Foreign Labor and Work Permits in Vietnam

FDI companies in Vietnam commonly need foreign experts, managers or technicians to implement a project, transfer technology and run a plant. Foreign labor, however, is not only an HR question: it involves the work permit, the exemption cases, visas, the temporary residence card, the employment contract, reporting obligations, personal income tax and compliance inspection. For Chinese-speaking investors, the file usually has to be explained in parallel to the parent company and to the Vietnamese authority.

FLAT LAW FIRM helps companies review the position, the expert eligibility conditions, the individual’s documents, the legalisation of foreign papers, the filing route, and the exposure created by employing a foreign national without the correct permit.

At a glance: work permits

Suitable for	FDI companies recruiting foreign experts, managers, executive directors or technical staff, and investors transferring personnel into Vietnam.
Key documents	Passport, qualifications, evidence of experience, the corporate file, the employment contract or transfer letter, and legalised foreign documents.
Points to check	Whether the position requires a permit or qualifies for exemption, consistency of job title, experience and qualifications, and the validity dates of the permit, visa and residence card.

Who this service is for

FDI companies recruiting foreign experts, managers, executive directors or technical workers.
Chinese-speaking investors transferring personnel to Vietnam to manage a project.
Companies applying for a new, renewed or re-issued work permit, or for confirmation of exemption.
Companies encountering difficulty over qualifications, experience, job title or place of work.
HR functions carrying out a periodic foreign labor compliance review.

Legal issues clients commonly face

The difficulty usually lies in evidencing that the position, the experience and the qualifications correspond. A job title used internally by the parent company may not match how the role is classified in a Vietnamese file.

Foreign documents need consular legalisation, translation and certification in the required form. Where names, dates, job titles or periods of experience are inconsistent, the authority is likely to ask for the file to be supplemented.

The company also needs to manage the validity of the visa, the temporary residence card, the employment contract, the place of work and the reporting obligations, so as to avoid exposure on inspection.

How FLAT LAW FIRM supports clients

Assessing whether the position requires a work permit or falls within an exemption.
Reviewing the conditions applying to experts, managers, executive directors or technical workers.
Preparing the individual and corporate document checklist, and guiding legalisation and translation.
Preparing the application for a new, renewed or re-issued permit, or for confirmation of exemption.
Advising on how this connects to the visa, the temporary residence card, the employment contract and personal income tax.
Carrying out foreign labor compliance reviews for FDI companies.

Working process

Taking details of the company, the position, nationality, the individual’s documents and the intended start date.
Determining the type of application: new, renewal, re-issue or exemption.
Listing the documents to be prepared and the points needing adjustment.
Preparing the file, coordinating signature and filing with the authority competent at the time.
Following up on the response and supplementing or explaining the file where required.
Advising on managing validity dates and the obligations that follow once the permit issues.

Documents to prepare

Passport, photographs, qualifications, confirmation of experience or evidence supporting the position.
Health certificate and criminal record certificate or equivalent where required.
ERC, IRC, operating licences and details of the company’s place of work.
Employment contract, appointment decision, transfer letter or internal documents.
Foreign documents already legalised, translated and certified.
Visa and temporary residence card details, or the planned date of entry.

Expected timeline

Timing depends on the type of application, how ready the foreign documents are, the schedule for consular legalisation, the health certificate, the criminal record certificate and how the file is allocated for processing at the time of filing. A company should prepare ahead of the intended start date, so that personnel do not arrive in Vietnam before they are entitled to work.

Common legal risks

Employing a foreign national before the appropriate permit or exemption confirmation is in place.
Job title, experience and qualifications that are inconsistent between the file and reality.
Failing to track the validity of the permit, visa, residence card and employment contract.
Not updating the place of work or a change of position.
Foreign documents not legalised or translated in the required form.
Having no plan for responding when the authority asks for an explanation.

Legal update

In any particular matter, a foreign labor file should be reviewed alongside the two-tier local government model operating from 1 July 2025 and the new administrative addresses following the reorganisation of administrative units. Depending on the locality, the type of application and how processing is allocated at the time of filing, the competent authority may differ.

The full text of the instruments referred to above can be consulted through the Government legal documents database. The content of this page should be checked against the instruments in force at the date of filing.

Why FLAT LAW FIRM

We understand how FDI companies and Chinese-speaking investors move personnel. Our team can explain the documentary requirements in Vietnamese, Chinese and English, so that the parent company prepares the right papers from the outset.

Frequently asked questions

Does a foreign employee always need a work permit?

Not in every case, but an exemption usually still requires a confirmation or supporting file.

Do foreign qualifications and experience need legalisation?

Foreign documents normally require consular legalisation, translation and certification, unless an exemption or another mechanism applies.

Can the person work while the permit is pending?

A company should be cautious. Working without the appropriate permit or confirmation can create exposure to penalties.

Is the work permit connected to the temporary residence card?

Yes. The work permit or exemption confirmation is usually an important basis for processing the visa and residence card.

Can FLAT LAW FIRM support files for Chinese experts?

Yes. We prepare, review and explain the file in Vietnamese, Chinese and English.

Speak with FLAT LAW FIRM

Please send the documents you hold, your commercial objective and the expected timetable so that our team can review the next step.

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