Quick answer
The conditions for a foreign manager work permit are set out in Article 3, Clause 1 of Decree 219/2025/ND-CP: the worker must be a business manager as defined in Clause 24, Article 4 of the 2020 Enterprise Law, or the head or deputy head of an agency or organization. Unlike the expert route, the manager route requires no university degree and no minimum years of experience — the core condition is that the managerial title genuinely exists in the company’s organizational structure and is proven by the enterprise registration certificate, the company charter, or the appointment decision. The permit is valid for a maximum of 2 years and may be extended once for up to 2 years.
Legal basis
Decree 219/2025/ND-CP (effective 7 August 2025, replacing Decree 152/2020/ND-CP and Decree 70/2023/ND-CP), at Article 3, Clause 1, defines a manager as a business manager under Clause 24, Article 4 of the 2020 Enterprise Law, or the head or deputy head of an agency or organization as prescribed by law.
Clause 24, Article 4 of the 2020 Enterprise Law lists “business managers” as: private enterprise owners, general partners, Chairs of Members’ Councils, company Presidents, Chairs of Boards of Directors, Directors or General Directors, and other individuals holding managerial titles with authority to conclude the company’s transactions on its behalf as provided in the company charter.
Who qualifies as a manager?
Group 1: Business managers under the Enterprise Law
This is the most common group in FDI enterprises: General Directors, company executive directors, factory directors, finance directors, Chairs of Members’ Councils / company Presidents in LLCs, Chairs of Boards of Directors in JSCs — provided the title is recorded in the company charter and the enterprise registration certificate (for legal representatives) or the appointment decision of the owner, Members’ Council, or General Meeting of Shareholders.
Group 2: Heads and deputy heads of agencies or organizations
Applies to foreigners working at non-enterprise organizations: project offices, international organizations, foreign-invested educational institutions, in head or deputy-head roles. Proof is the appointment decision or assignment document issued by the competent organization.
No degree or experience threshold — but do not misunderstand
The law sets no degree or minimum-experience threshold for the manager route. That does not make the dossier “easier” than the expert route. The processing authority will scrutinize two points:
- Authenticity of the title: the managerial title must genuinely exist in the charter, organizational chart, and appointment decisions. A “phantom” title — appearing only on the permit application but not in the organizational structure — is grounds for refusal.
- Suitability of the person: when justifying the need to employ foreign workers, the enterprise must show why this managerial position requires a foreigner (management experience, group knowledge, investor requirements). A person with no management background registered as “General Director” will be very hard to justify.
Dossier proving the manager position
In the new work permit application dossier (Article 18 of Decree 219/2025/ND-CP), documents proving the manager position include:
- A copy of the enterprise registration certificate (showing the legal representative — if the worker is the legal representative);
- The company charter (showing the organizational structure and managerial titles);
- The appointment decision issued by the company owner, Members’ Council, Board of Directors, or General Meeting of Shareholders — stating the title and term of appointment;
- For capital-contributing members concurrently holding managerial titles: documents proving membership status.
The title across these documents must be consistent with the title registered on the work permit application form.
Distinguishing managers from executive directors
These two groups are easily confused but have different criteria. A manager is tied to a managerial title in the corporate structure under the Enterprise Law (e.g., the company’s General Director). An executive director under Article 3, Clause 2 of Decree 219/2025/ND-CP is the head of a branch, representative office, or business location — or a person heading and directly managing a business field, with at least 3 years of experience required. Example: a “Chief Representative” belongs to the executive director group; a “Factory Director” of an LLC belongs to the manager group. Choosing the wrong group means applying the wrong proof standards and risks a returned dossier.
Foreign legal representatives
A special case to note: a foreigner who is the enterprise’s legal representative (stated on the enterprise registration certificate) is typically also a manager and still needs a work permit, unless exempt (e.g., owners or capital-contributing members with contributions of VND 3 billion or more are exempt under Article 7 of Decree 219/2025/ND-CP, but must still complete the exemption certification procedure). Enterprises should carefully review each person’s status to choose the correct procedure: permit application or exemption certification.
Manager permits and corporate governance records
Because the manager category is proven through corporate documents rather than degrees, the quality of the company’s governance records directly determines dossier strength. Enterprises should keep the charter, Member Council or Board resolutions, and appointment decisions organized and up to date: a resolution appointing the General Director that has expired without renewal, or a charter that does not list the claimed managerial title, will stall the application. Foreign-invested LLCs with a single member should ensure the owner’s appointment decision clearly states the title and term. For joint-stock companies, the General Meeting of Shareholders’ election minutes for the Board Chair serve as the key proof. When the same foreigner is both an owner and a manager, the dossier should include both the capital contribution proof and the appointment document, so the authority can see the full picture at a glance.
Frequently asked questions
Do deputy department heads or team leaders count as managers?
Check against Clause 24, Article 4 of the 2020 Enterprise Law and the company charter. Middle-management titles (deputy heads, team leaders) generally do not fall within the “business manager” definition unless the charter recognizes them as persons authorized to conclude transactions on behalf of the company. Such cases often fit the expert route better if the degree and experience criteria are met.
Must managers prove management experience?
The law sets no minimum years. But when justifying the need for foreign workers, the employer should prepare a work history demonstrating the candidate’s management capability to strengthen the dossier.
Does a foreign Board Chair contributing less than VND 3 billion need a permit?
Yes. The exemption in Article 7 of Decree 219/2025/ND-CP applies only to contributions of VND 3 billion or more. Below that threshold, a foreign Board Chair directly participating in management must still obtain a manager work permit.
Can a manager work permit holder also be covered by social insurance?
Yes. Foreign managers working under labor contracts for Vietnamese entities participate in compulsory social insurance like other foreign workers — 30% of the SI salary in total (employee 9.5%, employer 20.5%) — and are not covered by unemployment insurance.
What happens to the permit if the manager resigns?
The permit becomes invalid when the underlying employment relationship ends, and the employer must complete revocation and return procedures. The departing manager may not transfer the permit to a new employer; the new employer applies afresh.
FLAT Law Firm advises on identifying the correct manager category, reviewing charters and appointment decisions, and preparing end-to-end work permit dossiers for foreign executives of FDI enterprises. Contact us for support.
This article has been quality-reviewed by the FLAW AI Legal Council. Content is for reference only and does not replace legal advice for your specific case.