Foreigners who start a family in Vietnam enjoy many priorities under labor laws to help stabilize their lives. However, recent administrative barriers and changes in the jurisdiction of state agencies have left many businesses confused. Clearly understanding the management procedures will help businesses comply with the law and avoid unnecessary fines
- 1. What are the work permit regulations for foreigners married to Vietnamese citizens?
- 2. Conditions for processing work permits for foreigners married to Vietnamese citizens
- 2. Conditions for processing work permits for foreigners married to Vietnamese citizens
- 3. Reporting procedures instead of applying for a work permit
- 4. All-inclusive services for handling work permits for foreigners married to Vietnamese citizens
1. What are the work permit regulations for foreigners married to Vietnamese citizens?
1.1. Nature: Exempt from work permit requirements
According to Article 154 of the Labor Code 2019, foreigners married to Vietnamese citizens and living in Vietnam do not need to apply for a hard card (Work Permit). The management of work permits for foreigners married to Vietnamese citizens is essentially a procedure where the enterprise submits an “Information Report” to state agencies, thereby confirming that they fall under the work permit exemption category.
See more: Work Permit 2026: Conditions, Documents & Procedures
1.2. Exemption from explaining the demand for foreign labor
The most important update from Decree 70/2023/ND-CP: When recruiting this specific group, enterprises do not need to perform the 15-day job posting to search for Vietnamese workers, nor do they need to submit a application file requesting approval for the demand to use foreign labor. You can sign the contract and carry out the reporting procedure immediately.
1.3. Update on changes in state agency jurisdiction
A vital note for enterprises located in Industrial Zones/Export Processing Zones (IZs/EPZs): Currently, the Management Boards of IZs/EPZs have had their work permit issuance authority revoked. All reporting procedures for married subjects must be centrally submitted to the Department of Labor, Invalids and Social Affairs (DOLISA) or the Ministry of Labor, Invalids and Social Affairs (MOLISA).
1.4. Benefits when signing a labor contract
Upon completing the reporting procedure, employees have the right to sign an Indefinite-Term Labor Contract (instead of being limited to 2 years). They are entitled to fully participate in Social Insurance, Health Insurance, and open salary accounts transparently, just like Vietnamese citizens.
2. Conditions for processing work permits for foreigners married to Vietnamese citizens
2. Conditions for processing work permits for foreigners married to Vietnamese citizens
2.1. Having a legal Marriage Registration Certificate
The core document in the work permit reporting application file for a foreigner married to a Vietnamese citizen is the Marriage Certificate. If the marriage took place abroad, this document must absolutely be Consularly Legalized at the Embassy and accompanied by a notarized translation into Vietnamese.
2.2. Residing and declaring temporary residence in Vietnam
The individual must be currently living in Vietnam. The enterprise needs to provide the Temporary Residence Registration Confirmation issued by the ward/commune police (or a screenshot from the online declaration system) to prove the employee’s actual residential address.
2.3. Having a legal recruiting enterprise or organization
The exemption status is only valid when a legal entity (enterprise, organization) in Vietnam recruits the individual. Individuals cannot report on their own behalf. The recruiting enterprise must be operating legally and is responsible for declaring personnel management information.
2.4. Valid Passport and Visa
At the time of reporting, the foreigner’s passport must be valid. Concurrently, they must be using a valid Visa or Temporary Residence Card (It is highly recommended to use a Visiting Relatives Visa/TRC – symbol TT sponsored by the spouse to ensure maximum application file consistency).
3. Reporting procedures instead of applying for a work permit
3.1. Preparing a streamlined reporting application file
The work permit reporting application file for foreigners married to Vietnamese citizens is very simple, including:
- Information report document (according to DOLISA’s specific form).
- Certified true copy of the Marriage Certificate.
- Certified true copies of the Vietnamese spouse’s Passport and Citizen ID card.
- Certified true copies of the employee’s Passport and Visa.
3.2. Receiving agency: Submit only to DOLISA or MOLISA
As recently updated, the reporting application file is only submitted to 2 agencies:
- MOLISA: For non-governmental organizations (NGOs), national projects, universities, etc.
- Provincial/City DOLISA: For private enterprises, LLCs, and JSCs, including enterprises located inside Industrial Zones.
3.3. Mandatory deadline: Report at least 03 days in advance
The time regulation is extremely strict: The enterprise must submit the reporting application file at least 03 working days prior to the date the foreign employee is expected to start working. Submitting late will be considered an administrative violation.
3.4. Submission method: Encouraged via the Public Service Portal
State agencies currently prioritize receiving application documents via the online Public Service Portal. After submitting online and receiving approval, the enterprise submits the hard copy (paper version) and receives back 01 photocopy stamped “Received” (Incoming dispatch stamp) to serve as proof for internal filing.
4. All-inclusive services for handling work permits for foreigners married to Vietnamese citizens
4.1. Solving difficulties when consularly legalizing the marriage certificate
The most time-consuming step is processing a foreign Marriage Certificate. When using a professional work permit service, specialists will provide all-inclusive support for obtaining consular legalization stamps and notarized translations, helping the enterprise completely eliminate this administrative barrier.
4.2. Preventing fine risks due to late reporting
Many companies are negligent and fail to report, assuming that having a Vietnamese spouse is sufficient. According to Decree 12/2022/ND-CP, the failure to report can result in fines ranging from 2 to 6 million VND (for organizations). Legal services will accurately time the submission, ensuring the enterprise complies 100% with the law.
4.3. Saving time with professional work permit services
With the new regulations, although the procedure is shortened, submitting to the wrong receiving agency (e.g., still submitting to the IZ Management Board) will cause the application file to be returned. Using a professional work permit exemption service helps businesses process the application file perfectly the first time, saving opportunity costs for the HR department.
4.4. Work permit exemption services and TRC (TT) support
After completing the labor reporting procedure, we will provide integrated consultation to help the foreign expert use that exact Marriage Certificate to apply for a 3-year Temporary Residence Card (TT). Contact our Hotline (028) 3820-1213 right away for the safest, fastest, and most comprehensive procedural support!
See more: The Ultimate Guide to the Latest Visa and Temporary Residence Card Regulations
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).
