In recent years, the Vietnamese government has made a series of adjustments to the work permit policy for foreign employees in order to adapt to the growing demand for foreign investment and balance the development of the local job market. The changes are designed to streamline the application process and attract highly skilled talent while ensuring the stability of the local labor market. Let’s take a closer look at these important policy changes and their impact.
Overview of the latest policy changes
The Vietnamese government has comprehensively upgraded the work permit application system. This change stems from the modernization program of the foreign workforce management system implemented by the Ministry of Labour, Invalids and Social Affairs (MOLISA) in accordance with Decree No. 152/2020/ND-CP. The new system will be officially launched in early 2021, marking Vietnam’s entry into the digital era in the management of foreign workers. Businesses can now complete much of the application process through the official portal, including submitting documents such as work permit application forms, health certificates and criminal records. This change greatly simplifies the application process and reduces time costs for companies and applicants. According to MOLISA statistics, since the system upgrade, the utilization rate of online applications has increased significantly, and the average processing time has been shortened by nearly one-third. Nonetheless, certain original documents still need to be submitted in hard copy for verification after the application is approved. This requirement is intended to ensure the authenticity and accuracy of the application information.
The Vietnamese government has flexibly adjusted the qualification certification standards to adapt to the special needs of different industries and positions. In September 2021, the Vietnamese government issued a supplementary notice to Decree No. 152/2020/ND-CP, relaxing academic requirements for specific high-skilled positions. For example, foreign experts working in key fields such as technology, IT, and education can apply for a work permit even if they do not have a bachelor’s degree if they have more than five years of relevant work experience. This policy change reflects the Vietnamese government’s emphasis on practical experience and opens the door to those with outstanding skills but who may lack formal academic qualifications. At the same time, for senior managers and technical experts, academic qualification certificates can now be replaced by a letter of appointment from the board of directors of a company registered in Vietnam or a technical expert certificate, which provides greater flexibility for the internal transfer of talents within multinational companies. These flexible policies mainly apply to specific industries and positions. Most general positions still require relevant academic certificates and work experience certificates.
Work permit processing times have also been significantly reduced. According to Notice No. 38/2022/TT-BLDTBXH issued by MOLISA in early 2022, the standard processing time has been shortened from the original 10-15 working days to 7-10 working days. This change has greatly improved administrative efficiency and enabled companies to introduce needed foreign talents more quickly, thereby enhancing Vietnam’s attractiveness in the international talent competition. It is worth noting that this processing time is calculated from the submission of complete and qualified application materials. Therefore, applicants and enterprises still need to carefully prepare application materials and ensure the completeness and accuracy of documents to avoid unnecessary delays.
In order to further simplify the work permit process for high-level talents, the Vietnamese government has also launched a multi-year work permit policy. According to Decree No. 152/2020/ND-CP, key positions in enterprises, such as general managers, CEOs and other senior managers, can now apply for work permits with a validity period of up to 3 years. For technical experts and middle managers, it is possible to apply for a license valid for up to 2 years. This policy not only reduces the burden of frequent renewals for foreign employees and companies, but also provides greater certainty for long-term planning. However, applying for a multi-year license requires more detailed job descriptions and long-term employment plans, and companies need to demonstrate that these positions are critical to the company’s long-term growth.
At the same time, the Vietnamese government has also strengthened its requirements for localized development. Decree No. 152/2020/ND-CP promulgated in 2021 clearly stipulates that the number of foreign employees in general industries shall not exceed 20% of the total number of employees of the company, but in some special industries (such as high-tech industries), this proportion can Apply for an increase, but usually no more than 35%. Enterprises need to report the employment of foreign employees to the local labor department every year and submit a labor demand plan for the next year. This policy aims to balance the relationship between the introduction of foreign talents and the protection of the local job market, and promote the career development of local employees. Businesses that fail to meet localization requirements risk having their work permit applications rejected or existing permits not being renewed.
Finally, as an important measure to promote the development of local talents, the Vietnamese government introduced skills transfer plan requirements in Notice No. 38/2022/TT-BLDTBXH issued in early 2022. When companies apply for work permits for foreign employees, they need to provide a detailed skills transfer plan that explains how to train local employees through the professional knowledge and skills of foreign employees. This plan should include a specific training schedule, content outline, and expected learning outcomes. Enterprises are also required to regularly report to the labor department on the implementation of skill transfer plans. This policy reflects the long-term consideration of the Vietnamese government and aims to ensure that the introduction of foreign employees not only meets the immediate needs of enterprises, but also makes substantial contributions to the long-term development of the local labor market in Vietnam.
Detailed explanation of application process
The process of applying for a Vietnam work permit requires careful planning and execution. The following is a detailed application process, each step is crucial and needs to be strictly followed.
Applicants need to determine whether they meet the conditions for applying for a work permit. According to Vietnamese labor laws, foreigners working in Vietnam for more than three months must hold a work permit. However, there are some exceptions, such as foreigners who work for a short period of time (not exceeding 30 days) or transfer within a company (not exceeding 90 days), who may not need to apply. Therefore, it is essential to carefully assess your situation and the nature of your job before starting the application process.
Once you have determined that you need to apply, the next step is to collect and prepare the required documents. These documents usually include: valid passport, health certificate, no criminal record certificate, academic certificate, work experience certificate, etc. It is worth noting that most documents need to be notarized and certified, and some documents need to be translated into Vietnamese. This stage is often the most time-consuming, as the process of obtaining and authenticating certain documents may involve multiple agencies and countries. Applicants are advised to prepare a detailed document list and complete it one by one to ensure that all necessary documents are complete.
Once the documents are ready, the applicant needs to submit the application through the online system designated by the Vietnamese government. Applicants need to register an account on the platform and then follow the instructions to fill out the application form and upload all necessary documents. During the filling process, it is important to ensure that all information is accurate as any errors may result in the application being returned or processing delayed.
After the application is submitted, the labor department will review the application. Standard processing time is 7-10 business days, but actual time may vary. During this period, applicants need to keep communication lines open as the review department may request additional materials or clarify certain information. Prompt response to these requests is critical to expediting processing.
Applicants will be notified once their application is approved. The next step is to receive a physical work permit. This usually requires the applicant to visit a designated government office in person. When picking up, you need to bring your passport and other identification documents to verify your identity.
After obtaining the work permit, the applicant must apply for a work visa or temporary residence permit to the local public security agency within the specified time (usually 15 days). This is the last necessary step to ensure legal work and residence in Vietnam.
You may encounter some questions throughout the application process . For example, the certification process for some documents may take longer than expected, or there may be technical issues with the online system. If you encounter these situations, please stay calm and seek help from professional consultants. Additionally, applicants need to pay attention to the validity period of their work permit. Generally, a work permit is valid for a maximum period of two years. Before the validity period is about to expire, you need to apply for renewal in time. The renewal process is relatively simple, but again requires preparing relevant documents in advance and adhering to specified time frames.
List of required documents
Applying for a Vietnam work permit requires preparing a series of documents. These documents not only prove the applicant’s identity and qualifications, but also reflect the Vietnamese government’s rigorous attitude towards foreign labor management. Below is a detailed list of documents and their associated requirements.
First of all, a valid passport is the most basic and indispensable document. The applicant’s passport must remain valid throughout the application process and should be valid for at least the expected period of validity of the work permit. Generally, it is safer if the remaining validity period of the passport is no less than 12 months. In addition to the originals, color copies of the passport information page and all Vietnam visa pages are also required. These copies need to be notarized to ensure their authenticity.
Secondly, applicants need to provide health certificates. This certificate must be issued by a medical institution recognized by the Vietnamese government, proving that the applicant is in good health and suitable to work in Vietnam. Health certificates usually include a series of physical examinations, such as chest X-rays, blood tests, urinalysis, etc. It is worth noting that health certificates are usually valid for 12 months, so applicants need to ensure that the health certificate is still valid when applying for a work permit.
A criminal record certificate is another important document. This certificate needs to be issued by the relevant agency in the applicant’s home country or the country where he has recently lived continuously for more than six months, proving that the applicant has no criminal record in that country. This certificate usually needs to be double authenticated by the Ministry of Foreign Affairs of the applicant’s country and the Vietnamese Embassy in that country. If the certificate is not issued in Vietnamese or English, a certified Vietnamese translation is also required.
Educational certificates are key documents proving the applicant’s educational background. Usually the highest academic degree certificate is required, such as a bachelor’s, master’s or doctoral degree certificate. These certificates need to be authenticated by the relevant departments in the applicant’s country and consularly authenticated by the Vietnamese Embassy in that country. Likewise, if the certificate is not in English or Vietnamese, a certified Vietnamese translation is also required.
Proof of work experience is an important document proving that the applicant has the relevant work ability. This typically includes a letter of employment verification or recommendation from a previous employer detailing the applicant’s job title, hours worked, and key responsibilities. For certain specific positions, such as managers or specialists, proof of at least 3-5 years of relevant work experience may be required. These certificates also need to be notarized and authenticated.
In addition, applicants are required to provide a standard size (4x6cm) color photo taken recently (usually within 6 months). The background of the photo should be white, and the applicant needs to face the camera with a natural expression.
For certain specialized positions, additional qualifications may be required. For example, teachers may need to provide teaching certification, and engineers may need to provide professional certification. These certificates also need to be notarized and authenticated.
Finally, applicants need to provide a labor contract or letter of intent issued by a Vietnamese employer. This document should detail information such as job title, work location, contract length and salary. Employers are also required to provide a statement explaining why they need to hire foreign workers rather than local workers.
It is important to note that all non-Vietnamese documents need to be translated into Vietnamese and notarized. The translation must be completed by a qualified translation agency and accompanied by the official seal of the translation agency.
Preparing these documents can take considerable time, and the process of obtaining and authenticating some documents can last weeks or even months. Therefore, applicants are advised to plan ahead and start preparing these documents as early as possible. At the same time, since policies may change, it is recommended to confirm the latest requirements with the Vietnamese labor department or a professional visa agency before preparing documents to avoid unnecessary delays or extra work.
Frequently Asked Questions and Answers
Q1: Do I need to go to Vietnam to apply for a work permit in person?
A1: Normally, you do not need to go to Vietnam to apply for a work permit in person. The application process can be carried out on your behalf by your employer in Vietnam. You will need to prepare all necessary documents and send them to your employer or its designated agent. However, after obtaining your work permit, you may need to go in person to a designated government office to collect the physical permit.
Q2: How long does it take to apply for a work permit?
A2: The standard processing time is usually 7-10 working days, but the actual time may vary. The entire process, including preparing all necessary documents, may take 2-3 months or longer. Factors affecting time include the completeness of document preparation, the speed of the certification process, and the efficiency of government departments. It is recommended that you start preparing your application at least 3 months in advance.
Q3: If my application is rejected, can I reapply?
A3: Yes, you can reapply. If your application is rejected, you will usually receive a note explaining the reason for the rejection. Read this instruction carefully, resolve the issues mentioned, and then resubmit your application. However, please note that reapplying may require additional fees and time.
Q4: How long is my work permit valid for?
A4: Work permits are usually valid for a maximum of 2 years. The specific period will depend on your employment contract, your employer’s requirements and your specific circumstances. Before the validity period is about to expire, you need to apply for renewal or reapply.
Q5: Can I apply for a dependent visa with a work permit?
A5: Yes, after obtaining a work permit, you can apply for a dependent visa or residence permit for your spouse and minor children. But this is a separate program that requires additional documentation and application process.
Q6: If I want to change employers while working in Vietnam, will my work permit still be valid?
A6: If you change employers, your existing work permit will no longer be valid. You will need to reapply for a work permit through your new employer. In some cases, a simplified renewal process may be available if the new work is of a similar nature to the original work and is within the validity period of the original license.
Q7: Do my academic certificates require special certification?
A7: Yes, your academic certificate requires special certification. First, it needs to be notarized in the country where you received your degree. Then, it also needs to be authenticated by the country’s Ministry of Foreign Affairs, and finally consular authentication by the Vietnamese Embassy in the country. If the certificate is not in English or Vietnamese, a certified Vietnamese translation is also required.
Q8: If my criminal record certificate was obtained in another country, is it valid?
A8: The certificate of no criminal record should be issued by your home country or the country where you have recently lived continuously for more than 6 months. If you have recently lived in another country for more than 6 months, a certificate from that country is valid. However, it also needs to be certified by the Ministry of Foreign Affairs of the country and the Vietnamese Embassy in the country.
Q9: Does the health certificate have to be obtained in Vietnam?
A9: Although it is more convenient to obtain a health certificate in Vietnam, it is not mandatory. You can obtain a health certificate in your home country or another country, as long as the medical institution is recognized by the Vietnamese government. However, please note that health certificates are usually valid for 12 months and you will need to ensure that they are still valid when applying for a work permit.
Q10: What should I do if some of my documents expire during the application process?
A10: If a document expires during the application process, you need to re-obtain or update the document. For example, if your health certificate or criminal record certificate expires, you will need to reapply for these documents. This may lengthen the entire application process, so it is recommended to take possible processing times into account when preparing documents and try to ensure that all documents remain valid throughout the application process.
Q11: How much does it cost to apply for a work permit? Who will pay?
A11: The application fee for a work permit is usually borne by the employer. The exact fee may vary by region and application type, but is generally around a few hundred dollars. In addition to official fees, there may be additional costs involved in document translation, notarization and legalization. It is advisable to clearly discuss the issue of cost coverage with your employer.
Q12: Can I work in Vietnam while waiting for work permit approval?
A12: In principle, you cannot legally work in Vietnam without a valid work permit. Even if you have submitted your application, you should not start work until you have received approval. Some companies may arrange for you to enter the country as a business visitor, but you still cannot officially start working during this period.
Q13: If the nature of my job is in a controlled industry in Vietnam, is the application procedure any different?
A13: For certain regulated industries (e.g. education, medical, legal, etc.), the application process may be more complex and may require additional qualifications or industry-specific licensing. For example, foreign teachers may need to provide a teaching qualification certificate and may need to undergo additional review by the Vietnamese Ministry of Education. It is recommended to confirm specific requirements with industry authorities before applying.
Q14: Can I work for multiple employers at the same time? Do I need multiple work permits?
A14: Generally, one work permit corresponds to only one employer. If you want to work for multiple employers at the same time, you will in principle need to apply for a separate work permit for each employer. However, this situation is more complicated. It is recommended to consult a professional legal advisor or confirm directly with the labor department.
Q15: Will I be notified if my work permit application encounters a problem while it is being processed?
A15: Yes, if there are issues with your application or additional materials are required, your employer or designated agent will usually be notified. That’s why it’s so important to keep lines of communication open during the application process. If you receive such a notice, please respond as soon as possible and provide any additional information or documentation requested.
Application tips and precautions
When applying for a Vietnam work permit, there are some key tips and considerations that can help make your application go more smoothly. Time management is crucial. The entire application process may take longer than you expect, so it is recommended that you start preparing at least 3-4 months in advance. This includes not only the time required to gather the necessary documents, but also the time required for various certifications and translations. Creating a detailed timeline outlining the expected completion dates for each step will help you better manage the entire process.
Document preparation is one of the most critical parts of the entire application process. Ensure all documents are up to date, accurate, and comply with Vietnamese government requirements. Pay special attention to documents with limited validity, such as health certificates and police clearance certificates. These documents are usually valid for 12 months, ensuring they remain valid throughout your anticipated application process. For academic certificates and work experience certificates, not only the originals but also notarized and certified copies must be prepared. If the original document is not in English or Vietnamese, a certified Vietnamese translation is also required.
Details are very important when preparing documents. Ensure consistency of all information, including personal information such as name spelling, date of birth, etc. consistent across all documents. Even minor discrepancies can cause an application to be rejected or delayed. If any inconsistencies are found, promptly correct or provide explanations. Additionally, make a detailed document list, including the status of each document (e.g. acquired, in process, needs translation, etc.), which will help you track your progress and ensure you don’t miss any important documents.
Maintaining close communication with employers is also key to a successful application. Make sure your employer understands the entire application process and timeline. There are some documents that the employer may need to provide or assist in obtaining, such as an employment contract or employment certificate. Provide employers with the information and documents they need in a timely manner and follow up on their progress in a timely manner. Good communication can greatly reduce misunderstandings and delays.
It is also important to be flexible and patient during the application process. Government policies and procedures may change and processing times may take longer than expected. Remain calm and professional and respond promptly to any additional requests or questions. If you encounter a difficult or uncertain situation, don’t hesitate to ask for help. Consider hiring a professional visa agent or legal advisor, especially if you are unfamiliar with Vietnamese laws and procedures. While this may add some cost, it can greatly simplify the process and increase success rates.
Pay attention to protecting the security of your personal information. Make sure to use secure methods when submitting applications and documents. If sending sensitive documents electronically, consider using encryption methods. Keep backup copies of all important documents, both electronic and paper. This is not only useful during the application process, but may also be required after you obtain your work permit.
Secondly, we should also pay attention to cultural differences and local customs. Be polite and respectful when communicating with Vietnamese government officials or other relevant individuals. Knowing some basic Vietnamese greetings may make a good impression. At the same time, be patient as some processes may be slower than what you experienced in your home country.
Remember, obtaining a work permit is only the first step to working in Vietnam. Once you have obtained your permit, you will also need to promptly apply for a work visa or temporary residence permit. Familiarize yourself with these next steps and start preparing as soon as you receive your work permit. In addition, understanding your rights and obligations, including tax responsibilities, social security requirements, etc., will help you work and live in Vietnam in the long term.
Special case handling
During the process of applying for a Vietnam work permit, you may encounter some special circumstances that require additional steps to be taken or special handling methods to be considered. Understanding these potential complications and their solutions can help applicants better navigate the challenges and increase the likelihood of a successful application.
Applicants with work or residence experience in multiple countries may face more complex documentation requirements. For example, if an applicant has worked in multiple countries over the past few years, they may be required to provide proof of work experience and a clean criminal record from those countries. In this case, the applicant will need to contact the relevant authorities in each relevant country to obtain the necessary documents. This process can be quite time-consuming as each country’s procedures and requirements may differ. Applicants are advised to start the process as early as possible and consider hiring a professional document agency service to assist with the acquisition and certification of multi-country documents.
For applicants holding multiple nationalities, the situation may be more complex. Vietnamese law generally requires applicants to apply for a work permit using their primary nationality (usually the passport-issuing country). If an applicant wishes to apply using a nationality other than their primary nationality, additional explanations and documentation may be required. In this case, it is recommended that the applicant communicate with the Vietnamese labor department in advance to clarify the specific requirements and prepare a detailed written explanation explaining the reasons for choosing a specific nationality to apply.
For applicants who have studied or worked in Vietnam, additional documentation may be required. For example, if the applicant previously studied in Vietnam, they may be required to provide academic certificates or transcripts issued by Vietnamese educational institutions. If you have worked in Vietnam before, you may need to provide a copy of your previous work permit or explain why your previous work permit has expired. These documents can help prove the applicant’s ties to Vietnam and may have a positive impact on the application.
Applicants in certain specialized occupations may face additional requirements. For example, professionals such as teachers, doctors, and lawyers may need to provide specific professional qualification certificates, and these certificates may need to be recognized or evaluated by relevant Vietnamese departments. In some cases, applicants may be required to take additional exams or assessments to demonstrate that their professional abilities meet Vietnamese standards. It is recommended that such applicants contact the relevant professional associations or regulatory agencies in Vietnam in advance to understand the specific requirements.
There may be special policies or preferential measures for applicants who plan to work in remote areas or special economic zones in Vietnam. For example, some SEZs may have streamlined application procedures or more relaxed requirements. However, this may also mean that the work permit is restricted in scope and is only valid within a specific area. Applicants should carefully study these special policies, weigh the pros and cons, and discuss the possible implications with their employer.
If the applicant has a special health condition, more detailed health certification may be required. For example, if the applicant has a chronic medical condition, a detailed report from a specialist may be required to certify that the condition does not affect the ability to work or pose a threat to public health. In this case, applicants are advised to work closely with an accredited medical provider to ensure that the health certificate is comprehensive and compliant.
For applicants who wish to bring their family members (such as spouses and children) to Vietnam, they need to consider applying for a family visa or residence permit at the same time. While this is usually a separate process, it is recommended to do so in conjunction with your work permit application. This may involve additional documents such as marriage certificates, birth certificates, etc., which will also need to be certified and translated.
If an applicant encounters an unexpected situation during the application process, such as lost passport, damaged important documents, etc., he or she needs to take immediate action. For example, if your passport is lost, you should immediately report it to your country’s embassy and apply for a new passport. At the same time, the Vietnamese labor department and employer should be notified to explain the situation and request an extension of the application deadline. In this case, it is important to maintain good communication and documentation.
Special arrangements may be required for applicants who need to enter and exit Vietnam multiple times while waiting for their work permit. This may involve applying for a multiple-entry business visa, or coordinating special arrangements with immigration. In this case, the applicant should work closely with the employer and relevant authorities to ensure that visa regulations are not violated.
If an application is refused, the applicant has the right to learn the reasons for the refusal and to appeal. The appeals process may require additional documentation or explanations. In this case, it is recommended to seek the assistance of legal counsel, carefully analyze the reasons for rejection, and prepare strong appeal documents.
Dealing with these unique situations requires patience, care, and flexibility. Maintaining good communication with your employer, relevant government authorities and professional advisors at all times can greatly improve your chances of successfully handling complex situations. Remember, every case is likely to have its own unique characteristics, so a personalized approach and professional advice are often key to dealing with unique circumstances.
Finally, applying for a Vietnam work permit is a complex process, but with adequate preparation and the right approach, it is entirely achievable. This article explains in detail all aspects of the application process, from basic requirements to frequently asked questions, from application tips to handling special situations. We hope this information will provide you with a guide to successfully apply for a Vietnam work permit.
