Labour and Employment

Chinese and Korean Workers: Work Permit Document Notes

Chinese and Korean Workers: Work Permit Document Notes

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.

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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