I. Legal basis

• Decree No. 219/2025/ND-CP (effective from 07 August 2025)
• Law on Enterprises, amended 2025, No. 76/2025/QH15

II. What is a work permit for foreign employees?

A work permit for foreign employees is a legal document issued by a competent authority that allows a foreign national to work lawfully in Vietnam. This permit confirms that the foreign employee satisfies all statutory requirements and is authorized to work for a specific company, enterprise, or organization in Vietnam.

III. Conditions for obtaining a work permit for foreign employees

To obtain a work permit in Vietnam, a foreign employee must satisfy the following conditions:

1. Possess full civil act capacity in accordance with the provisions of law.
2. Meet the health requirements appropriate for the job.
3. Have no criminal record and are not currently subject to criminal prosecution under the laws of Vietnam or international law.
4. Obtain written approval from the competent authority in Vietnam regarding the employment of foreign workers.
5. In addition, depending on the specific job positions, there may be additional requirements, such as:

• For foreign employees serving as managers or executive directors: A manager must be an individual who manages an enterprise pursuant to Clause 18, Article 4 of the Law on Enterprises, or is the head or deputy head of an agency or organization. An executive director must be the head who directly manages a unit under an agency, organization, or enterprise.
• For foreign employees serving as experts: Must hold a university degree or higher and have at least two years of work experience in a position equivalent to the intended role at the company in Vietnam. Furthermore, the profession working on finance, science, technology, v.v is only required Bachelor of Degree or higher and having one-year experience equivalent to the intended role at the company. 
• For foreign employees serving as technical workers: For technical workers, the employee must have 2 years of experience relevant to the position they are expected to work in, and for the remaining technical worker categories, they must have completed at least one or three years of training.

IV. Documents for applying for a work permit for foreign employees

To apply for a work permit for a foreign employee, the application dossier must include the following documents:

• A written request for the issuance of a work permit: Prepared in accordance with form No. 11/PLI, Appendix I issued together with Decree No. 70/2023/NĐ-CP.
• Health certificate: Issued by a competent medical authority and valid for 12 months.
• Criminal record certificate or written confirmation of no criminal convictions and not being under sentence execution or criminal prosecution: Issued no more than 6 months prior to the date of submission of the application.
• 02 color portrait photographs: Size 4×6 cm, white background, taken within the last 6 months.
• A copy of the passport or other substitutive documents as prescribed.
• Approval for the employment of a foreign worker issued by the competent authority.
• Template of a certificate of work experience.

V. Procedures for applying for a work permit for foreign employees

The procedure and dossier for applying for a work permit for foreign technical employees comprise the following steps:

Step 1: Post recruitment information for technical employees

• The enterprise is required to post recruitment information on appropriate local employment websites and with the competent authority.
• If applying for a work permit with the Department of Employment, recruitment information must be posted on the Department’s official website.
• If applying for a work permit at the Department of Labor, War Invalids, and Social Affairs, recruitment information must be posted on the employment website of the province or city where the enterprise submits the application.

Step 2: Submit the application for the official approval of employing foreign workers.

• Enterprises employing foreign workers are required to submit an application for an official approval of the need to employ foreign workers to the Ministry or the local Department of Labor, War Invalids, and Social Affairs.
• The processing time for the application shall not exceed 10 working days from the date of receipt of a complete and valid dossier.

Step 3: Prepare the dossier for the work permit application

• Upon receiving the approval letter, the enterprise shall prepare the dossier for the work permit application in accordance with the regulations.

Step 4: Submit the work permit application dossier

• Upon completing the dossier, the enterprise or its authorized representative shall submit it to the Ministry or the local Department of Labor, War Invalids, and Social Affairs where the foreign employee is expected to work. It should be noted that the work permit application must be submitted at least 15 days prior to the proposed commencement date of employment in Vietnam.

Step 5: Receive the application processing results

• The issuance of the work permit shall take 5 working days from the date of receipt of a complete and valid dossier. The Ministry or the local Department of Labor, War Invalids, and Social Affairs shall issue the work permit in accordance with form No. 11/PLI, Appendix I issued in Decree No. 70/2023/NĐ-CP.
• In cases where the work permit is not granted, the competent authority shall issue a written explanation specifying the reasons.
• Upon issuance of the work permit, the employer and the foreign employee must sign a labor contract in accordance with the Vietnamese Labor Code prior to the commencement of employment.

VI. Validity of the work permit

Pursuant to Article 21 of Decree No. 219/2025/NĐ-CP, the validity period of the work permit and the certificate of exemption from the requirement to obtain a work permit is as follows:

The validity of the work permit or the certificate of exemption from the work permit requirement shall be granted for the duration of one of the following cases, but shall not exceed 2 years:

1. a) The term of the labor contract to be concluded;
2. b) The period specified in the document from the foreign party assigning the foreign employee to work in Vietnam;
3. c) The term of the contract or agreement concluded between the Vietnamese and foreign partners, or among Vietnamese partners;
4. d) The term of the contract or service provision agreement concluded between the Vietnamese and foreign partners;
5. e) The period specified in the document from the service provider assigning the foreign employee to Vietnam for service negotiation;
6. f) The term as specified in the business license or the establishment and operation license of the agency, organization, or enterprise;
7. g) The period specified in the document from the service provider assigning the foreign employee to Vietnam to establish the commercial presence of that service provider;
8. h) The period specified in the document evidencing that the foreign employee is authorized to participate in the operations of a foreign enterprise that has established a commercial presence in Vietnam;
9. i) The period specified in the document from the foreign party assigning the foreign employee pursuant to an agreement or international treaty to which the Socialist Republic of Vietnam is a party;
10. j) The period specified in the document from the foreign party assigning the foreign employee under an international agreement concluded by a central or provincial-level agency or organization.

The validity period of the certificate of exemption from the work permit requirement, in cases specified in Clauses 14 and 15 of Article 7 of this Decree, shall be determined by the relevant ministries, ministerial-level agencies, or the provincial-level People’s Committees, but shall not exceed 2 years.

VII. Conclusion

The procedure for issuing work permits to foreign employees under Decree No. 219/2025/NĐ-CP imposes stricter requirements while simultaneously being more transparent and consistent than before. Strict compliance with the process—from posting recruitment information, justifying the need to employ foreign workers, preparing the dossier, to submitting it and receiving the results—is a key factor for enterprises to ensure timelines and avoid legal risks. Enterprises must proactively review the eligibility of foreign employees, prepare all documents in accordance with the new regulations, and submit the dossier within the prescribed timeframe to ensure that foreign employees can work legally in Vietnam. Proper and full compliance with legal provisions not only enables enterprises to maintain stable operations but also contributes to building a transparent, professional labor environment that meets the requirements of international integration.

VIII. About Us, Hankuk Law Firm

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