not hold a formal engineering degree.

The main reason for application failure: inconsistent academic requirements . Vietnamese regulations require that specific technical positions must have relevant academic qualifications. The company underestimated the importance of this requirement. Insufficient proof of work experience . The company failed to provide sufficiently detailed documentation proving work experience. Local talent research was inadequate and the company failed to adequately demonstrate that suitable talent options could not be found locally. There is a lack of technology transfer plan , and there is a lack of detailed technology transfer and local employee training plans in the application materials.

Result: The application was rejected and the company had to start the hiring process all over again, causing serious insomnia for the project.

This case highlights the importance of fully understanding regulatory requirements, preparing theatrical application materials, and developing a clear localization plan.

Analyzing from an economic perspective , from the perspective of Western economics, foreign workers in Vietnam reflect the complex interaction of the supply and demand balance of the labor market and government intervention:

• Human capital theory: The Vietnamese government’s policies are clearly inclined to attract high-skilled foreign workers, which is in line with the view of human capital theory that high-skilled labor can bring higher capital and economic growth.
• Labor market segmentation theory: The differentiated policy requirements for different types of foreign factories reflect the segmentation of the labor market. The high-end talent market and the general labor market are subject to varying degrees of regulation.
• Information is not cheap: Strict documentation requirements and review processes can be seen as an attempt by the government to reduce the information not being cheap in the labor market, ensuring that the foreign factories brought in do have the required skills.
• The balance between protectionism and free trade theory: Vietnam’s policy seeks a balance between attracting foreign talents and protecting the local job market, reflecting the game between protectionism and free trade theory in the context of globalization.
• Externality theory: The government encourages technology transfer and local employee training, and can first try to maximize the positive externalities brought by foreign factories.
• Migration Economics: Vietnam’s policy changes reflect its attitude towards international labor mobility, which echoes the theory on cross-border labor mobility in Migration Economics.
• Institutional Economics: The gap in policy adjustments reflects that Vietnam is constantly optimizing its institutional environment to adapt to the rapidly changing economic situation.

Through these case studies and economic analyses, we can more fully understand the complexity and dynamics of Vietnam’s foreign labor policy. For companies and individuals, an in-depth understanding of these cases and theories can help them better formulate strategies and improve policies. At the same time, these opinions also provide valuable reference for policymakers, which is conducive to further optimizing foreign labor management policies and realizing Balancing economic development and local job protection.

Practical advice and tips

Applying for and managing a foreign worker permit in Vietnam requires joint efforts and planning by both the applicant and the employer. In order to increase your application success rate while effectively managing time and cost control, here are some practical suggestions and tips based on years of practical experience and in-depth understanding of the Vietnamese labor market.

Strategies to improve your application success rate

First, it’s crucial to stay fully informed about the latest regulations and policies. Labor regulations in Vietnam are frequently updated, so staying up to date with the latest policies is fundamental to success. It is recommended to regularly check the official website of Vietnam’s Ministry of Labor, Invalids and Social Affairs (MOLISA) or subscribe to relevant legal update services. It is also wise to stay in touch with experienced local HR consultants or legal experts, who can often provide the latest policy interpretations and practical advice.

Secondly, advance planning and preparation are key to improving your success rate. Ideally, you should start preparing your application materials at least 3-4 months before your expected start date. This not only provides sufficient time to collect and prepare all necessary documents, but also provides a buffer for any unexpected situations that may arise. Especially for some documents that need to be processed in the country of origin, such as certificates of no criminal record or academic certificates, additional time is often required for processing.

Preparing a comprehensive and detailed application package is another key factor to success. In addition to meeting the basic requirements, the applicant’s unique value and irreplaceability should also be emphasized. For example, in addition to the conventional academic arguments and work experience arguments, you can also provide the applicant’s unique value and irreplaceability that can be highlighted. Detailed project descriptions, professional awards received, published academic papers and other materials comprehensively demonstrate the applicant’s professional capabilities and value. For senior managers or technical experts, a detailed job description can be provided emphasizing the critical role of the position in the company’s operations and development and why it must be performed by a foreign expert.

In addition, demonstrating commitment and contribution to Vietnam can also greatly increase the success rate of your application. A detailed localization plan describing how training and development will be localized and how employees’ knowledge and skills will be transferred to Vietnamese colleagues can be included in the application materials. You can also highlight how the position contributes to Vietnam’s economic development or the advancement of a specific industry. This not only meets the expectations of the Vietnamese government, but also increases the likelihood of the application being approved.

Establishing good communication and relationships with local government departments is also a strategy. Before submitting a formal application, you can have important communication with the relevant departments to understand their specific requirements and possible concerns. In this way, materials can be prepared in reserve and the accuracy required can be improved. At the same time, maintaining an ethical and professional attitude and adhering to all procedures and timing requirements will also help build good relationships.

If possible, it may be wise to hire a professional human resources consultant or legal expert to assist with the application process. They are familiar with the entire process, understand potential roadblocks and solutions, and can improve the success rate of your maximum application. While this may add some cost, it is often a worthwhile investment given the time and opportunity costs that a failed application can bring.

Time management and cost control

In terms of time management, it is very necessary to create a schedule. This detailed timeline should include all critical steps such as document preparation, translation and notarization, filing of application, execution of inquiries, etc. Allocate a reasonable amount of time to each step and set clear lead times. At the same time, a buffer time should be prepared for possible early stages. It is recommended to use project management tools to track the entire process, so that the progress of each step can be clearly seen, and possible preliminary preparations can be discovered and resolved in a timely manner.

Acting early is another key to controlling your time. For example, you can start preparing some common documents, such as translation and notarization of academic certificates, immediately after confirming your hiring intention. This saves valuable time when the application process officially begins. For some complex or lengthy documents, such as a certificate of no criminal record, the application process should be started as early as possible.

When it comes to cost control, start with a comprehensive understanding of all the expenses that may be involved in the entire process. This includes not only official application fees, but also document translation and notarization fees, medical examination fees, possible legal consultation fees, etc. Create a detailed budget and strictly track actual expenses along the way.

Proper use of resources can help control. For example, for companies that frequently need to apply for foreign factory licenses, they can consider establishing a dedicated internal team to be responsible for this cost work in the long term. While there may be upfront training costs, this can save money in the long run by significantly reducing reliance on outside consultants.

In addition, choosing the right time can also help control costs. For example, avoid applying around traditional holidays, as service fees may increase during these times. At the same time, if the company plans to introduce multiple expatriates, it can consider batch processing when applying, which may gain some economies of scale and reduce overall costs.

Leveraging technology is also an effective way to control time and costs. The Vietnamese government is promoting the onlineization of the labor application permit process. Making full use of these online systems can maximize efficiency and reduce unnecessary round trips and waiting time. At the same time, using tools such as video conferencing for remote communication and interviews can save a lot of travel costs in the early stage.

It is very necessary to establish a systematic file management system . This not only improves efficiency and reduces duplication of effort, but also provides valuable reference for future renewals or new applications. A document management system should include electronic copies of all good application materials, reminders of important dates, records of communications with government departments, etc.

Overall, successfully applying for a Vietnam foreign worker permit requires coordinated planning, adequate preparation, and flexible strategies. By adopting these practical suggestions and techniques, businesses and individuals can significantly increase their application success rates while effectively managing time and controlling costs. Remember, this is a process that requires continuous learning and adaptation. With the accumulation of experience, you will be able to respond to this challenge more acutely and make important contributions to the company’s business development in Vietnam.