Overview On Work Permit Application in Vietnam

Employment of Foreign Workers in Vietnam

Vietnam has become an increasingly attractive destination for foreign professionals, especially in positions of management, executive leadership, technical expertise, and specialized skills that the domestic labor market has yet to fully meet. To work legally in Vietnam, foreign nationals must comply with statutory conditions on age, qualifications, professional experience, health status, and criminal background. In most cases, a Work Permit (WP) is mandatory.

In addition, while foreign workers are not required to contribute to Unemployment Insurance (UI), they are subject to Vietnam’s Social Insurance (SI) system, which provides benefits for sickness, maternity, occupational accidents, work-related diseases, retirement, and survivorship.

Work Permit (WP)

Foreigners who wish to work in Vietnam are generally required to obtain a Work Permit. This document clearly specifies the expatriate’s information such as full name, passport number, date of birth, nationality, workplace, and the sponsoring organization. The application must be signed and submitted by the legal representative of the Vietnamese employer.

Applicants must provide supporting documents, including:

• University or higher qualification (Bachelor or Master’s degree);
  
  

• Health certificate valid for 12 months up to the submission date;
  
  

• Criminal record valid for 6 months up to the submission date;
  
  

• Certificate of employment or proof of work experience.
  
  

The maximum validity of a WP is two years, typically granted for 12–24 months depending on factors such as the term of the labor contract, the assignment period from the foreign employer, or the validity of the sponsoring company’s business license. A WP may be extended once for an equivalent duration. After that, if the foreign employee continues to work in Vietnam, a new application must be submitted.

Cases Exempt from Work Permits

Under Decree 219/2025/ND-CP (effective 7 August 2025), Vietnam provides a comprehensive list of foreign workers exempt from obtaining a WP. This list broadens the scope of exemptions compared to previous regulations and targets key socio-economic sectors.

Exemptions include, but are not limited to:

• Heads of representative offices, projects, or organizations (including NGOs);
  
  

• Short-term assignments (less than 3 months) for service provision or urgent technical troubleshooting;
  
  

• Licensed foreign lawyers practicing in Vietnam;
  
  

• Foreign nationals married to Vietnamese citizens residing in Vietnam;
  
  

• Investors contributing at least VND 3 billion in capital to a company;
  
  

• Foreign journalists with approval from the Ministry of Foreign Affairs;
  
  

• Interns, students, or trainees under recognized agreements;
  
  

• Volunteers carrying out unpaid work under international treaties;
  
  

• Intra-company transferees in 11 WTO-committed service sectors;
  
  

• Foreigners certified by Vietnamese authorities to work in education, finance, technology, science, digital transformation, or other priority areas.
  
  

It is important to note that exemption does not mean automatic waiver. Most expatriates falling under these categories must apply for a Confirmation of WP Exemption from the competent authority. Only certain cases (e.g., short-term assignments, foreign spouses, major investors, etc.) require mere notification.

Revocation of Work Permits

A Work Permit may be revoked in the following circumstances:

1. Expiration of the WP;
   
   

2. Termination of the labor contract;
   
   

3. Inconsistency between the WP and the labor contract;
   
   

4. Performance of work not consistent with the WP;
   
   

5. Written request from the foreign employer to cease sending workers to Vietnam;
   
   

6. Closure or termination of the Vietnamese employer’s operations.
   
   

In such cases, the employer is responsible for revoking and returning the WP to the authorities.

Administrative Penalties

Non-compliance with WP regulations carries significant penalties for both foreign workers and employers.

• For expatriates:
  
  

  • Working without a valid WP;
    
    

  • Continuing to work under an expired WP;
    
    

  • Working without confirmation of WP exemption.
    
    

• Penalties: VND 15 million to VND 25 million, along with deportation.
  
  

• For employers:
  
  

  • Hiring expatriates without a valid WP or exemption.
    
    

• Penalties vary depending on the number of foreign employees involved:
  
  

  • VND 60–90 million for 1–10 workers;
    
    

  • VND 90–120 million for 11–20 workers;
    
    

  • VND 120–150 million for 21 or more workers.
    
    

Key Takeaways

Vietnam’s legal framework reflects a dual objective: attracting skilled foreign talent to support economic development, while maintaining strict control through permits, exemptions, and penalties to ensure compliance. For foreign professionals, this means understanding both obligations (WP, SI contributions) and rights (benefits under social insurance). For employers, it requires rigorous administrative management, from initial applications to renewals and exemption confirmations, in order to avoid legal and financial risks.

 General notes:

• The above is summarised from the current legislations and practices for internal reference only.

• This document cannot be relied upon by any other parties nor included in any submissions, reports, documents or letters required by the relevant regulatory bodies without our prior written consent and/or subject to our approval on the appropriate form and contents; and

• Please kindly noted that SP&A is not a legal firm, our comments provided under this document may include reviewing regulatory documents to be identified as general management consultancy, therefore, should not be considered, nor intended to be, a legal advice.