Introduction
Securing a Vietnam work permit allows foreign talent to bring specialised knowledge, technology, and international management experience to local businesses. However, employing foreign workers in Vietnam requires strict regulatory compliance. Before work begins, the employer must identify the correct compliance route: a standard work permit, a certification of work permit exemption Vietnam, or a statutory notification where permitted.
Decree No. 219/2025/ND-CP, effective 7 August 2025, is the principal implementing regulation for foreign workers in Vietnam. It integrates the foreign-labour demand explanation with the work-permit application and revises a number of job-position criteria and procedures.
1. Who needs a work permit?
As a general rule, a foreign citizen working in Vietnam within the regulated working forms and job positions requires a work permit unless a statutory exemption applies. There is no reliable blanket rule that “work under 30 days is exempt.”
| Scenario | Usual compliance route | Key point |
| Employment contract or long-term work as a manager, executive director, expert or technical worker | Apply for a work permit. | The legal position, working form and evidence must align. |
| Manager, executive director, expert or technical worker working for a total of under 90 days in a calendar year | No exemption certificate; notify at least 3 working days in advance. | Track total days from 1 January to 31 December and evidence the position. |
| Qualifying LLC owner/member or JSC chair/board member with a capital contribution of VND 3 billion or more | No exemption certificate; notify at least 3 working days in advance. | Retain evidence of status and capital value. |
| Intra-corporate transferee in one of the 11 WTO service sectors, employed abroad for at least 12 continuous months | Apply for a certification of exemption. | Evidence commercial presence, transfer relationship and prior employment. |
| Foreigner married to a Vietnamese citizen and residing in Vietnam | Exempt; complete the statutory notification. | Marriage does not replace residence, civil-status and labour notification evidence. |
“Work-permit exempt” does not mean “paperwork-free.” Depending on the exemption, an employer must either obtain a certification that the worker is not subject to a work permit or submit a pre-work notification.
2. Four qualifying job positions in 2026
| Position | Core qualification | Typical supporting evidence |
| Manager | An enterprise manager under the Law on Enterprises, or the head/deputy head of an agency or organisation. | Charter, corporate office evidence, appointment or transfer decision. |
| Executive director | Head of a branch, representative office or business location; or head directly managing a field with at least 3 years of relevant experience. | Operating registration, organisation chart, appointment and relevant experience confirmation. |
| Expert | Normally, a university degree or equivalent plus at least 2 years of relevant experience. Certain priority fields may use a relevant degree plus at least 1 year of relevant experience. | Degree/certificate and foreign employer’s experience confirmation; eligible prior Vietnamese permit documents where applicable. |
| Technical worker | At least 1 year of training plus 2 years of relevant experience; or at least 3 years of relevant experience. | Training evidence and/or foreign employer’s experience confirmation. |
Relevance is central. The proposed title, field of study, job description, experience and the employer’s business should form a coherent evidentiary record. The authority may request clarification or additional documents where that connection is unclear.
3. Core application documents
- The employer’s combined explanation of foreign-labour demand and work-permit application in the prescribed form.
- A health certificate issued by an eligible medical provider. A foreign health certificate is accepted only where a mutual-recognition treaty or arrangement applies and the statutory validity requirements are met.
- A valid passport and two compliant 4 x 6 cm colour photographs.
- A Vietnamese or foreign criminal-record certificate/equivalent issued no more than six months before filing; an integrated online process may be available where the conditions are met.
- Evidence of the working form, such as an intra-corporate transfer letter, economic agreement, service contract or overseas assignment document.
- Evidence that the worker qualifies as a manager, executive director, expert or technical worker.
Foreign-issued documents generally require consular legalisation unless an exemption applies under a treaty, reciprocity or Vietnamese law, followed by Vietnamese translation and certification. The exact authentication chain depends on the issuing country, document and applicable exemption; it should not be described as a single universal notarisation process.
4. Procedure and timing
| Stage | Action | Timing/legal note |
| 1. Classification | Determine working form, position and permit/exemption/notification route. | Complete before fixing the assignment or start date. |
| 2. Document preparation | Criminal record, health, degree, experience, appointment, legalisation and translation. | Actual timing depends on the issuing country and document quality. |
| 3. Filing | File within 60 days but not less than 10 days before the proposed start date. | Applications may be routed through the local Public Administrative Service Centre; e-transactions use the National Public Service Portal. |
| 4. Review | Authority assesses demand and the permit application. | 10 working days after receipt of a complete dossier; correction time is outside that valid-dossier period. |
| 5. Post-approval | For employment, sign the written labour contract before work begins; manage immigration and records. | Permit term follows the relevant underlying document, capped at 2 years. |
The provincial People’s Committee is competent and may delegate the function locally. Employers should confirm the receiving authority where work will occur. Multi-province assignments carry separate jurisdiction and notification rules.
5. Renewal, reissuance and job changes
- A renewal application is filed at least 10 but no more than 45 days before expiry. A permit may be renewed once, for up to 2 years.
- Reissuance applies to loss, damage or specified administrative-data changes while the permit remains valid.
- A change in job position or working form may require a new permit even if the employer remains the same.
- Work for a different employer requires the appropriate new work-permit process even while the current permit remains valid.
- A work permit does not itself replace a visa or temporary residence card; labour and immigration planning must be coordinated as separate legal processes.
6. Common risks
| Mistake | Risk | Control |
| Selecting the wrong legal position or relying on an internal title | Qualification cannot be established; clarification or rejection. | Map actual authority and duties to the statutory definition. |
| Degree, experience and Vietnamese role do not connect | Failure to establish relevance. | Prepare a degree–experience–duties matrix and standardise experience letters. |
| Name, passport number or birth date mismatch | Correction, affidavit or refiling. | Cross-check all documents against the current passport. |
| Expired/ineligible criminal record or health certificate | Invalid dossier. | Track issue dates, issuing bodies and legalisation/translation milestones. |
| Work starts before compliance is complete | Administrative penalties and possible compulsory exit/deportation consequences. | Do not assign substantive work until legal authority to work is in place. |
| Passport, position, form or workplace changes are not assessed | Permit no longer matches actual work. | Create an HR trigger for every foreign-worker change. |
Frequently asked questions
1) Is every foreign worker staying under 90 days exempt?
No. The under-90-day rule applies to a manager, executive director, expert or technical worker, calculated by total days in the calendar year. A notification must still be submitted at least three working days before work begins.
2) Does marriage to a Vietnamese citizen remove all work-permit formalities?
The worker may be exempt if statutory conditions are met, but the employer must still complete the required notification and keep evidence of marriage, residence and employment.
3) Must the health examination be completed in Vietnam?
Not in every case. A foreign certificate may be used where a relevant mutual-recognition treaty or arrangement exists and validity rules are met. In practice, examination at an eligible Vietnamese facility is often simpler.
4) How long does a work-permit application take?
The statutory period is 10 working days after receipt of a complete dossier. Total project time is longer when document collection, legalisation, translation or corrections are required.
5) How long is a work permit valid?
The term follows the relevant employment, assignment, contract or licence document, but cannot exceed two years. A permit may be renewed once for up to two years.
6) Can a permit holder work in more than one province?
Potentially, within the permit’s scope and term, but the employer must notify the competent authority in the additional province at least three days before the work begins.
7) Does a change of title require a new permit?
It may. Under Decree No. 219/2025/ND-CP, a change in the job position or working form stated on the permit requires a new work-permit procedure even if the employer does not change.
8) Is a work permit the same as a temporary residence card?
No. A work permit or exemption certification evidences authority to work; visas and temporary residence cards are governed by immigration law and have separate conditions and filings.
Conclusion
Effective foreign-worker compliance starts with correct classification, not document collection. Employers should assess the working form, legal position, exemption, provincial authority and immigration plan before confirming a start date. A coherent evidentiary record and a realistic timetable materially reduce delay and rejection risk.
TT Collab supports employers with filing roadmaps, role-alignment review, foreign-document checks and post-permit planning. Advice must be tailored to the worker’s nationality, position, working form, location and documents.
Key legal references
- Labour Code No. 45/2019/QH14, particularly Articles 151–157 on foreign workers in Vietnam.
- Decree No. 219/2025/ND-CP dated 7 August 2025 on foreign workers working in Vietnam.
- Resolution No. 24/2026/NQ-CP dated 29 April 2026 on temporary administrative simplification and delegation; implementation instruments should be checked at filing.
- Decree No. 12/2022/ND-CP on administrative penalties in labour and social insurance, remaining in force through 9 September 2026; Decree No. 283/2026/ND-CP dated 15 July 2026 takes effect on 10 September 2026 and replaces Decree No. 12/2022/ND-CP.
- Law on Entry, Exit, Transit and Residence of Foreigners in Vietnam No. 47/2014/QH13, as amended, and relevant visa/temporary-residence instruments.
- Applicable rules on consular legalisation, certification, health examinations, criminal records and electronic transactions.
Disclaimer: This material provides general information for website publication. It is not legal, employment or immigration advice and does not guarantee a licensing outcome. Rules and administrative practice may change, and results depend on the facts, documents and competent authority in each case. Employers and workers should obtain professional advice before assigning work, entering into commitments or filing an application. TT Collab accepts no responsibility for decisions based solely on this general guide.
