Quick answer
The conditions for an executive director work permit are set out in Article 3, Clause 2 of Decree 219/2025/ND-CP, covering two cases: (1) being the head of a branch, representative office, or business location of the enterprise — this case requires no proof of years of experience; (2) heading and directly managing a field of an agency, organization, or enterprise — this case requires at least 3 years of experience in a field relevant to the intended job position in Vietnam. Proof documents include the appointment decision and (for the second case) written confirmation of 3 years of experience. The permit is valid for a maximum of 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 2, provides that an executive director is: (a) the head of a branch, representative office, or business location of the enterprise; or (b) a person who heads and directly manages a field of an agency, organization, or enterprise and has at least 3 years of experience in a field relevant to the intended job position in Vietnam.
Case 1: Head of a branch, representative office, or business location
Criteria
A person appointed as head of a branch, representative office, or business location of the enterprise. This is a “title-based” case: only the appointment to the head position must be proven, with no years-of-experience requirement. The most typical situation is the Chief Representative of a foreign trader’s representative office in Vietnam — a position most foreign parent companies fill with an assignee when first entering the market.
Supporting documents
- The enterprise’s decision appointing the head of the branch, representative office, or business location;
- The branch operation registration certificate / representative office establishment license (showing the head’s information);
- For foreign traders’ representative offices: the establishment license issued by the competent authority, stating the Chief Representative’s name.
Case 2: Heading and directly managing a business field
Criteria
A person who heads and directly manages a field (manufacturing, sales, engineering, finance, etc.) of an agency, organization, or enterprise. Unlike Case 1, this case mandatorily requires at least 3 years of experience in the relevant field. Note the words “directly manages”: a person holding the title without actually directing the field’s operations does not qualify.
Supporting documents
- The appointment/assignment decision for the field, clearly stating the management scope;
- Written confirmations of at least 3 years of experience in the relevant field from previous employers — the experience must attach to the field assigned in Vietnam;
- An organizational chart showing the field-head position (if available) to strengthen credibility.
Executive directors in representative offices: special notes
Work permits for heads of foreign traders’ representative offices are very common filings. Key points:
- The Chief Representative works under a form other than a labor contract (usually under the foreign trader’s assignment decision), so the document proving the form of work is the parent company’s dispatch letter — not a labor contract signed with the representative office (a representative office cannot sign a labor contract with its own Chief Representative).
- The Chief Representative is simultaneously the employer applying for their own permit — the enterprise should clearly designate who signs the application.
- If the Chief Representative is the owner of or a capital contributor to the foreign trader with contributions of VND 3 billion or more, they may qualify for work permit exemption (Article 7 of Decree 219/2025/ND-CP) — verify carefully instead of defaulting to a permit application.
Distinguishing from the manager category
The core difference: the manager category (Article 3, Clause 1) attaches to a managerial title in the corporate structure under the 2020 Enterprise Law with no minimum experience requirement; the executive director category attaches to heading a subordinate unit or a business field, and for field management requires 3 years of experience. Practical examples: “General Director of the LLC” — manager category; “Director of the Hai Phong branch” — executive director (Case 1); “Executive Director of Manufacturing” of the company — executive director (Case 2, requiring 3 years of manufacturing experience).
Common mistakes
- Confusing Case 1 with Case 2: registering as a branch head while documents only show general responsibilities, or vice versa — leading to the wrong proof standard being applied.
- Missing 3-year experience proof in Case 2, or experience not tied to the assigned field.
- A representative office signing a labor contract with its own Chief Representative: a representative office is not an independent employer for contracting with its own head — the dossier needs the foreign trader’s dispatch document.
- “Executive Director” as a title in an LLC charter: if it is a managerial title of the company (equivalent to General Director), it falls under the manager category, not the executive director category of Article 3, Clause 2.
Executive directors and enterprise registration records
For Case 1 (heads of branches, representative offices, or business locations), the strongest proof comes from the enterprise registration system itself: the branch operation registration certificate or the representative office establishment license that names the head. Employers should verify that the name on these certificates exactly matches the passport name used in the permit application — including middle names and name order — because even minor spelling differences trigger clarification requests. When a new Chief Representative replaces a former one, the establishment license must be updated first; filing a permit application against an outdated license is a common cause of rejection. For Case 2 (field management), the assignment decision should describe the managed field with the same wording used in the company’s internal organizational documents, so the reviewer can trace the position through the corporate structure without guesswork.
Frequently asked questions
Does a Chief Representative need 3 years of experience?
No. A representative office head falls under point (a) of Article 3, Clause 2 — only the appointment as head must be proven, with no years-of-experience requirement.
Is a factory director an executive director?
It depends on the corporate structure. If “Factory Director” is a managerial title in the LLC’s or JSC’s charter, it belongs to the manager category. If the person is assigned to head and directly manage the manufacturing field (one line of the business), it belongs to the executive director category, Case (b), requiring 3 years of experience.
What if a Chief Representative becomes General Director of a subsidiary?
This is a change of job position and employer, requiring a new work permit application (with demand justification); the old permit may not continue to be used.
How long does processing take?
The competent authority processes a complete new-issuance dossier within 10 working days of receipt. In practice, employers should allow extra time for dossier preparation, consular legalization of foreign documents, and any supplementation requests.
Can an executive director authorize others to file the dossier?
Yes. Dossiers may be filed in person, via public postal service, via hired corporate or individual services, or by authorization. Many enterprises authorize a service provider or their HR department to handle filing and follow-up.
FLAT Law Firm advises on identifying the correct executive director category, preparing appointment and experience-confirmation dossiers, and handling work permit procedures for heads of branches, representative offices, and executive positions 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.
