Chinese and Korean nationals working in Vietnam — work-permit files have nationality-specific points many companies miss, causing rejections and months of delay. This article flags the particular notes by nationality.
1. Four foreign-worker categories: classify first
- Experts: university degree plus relevant experience — the most common route for engineers and managers;
- Managers: holding management titles in the enterprise — directors, department heads;
- Executive directors: heads of branches or representative offices;
- Technical workers: technical training plus experience — for skilled workers;
- Wrong category: a weak file from the start — get the category right before preparing documents.
2. Chinese degrees: how does legalisation work?
- The rule: Vietnam is not in the Apostille Convention — foreign documents need consular legalisation;
- The chain: notarise in China → Chinese Foreign Ministry (or authorised body) → Vietnamese Consulate in China;
- Degrees: university diplomas, professional certificates — every Chinese-issued document goes through this;
- Timing: consular legalisation takes weeks — start before the worker travels;
- Common mistake: bringing original Chinese-language degrees over and starting then — late and costly.
3. Korean degrees: similar, with notes
- Same chain: Korea likewise doesn’t use Apostille with Vietnam for this purpose — similar consular legalisation;
- Advantage: Korea’s notarial system is standardised — fewer rejections;
- Korean language: still needs certified translation into Vietnamese;
- Work experience: Korean employers’ experience certificates also need legalisation;
- Note: don’t assume “Korea is easier” — the procedure is the same.
4. Certified Chinese/Korean translation: where?
- Requirement: Vietnamese translations must be certified by a notarial practice or justice department;
- Where: notary offices in Hanoi, HCMC, Haiphong — many work with Chinese/Korean collaborators;
- Quality: mistranslated technical terms/titles cause confusion — pick an experienced provider;
- Consistency: personal and company names translated uniformly across the whole file;
- Tip: translate the whole set at once — not piecemeal.
5. Health certificates: a common rejection point
- Requirement: health certificate from a qualified medical facility — within validity;
- Done in China/Korea: acceptable if legalised — but often scrutinised in practice;
- Advice: have workers re-examined in Vietnam — faster, safer, cheaper than arguing;
- Hospitals: designated hospitals for foreigners — get the list first;
- Validity: health certificates expire — don’t examine too early.
6. Criminal records: start early
- Chinese: apply at the public-security bureau of the household registration locality — then consular-legalise;
- Korean: apply in Korea — similar process;
- Already in Vietnam: if resident long enough — a Vietnamese criminal record may work;
- Timing: the slowest item in the file — start it first;
- Expiry: criminal records have validity periods — time it so it’s valid at filing.
7. Approval of foreign-labour demand
- Mandatory step: before the work permit, the company needs approval of its foreign-labour demand;
- Where: the provincial Department of Home Affairs (formerly DOLISA) of the head-office province;
- Justification: why no Vietnamese could be hired — reasons must be convincing;
- Timing: file well before the intended start date (check current rules);
- No approval: the work-permit file will not be accepted.
8. Work-permit exemptions: who qualifies?
- Exempt categories: some cases are exempt — owners, capital contributors, short-stay experts;
- Not self-declared: exempt cases still need reporting/confirmation to labour authorities — not “nothing to do”;
- Short stays: working under the day threshold — check current conditions;
- Fatal error: assuming “exempt” then not reporting — still penalised;
- Advice: the exempt/non-exempt line is thin — ask first, don’t guess.
9. Realistic timeline: don’t promise early
- Overseas legalisation: weeks — depends on Chinese/Korean authorities;
- Certified translation: days — once documents are complete;
- Demand approval: per regulations — plus file-correction time;
- Permit issuance: after a complete file — allow buffer;
- Total: start to permit in hand — counted in months, not weeks.
10. Document checklist by nationality
- Degrees consular-legalised? (CN/KR)
- Certified Vietnamese translations — consistent?
- Criminal record still valid?
- Health certificate — examined in Vietnam?
- Foreign-labour demand approval obtained?
- Expert/manager category — correct?
11. Renewing work permits: no gaps
- Timing: file renewal before the permit expires — allow processing time;
- Renewal file: lighter than a new application — but still needs updated documents;
- Expiring first: working during the gap counts as unlicensed employment;
- Position changes: new title/company means re-issuance, not renewal;
- Tracking: companies should keep a register of all foreign workers’ permit expiries.
12. Temporary residence cards after the permit
- Sequence: work permit → temporary residence card (usually 1–2 years) — replaces visas;
- Benefit: no repeated visa extensions — easier travel;
- Family: spouses and children get dependent TRCs — legalised marriage/civil documents;
- Permit expiry: the TRC is linked to the work permit — when the permit ends, so does the card;
- Return: contract termination — surrender the card per regulations.
13. Social insurance for foreign workers
- The rule: foreign workers with work permits may owe Vietnamese social insurance — check current thresholds;
- Exemptions: intra-company transferees and short stints often exempt — get it confirmed;
- Cost: employer + employee contributions — budget them from day one;
- Benefits: what the worker actually gets — often limited for foreigners, explain honestly;
- Compliance: under-declaring foreign payroll is a classic audit finding — declare properly.
14. Quick answers
- Can a worker start while the permit is pending? No — waiting means waiting, not working;
- Does the company or the worker apply? The company — the worker supplies personal documents;
- What if documents are rejected twice? Stop and diagnose — repeated filing of the same file wastes months.
15. Work permits for remote and hybrid roles
- The question: a Chinese expert mostly in China, occasionally in Vietnam — permit or not;
- The test: physical work in Vietnam triggers the rules — Zoom calls from China don’t;
- Short visits: under the exemption threshold, reporting may suffice — confirm the current threshold;
- Pattern risk: repeated short visits look like continuous work — authorities notice patterns;
- Clean approach: frequent flyers get proper permits — cheaper than an enforcement surprise.
16. Terminating foreign workers
- Work permit: revoked/returned when employment ends — the company’s duty;
- Residence card: surrendered — overstaying after termination is the worker’s risk;
- Severance: Vietnamese labour law applies — severance rules don’t bend for foreigners;
- Notice: written termination notices — verbal dismissals create disputes;
- Handover: document the knowledge transfer before the expert leaves.
17. The employer’s compliance file
- One file per worker: permit, contract, passport copies, insurance — inspection-ready;
- Expiry calendar: permits, TRCs, passports — three dates per worker to track;
- Reporting: periodic foreign-labour reports to authorities — don’t skip them;
- Inspections: labour inspectors visit — a clean file turns inspections into formalities;
- Penalties: unlicensed foreign work draws fines per worker — multiply by your headcount.
18. Sector notes: manufacturing vs services
- Manufacturing: technical-worker permits dominate — vocational certificates matter most;
- Services: expert/manager categories — degrees and experience letters;
- Construction: project-based permits — aligned to project timelines;
- Tech: fast-moving roles — job titles must match permit categories, not internal jargon.
19. Korean E-7 and Chinese equivalents: context
- Korea’s E-7: Korea’s own work-visa category for foreign professionals — relevant when Korean staff rotate between Seoul and Hanoi;
- What matters in Vietnam: Vietnam classifies by its own four categories — Korean or Chinese home-country labels don’t transfer;
- Documents: a Korean E-7 holder’s experience certificates still need Vietnamese legalisation;
- Don’t confuse: home-country visa types never substitute for a Vietnamese work permit.
Contact us
FLAT Law Firm advises Chinese investors throughout the Vietnam investment cycle — from deal structuring and licensing to operations and compliance. Contact us for advice tailored to your project.
This article has been quality-reviewed by the FLAW AI Legal Council
