Data, Technology and Compliance

Foreign workers for EPC contractors: permits and compliance

Minh họa giấy phép lao động và tuân thủ cho lao động nước ngoài của tổng thầu EPC

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 {#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:

  1. Approval of foreign-worker demand;
  2. Work permit or exemption confirmation;
  3. 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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