A work permit does not automatically grant a temporary residence card (TRC) — it is only one document in the TRC application file. Many foreign workers are surprised to learn that, even with a work permit in hand, they still need their employer to invite, sponsor and complete a separate procedure. This article lists everything “else” needed once you have a work permit, based on the documents in force as of 14 October 2026.
1. Distinguish from the start: LD1 vs LD2
The “additional” document differs between the two categories (Clauses 16/16a, Article 8 of VBHN 62/VBHN-VPQH):
- LD2 = the category requiring a work permit — the additional document is a copy of the valid work permit;
- LD1 = the work-permit-exempt category — the additional document is the work-permit-exemption confirmation (issued by the Department of Home Affairs under Decree 219/2025/ND-CP).
The rest of this article focuses on LD2 (work permit already obtained).
2. Where the work permit sits in the TRC file
Under Point d, Clause 1, Article 37 of VBHN 62, the work permit is the “document proving eligibility under Clause 1, Article 36” — i.e. proof that the worker belongs to a TRC-eligible category. It does not replace the three other document groups of the standard TRC file. Submit a copy of the valid work permit (with the original for cross-checking).
3. Full document checklist (Article 37)
- Employer’s application letter on the new NA6 form (issued with Circular 70/2026/TT-BCA, applicable from 1/7/2026);
- TRC application declaration with photo on the new NA8 form + 01 loose 2×3 photo;
- The worker’s original passport (visa must be for the correct LD purpose);
- Certified copy of the valid work permit (with original for cross-checking);
- The sponsoring enterprise’s legal file — required for the first application (business registration / investment certificate, seal-and-signature specimen registration on form NA16);
- Temporary-residence registration confirmation from the ward/commune police — when requested by the receiving authority.
Note on forms: from 1/7/2026 only the new NA6/NA8 (and NA7) forms under Circular 70/2026/TT-BCA are accepted — files using the old forms will be refused.
4. Who files? Where? How long?
- The employer files on the worker’s behalf — the worker does not file directly (Clause 2, Article 37);
- File at the immigration authority of the locality where the enterprise is headquartered;
- Processing time: 05 working days from receipt of a complete, valid file (Article 37);
- TRC fee for validity up to 02 years: USD 145 (Circular 28/2026/TT-BTC, effective 1 April 2026).
5. LD TRC validity and its link to the work permit
LD1/LD2 temporary residence cards are valid for no more than 02 years (Clause 5, Article 38), at least 30 days shorter than the remaining passport validity (Clause 1, Article 38). In practice, the TRC duration is further limited by the remaining validity of the work permit — a work permit lasts at most 02 years under Decree 219/2025/ND-CP, and the TRC cannot outlast the work permit.
Practical note: in practice, immigration authorities often require the work permit to remain valid for at least 12 months at the time of TRC filing. This is applied practice, not a figure written into law — but workers should check proactively. The safe rule:
- Work permit about to expire → extend/re-issue the work permit first, then apply for the TRC;
- Expired work permit → the LD TRC loses its legal basis.
6. Already in Vietnam on an e-visa or DN visa?
A worker already in Vietnam on an e-visa or DN visa who has just been granted a work permit does not need to exit: the visa purpose may be converted to LD2 right in Vietnam (Point d, Clause 4, Article 7 and Article 19 of VBHN 62), followed by an LD2 TRC application per the checklist in section 3.
7. Three mistakes to avoid
- “A work permit automatically means a TRC” — wrong; the employer must still sponsor and complete a separate procedure;
- Confusing LD1 with LD2 — the “additional” documents differ (exemption confirmation vs work permit);
- Working while holding another TRC category (DT, DN) when a work permit is required — a breach of the duty to “act in line with the entry purpose” (Point b, Clause 2, Article 44). The work permit and the LD TRC are two different documents and do not replace each other.
Authority update: work permits and work-permit-exemption confirmations are now issued by the Department of Home Affairs (no longer the Department of Labour, Invalids and Social Affairs). Any old guidance citing Decree 152/2020 or 70/2023 is outdated — Decree 219/2025/ND-CP (effective 7/8/2025) replaced both.
Further reading
The information above is for reference only and does not constitute legal advice. The receiving authority may request additional documents depending on the case; workers and employers should contact our lawyers via the Contact page of FLAT Law Firm to have the file reviewed before filing.
For reference only, not legal advice. Content quality-checked by the AI Legal Council; not yet reviewed by a human lawyer.