VI In the context of 2026, as Vietnam’s economy continues to solidify its position as an attractive destination for international investment, attracting foreign talent and experts has become a vital factor for many enterprises. However, alongside economic openness is a legal framework that is becoming increasingly stringent and professional. Obtaining a Work Permit is not merely about completing administrative paperwork; it is an affirmation of a business’s commitment to legal compliance before regulatory authorities. With significant shifts in recruitment conditions, job positions, and online application processes this year, mastering accurate information is key to protecting the rights of both employers and foreign employees. To provide you with a comprehensive and precise overview, let’s explore the current legal regulations with Pham Consult.
- Legal Basis for Work Permits for Foreign Labor in Vietnam
A Work Permit is a legal document issued by competent Vietnamese state authorities to foreign employees, allowing them to work legally in Vietnam within a specific position, term, and scope. This is a mandatory requirement for most foreigners working in Vietnam, except for those exempt from Work Permits under the law.
The Work Permit ensures:
– Foreigners work for the correct purpose and in the approved position.
– Businesses employ foreign labor according to legal processes and within permitted quotas.
– It serves as the basis for issuing labor visas (LD) and Temporary Residence Cards (TRC) for long-term work and residence in Vietnam.
- Forms of Foreign Labor in Vietnam
According to Article 2 of Decree 219/2025/ND-CP, foreign laborers working in Vietnam are foreign citizens entering to work in positions specified in Article 3 of the same Decree under one of the following forms:
– Executing labor contracts;
– Intra-company transferees;
– Executing various types of economic, social contracts, or agreements;
– Contractual service providers;
– Service salespersons;
– Volunteers;
– Persons responsible for establishing a commercial presence;
– Transferred from foreign agencies, organizations, or enterprises to work in Vietnam (excluding intra-company transferees);
– Participating in the execution of bidding packages or projects in Vietnam;
– Relatives of members of foreign representative agencies in Vietnam permitted to work under international treaties to which Vietnam is a member;
– Chairpersons or members of the Board of Directors of joint-stock companies; owners or members of limited liability companies with a capital contribution of less than 3 billion VND;
– Executing labor contracts with foreign diplomatic missions or foreign organizations in Vietnam.
- Job Positions for Foreign Labor in Vietnam
Under Article 3 of Decree 219/2025/ND-CP, foreign laborers are recruited into one of the following positions:
a. Manager
A manager is defined as:
– An enterprise manager as prescribed in Clause 24, Article 4 of the Law on Enterprises; or;
– The head or deputy head of an agency or organization as prescribed by law.
b. Executive Director
A foreigner is an executive director if they fall into one of the following cases:
– The head of a branch, representative office, or business location of an enterprise;
– The head who directly manages a specific field of an agency, organization, or enterprise and has at least 3 years of experience in a field suitable for the position they intend to hold in Vietnam.
c. Expert
A foreigner is an expert if they:
– Hold a bachelor’s degree or higher (or equivalent) and have at least 2 years of experience suitable for the intended position in Vietnam;
– Hold a bachelor’s degree or higher in their field of training and have at least 1 year of experience for positions in finance, science, technology, innovation, national digital transformation, or socio-economic priority sectors as determined by authorities.
d. Technical Worker
A foreigner is a technical worker if they:
– Have been trained for at least 1 year and have at least 2 years of experience suitable for the intended position in Vietnam;
– Have at least 3 years of experience suitable for the intended position in Vietnam.
- Application Dossier for a Work Permit
According to Article 18 of Decree 219/2025/ND-CP, the application dossier for a work permit includes the following documents:
(i) Explanatory report on the demand for foreign labor and the request for work permit issuance submitted by the employer.
(ii) Health certificate issued by a qualified medical examination and treatment establishment, except where health examination results have been connected and shared on the Medical Management Information System or the National Health Database. For health certificates issued by competent foreign medical agencies, they are applicable if there is a mutual recognition treaty or agreement between Vietnam and that country/territory, and the certificate remains valid for no more than 12 months from the date of issuance.
(iii) Valid passport.
(iv) Criminal Record Certificate or a document confirming that the foreign worker is not currently serving a sentence, has no unspent convictions, or is not facing criminal prosecution, issued by foreign or Vietnamese authorities. This document must be issued within 6 months prior to the submission date, except where administrative procedures for criminal records and work permits have been integrated through an inter-agency process.
(v) 02 color photos (size 4 cm x 6 cm, white background, straight face, bare head, without glasses).
(vi) Documentation proving the form of employment of the foreign worker, which must be one of the following:
– Assignment Document from the foreign employer appointing the foreign employee to work for a fixed term at a commercial presence within Vietnamese territory, and confirming that the employee has been recruited by that foreign employer for at least 12 consecutive months immediately prior to their entry into Vietnam for work (for cases specified in Point b, Clause 1, Article 2 of Decree 219/2025/ND-CP).
– Assignment Document from the employer appointing the foreign employee, accompanied by the signed contract or agreement (for cases specified in Point c and Point i, Clause 1, Article 2 of Decree 219/2025/ND-CP).
– Service Contract signed between the Vietnamese partner and the foreign partner, and documentation proving that the foreign employee has worked for the foreign enterprise (which has no commercial presence in Vietnam) for at least 24 months (for cases specified in Point d, Clause 1, Article 2 of Decree 219/2025/ND-CP).
– For cases specified in Point đ, Clause 1, Article 2 of Decree 219/2025/ND-CP: Must have a document from the service provider appointing the foreign employee to enter Vietnam to negotiate service provision.
– Assignment Document from the foreign employer appointing the foreign employee to work in Vietnam, ensuring the assignment is consistent with the intended job position (for cases specified in Point h, Clause 1, Article 2 of Decree 219/2025/ND-CP).
– For cases specified in Point l, Clause 1, Article 2 of Decree 219/2025/ND-CP: Must have documentation proving their status as a Manager as defined in Clause 1, Article 3 of Decree 219/2025/ND-CP.
(vii) Documentation proving the foreign employee’s status as a Manager, Executive Director, Expert, or Technical Worker as prescribed in Article 19 of Decree 219/2025/ND-CP.
- Work Permit Issuance Procedure
Within a period of at least 10 days but no more than 60 days prior to the foreign employee’s expected start date, the employer shall submit the application for a work permit. Submission can be made directly, via public postal services, through hired services of enterprises/individuals, or via authorization to the local Public Administration Service Center where the foreign employee is expected to work.
The local Public Administration Service Center shall forward the application—in accordance with legal regulations on administrative procedures under the “one-stop-shop” and “inter-agency one-stop-shop” mechanisms at the one-stop-shop department and the National Public Service Portal—to the competent authority responsible for issuing work permits.
Within 10 working days from the date of receiving a complete and valid application, the competent authority shall review the labor demand approval and issue the work permit to the foreign employee.
In cases where the labor demand is not approved or the work permit is not granted, a written response clearly stating the reasons must be provided within 03 working days from the date of receiving the complete dossier.
Note: For foreign employees as specified in Points a and m, Clause 1, Article 2 of Decree 219/2025/ND-CP, after the work permit is issued, the employer and the foreign employee must sign a written labor contract in accordance with Vietnamese labor laws prior to the expected start date. Upon request, the employer must submit a copy of the signed labor contract to the competent authority that issued the work permit.
