As Vietnam continues to attract global talent and expand international business opportunities, employing foreign workers has become essential for many businesses. At the same time, Vietnam has strengthened its legal framework governing foreign labor to protect the domestic labor market. Understanding the work permit application process is not only a legal obligation but also the best way to avoid significant administrative penalties. This comprehensive guide provides the latest information in accordance with Decree No. 70/2023/ND-CP and other relevant regulations.
1. Who Is Required to Obtain a Work Permit in Vietnam?
1.1. Common Cases: Employment Contracts and Intra-Company Transfers
Determining whether a foreign national requires a work permit is the first step in the application process. Under Decree No. 152/2020/ND-CP, the most common category includes foreigners entering Vietnam to work under an employment contract with a Vietnamese enterprise or organization. Another common category is intra-company transfer employees who have worked for the overseas parent company for at least 12 consecutive months before being assigned to a branch, subsidiary, or representative office in Vietnam.
1.2. Foreign Service Providers and Commercial Representatives
Vietnam’s increasingly open service market has created another category of foreign workers who require work permits. These include foreigners entering Vietnam as:
- Contractual service suppliers;
- Commercial representatives promoting or offering services.
Individuals performing contracts or agreements in areas such as commerce, finance, banking, insurance, science, technology, healthcare, or education must obtain a valid work permit before engaging in income-generating activities in Vietnam.
1.3. Experts, Technical Workers, Managers, and Executives
This category plays a crucial role in technology transfer and corporate management. The following positions generally require work permits:
- Managers;
- Executive Directors;
- Experts;
- Technical Workers.
For these applicants, Vietnamese authorities carefully assess qualification documents, including university degrees and certificates proving three to five years of relevant work experience, to ensure the quality of foreign labor entering Vietnam.
1.4. Employees of NGOs and Investment Projects
The final category includes individuals responsible for establishing commercial operations in Vietnam. It also covers foreigners working for:
- Foreign non-governmental organizations (NGOs);
- International organizations legally operating in Vietnam;
- ODA projects;
- Large-scale FDI projects;
- Government-approved international cooperation programs.
Correctly identifying the applicant’s category ensures the appropriate application forms are used.
2. Where Should Work Permit Applications Be Submitted?
2.1. Provincial Department of Labor, Invalids and Social Affairs
One of the most common questions is where to submit the application. For most enterprises including LLCs, joint-stock companies, and businesses operating in industrial parks or export processing zones the competent authority is the Department of Labor, Invalids and Social Affairs (DOLISA) in the province or city where the foreign employee will work. It is important to note that Industrial Park Management Boards are no longer authorized to issue work permits.
2.2. Cases Under the Ministry of Labor, Invalids and Social Affairs
Certain organizations must submit applications directly to the Employment Department under the Ministry of Labor, Invalids and Social Affairs, including:
- Foreign NGOs;
- International organizations;
- National-level associations;
- Government agencies;
- Central political and socio-political organizations.
2.3. Latest Update: Administrative Restructuring in Certain Provinces (e.g., Ho Chi Minh City)
A significant regulatory update for 2026 involves administrative restructuring in several localities. For example, under Resolution No. 08/NQ-HDND (2025), the functions of Ho Chi Minh City’s Department of Labor, Invalids and Social Affairs have been merged into the Department of Home Affairs. Therefore, enterprises operating in Ho Chi Minh City must now submit work permit applications to the Department of Home Affairs, while other provinces continue using DOLISA unless officially restructured.
2.4. Online Submission Through Public Service Portals
To improve administrative efficiency, competent authorities now require or strongly encourage applications to be submitted through:
- The National Public Service Portal, or
- Provincial Public Service Portals.
Employers must:
- Create an online account;
- Complete electronic forms;
- Upload color PDF scans of all required documents;
- Submit original documents later at the One-Stop Service Center for verification.
3. Detailed Work Permit Application Process
3.1. Step 1 – Approval of Foreign Labor Demand (Updated for 2026)
The first and arguably most critical step is obtaining approval for employing foreign workers. Under Decree No. 70/2023/ND-CP, employers must:
- Publish a recruitment notice for Vietnamese workers on the Employment Service Center Portal for at least 15 days;
- Do so at least 15 days before the intended employment date.
Only if no suitable Vietnamese candidates are found may the employer submit a Report on the Demand for Foreign Workers. Within 10 working days, the authority issues an Approval Letter.
3.2. Step 2 – Prepare the Work Permit Application Dossier
After receiving approval, HR personnel prepare and legalize the required documents. A standard application includes:
- Application Form (Form No. 11/PLI);
- Health Certificate (issued within the previous 12 months);
- Criminal Record Certificate issued overseas and in Vietnam (issued within six months);
- Certified passport copy;
- Two passport-size photographs (4 × 6 cm);
- Educational qualifications (Bachelor’s, Master’s, etc.);
- Certificates proving three to five years of relevant professional experience.
All foreign documents must undergo consular legalization before submission.
3.3. Step 3 – Submit the Application
The complete dossier must be submitted to the competent authority at least 15 days before the employee begins work. Late submission may result in rejection or administrative sanctions. Employers first submit documents electronically. After online acceptance, the original paper documents are submitted to the One-Stop Service Center to receive an official receipt.
3.4. Step 4 – Review and Issuance
The statutory processing time is five working days after receiving a complete and valid application. Authorities verify:
- Qualifications;
- Criminal records;
- Consistency with the approved foreign labor demand.
If approved, the original Work Permit is issued. If rejected, the authority must provide written reasons.
4. Work Permit Validity and Professional Services
4.1. Maximum Validity Period
Article 10 of Decree No. 152/2020/ND-CP provides that work permit validity depends on:
- Employment contract duration;
- Assignment letter from the parent company;
- Project duration.
However, the maximum validity is two years. A work permit may only be renewed once (up to another two years). Afterward, a completely new application must be submitted.
4.2. Common Difficulties When Applying Independently
Many HR departments encounter difficulties such as:
- Forgetting the mandatory 15-day recruitment advertisement;
- Complex consular legalization procedures;
- Matching job titles between experience certificates and work permit applications;
- Frequent requests for amendments.
These issues often delay project schedules.
4.3. Why Use a Professional Work Permit Service?
The most efficient solution is to engage a professional work permit consulting service. Experienced legal specialists will:
- Prepare labor demand reports;
- Handle consular legalization;
- Arrange certified translations;
- Prepare all official forms;
- Submit applications directly.
Professional assistance significantly increases approval rates while minimizing delays and legal risks.
4.4. Integrated Support for Health Checks, Criminal Records, and Temporary Residence Cards
A comprehensive service extends beyond obtaining the work permit. Professional providers also assist with:
- Health examinations at authorized hospitals;
- Vietnamese Criminal Record Certificate (No. 1);
- Visa conversion;
- Temporary Residence Card (TRC) applications valid for up to two years.
This provides foreign employees with a complete legal solution for living and working in Vietnam.
Complying with Vietnam’s work permit regulations is essential for ensuring business stability and sustainable growth in an international business environment. The process requires careful preparation, in-depth legal knowledge, and practical experience. To save time, reduce costs, and avoid unnecessary penalties, let our professional work permit consulting team support your business. With extensive experience handling thousands of successful applications, we provide fast, reliable, and comprehensive legal solutions. Contact us today via Hotline: (+84) 28 3820 1213 to start your application.
If you have any questions, please contact our Hotline at (028) 3820 1213 or email us at [email protected] for prompt consultation and support. With an experienced team, Service thanhlap.wacontre.com is always ready to serve customers in the most enthusiastic and efficient manner. (For Japanese customers, please contact Hotline: (050) 5534 5505).
