EPC (engineering–procurement–construction) contractors often mobilize hundreds of foreign experts and engineers to Vietnam. But "big project, tight schedule" is no exemption: foreign workers without valid permits may be deported, employers fined, and projects stalled.
This article systematizes the legal framework under the Labor Code 2019.
Table of contents
- 1. The rule: work permits, unless exempted
- 2. The pre-permit step: demand approval
- 3. Exemption categories EPC contractors invoke
- 4. Expert conditions after Decree 70/2023
- 5. Three parallel document layers
- 6. Sanctions
- Q&A
1. The rule: work permits, unless exempted {#s1}
Under Article 151 of the Labor Code 2019: foreign workers in Vietnam must hold work permits, except cases exempted as prescribed.
The rule: permits are mandatory; exemption is an exception to be proven — not the default, no "self-exemption". Many EPC contractors bring experts in first and complete procedures later — a violation from day one.
2. The pre-permit step: demand approval {#s2}
Under Article 152 of the Labor Code 2019: before employing foreign workers, employers must obtain written approval of foreign-worker demand from competent authorities.
This mandatory "pre-permit" step means: without demand approval, the work permit dossier is invalid. The procedure also forces enterprises to explain why Vietnamese workers cannot fill the positions — prepare convincing reasons (project-specific technology requirements…).
3. Exemption categories EPC contractors invoke {#s3}
Article 154 of the Labor Code 2019 lists cases not subject to work permits, which EPC contractors commonly invoke:
- Intra-corporate transferees within the 11 service sectors under WTO commitments;
- Experts, managers, executive directors, technical workers meeting conditions.
Key note: even exempted cases require exemption confirmation procedures with competent authorities — only a written confirmation counts. "Self-assessed exemption" has no legal value.
4. Expert conditions after Decree 70/2023 {#s4}
Decree 219/2025/ND-CP (effective 07/8/2025, replacing Decree 152/2020/ND-CP and Decree 70/2023/ND-CP on foreign workers) is the current instrument. Under the previous regime, experts were required to have:
- A bachelor's degree or equivalent plus at least 3 years of relevant experience; or
- Alternative criteria as prescribed.
Documents: degrees and experience confirmations must be consular-legalized and notarized-translated. EPC contractors should re-check all current foreign worker dossiers under the new rules — many dossiers under old rules no longer qualify.
5. Three parallel document layers {#s5}
Compliant foreign workers need all three layers:
- Approval of foreign-worker demand;
- Work permit or exemption confirmation;
- Visas and temporary residence cards for work purposes.
Permits and visas/residence are parallel layers: a valid permit with a wrong-purpose visa (e.g., entering on a tourist visa then staying to work) is still a violation — common in rushed EPC projects.
Plus: periodic reporting on foreign worker usage as prescribed.
6. Sanctions {#s6}
- Administrative penalties: both workers and employers under Decree 283/2026/ND-CP;
- Deportation: workers without permits/confirmation may be deported;
- Suspension: projects may be suspended from using violating workers — for EPC projects, each idle day means major losses and delay penalties to investors.
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Q&A {#faq}
Q: Can EPC contractors automatically use foreign workers?
A: No. Under Article 151 of the Labor Code 2019, foreign workers in Vietnam must hold work permits, except exempted cases. Before that, enterprises must obtain competent authority approval of foreign-worker demand (Article 152).
Q: Which cases are exempt from work permits?
A: Article 154 of the Labor Code 2019 lists exemptions, including intra-corporate transferees (11 service sectors), experts, managers, executive directors, technical workers meeting conditions… But exemption confirmation procedures are still required — no self-exemption.
Q: What conditions must EPC experts meet?
A: Under the previous regime (Decree 152/2020, amended by Decree 70/2023/ND-CP), experts were required to hold a bachelor's degree or equivalent plus at least 3 years of relevant experience; or alternative criteria as prescribed. Since 07/8/2025, Decree 219/2025/ND-CP has replaced the entire foreign-worker regime, including expert conditions. Documents must be consular-legalized and notarized-translated.
Q: How are foreign workers without work permits handled?
A: Both workers and employers face administrative penalties under Decree 283/2026/ND-CP; workers may be deported. EPC projects may be suspended from using violating workers.
Q: Beyond work permits, what documents do EPC contractors need for foreign workers?
A: Three layers: (1) approval of foreign-worker demand; (2) work permit or exemption confirmation; (3) visas and temporary residence cards for work purposes. Plus periodic reporting on foreign worker usage.
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This article is general legal information and does not replace legal advice for any specific matter.
Need a lawyer for work permits — EPC project compliance? Contact FLAT Law Firm — we handle full-package work permits, exemption confirmations, and visas for foreign experts. Hotline: 0988424851.
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