Hiring Foreign Workers in Vietnam: A Complete Guide to Work Permits

Bringing a foreign expert to work in Vietnam sounds simple — sign a contract, book a flight, arrange housing. In practice, many FDI enterprises stumble at the very first step: the employee has arrived, is sitting at the desk, and the work permit for foreigners in Vietnam still has not been issued. The consequences go beyond an administrative fine of up to VND 150 million for the employer — double the VND 30–75 million applicable to individual employers under clause 1, Article 7 of Decree 283/2026/ND-CP — the employee may face deportation, and the project stalls for lack of key personnel.

This guide walks through the full process — who must apply, dossier preparation, where and when to file, renewal, re-issuance, and handling changes — under the current legal framework: the Labor Code 2019 and Decree 219/2025/ND-CP (effective 7 August 2025, replacing Decree 152/2020), together with the new sanction regime in Decree 283/2026/ND-CP (effective 10 September 2026).

Table of contents

• 1. What is a work permit? Who must hold one?
• 2. Current legal framework
• 3. The six-step work permit process
• 4. Renewal, re-issuance, revocation and special cases
• 5. Costs, timelines and key deadlines
• 6. Common risks and mistakes
• 7. Quick checklist
• 8. Frequently asked questions
• 9. When to engage counsel

1. What is a work permit? Who must hold one?

A work permit is a document issued by a competent Vietnamese state authority authorizing a foreign citizen to work lawfully in Vietnam. It is not a formality: Article 151 of the Labor Code 2019 requires foreign employees working in Vietnam to satisfy all conditions — being at least 18 years old, holding appropriate professional qualifications, technical skills and experience, meeting health requirements, not serving a sentence or under criminal prosecution — and to hold a work permit, except for statutory exemptions.

Who must obtain a work permit?

Article 2 of Decree 219/2025 lists 13 forms of foreign employment in Vietnam. For FDI enterprises, the most common are:

• Performing a labor contract — directly hiring foreign experts or managers to work for the company in Vietnam;
• Intra-corporate transferees — moving personnel from an overseas parent or group company to a commercial presence in Vietnam;
• Performing service contracts or tender contracts — experts deployed for project implementation, installation or technology transfer;
• Transferees from overseas agencies, organizations or enterprises to Vietnam;
• Chairpersons and Board members of joint stock companies; owners and members of limited liability companies with capital contributions below VND 3 billion — a point that surprises many investors: being "the boss" does not automatically mean exemption.

The general rule: unless the employee falls within an expressly listed exemption, a foreigner working in Vietnam must hold a work permit.

Who is exempt from work permits?

Two layers of legislation apply. First, Article 154 of the Labor Code 2019 (clauses 1–8, 8a and 9; clause 8a added from 1 January 2026): owners and capital-contributing members of limited liability companies and Chairpersons and Board members of joint stock companies with capital contributions as prescribed by the Government; heads of representative offices, projects, or persons primarily responsible for international organizations or foreign NGOs in Vietnam; entry for under three months to offer services; entry for under three months to resolve complex technical or technological incidents; foreign lawyers licensed to practice in Vietnam; cases under international treaties; foreigners married to Vietnamese citizens and residing in Vietnam; high-quality digital technology industry human resources (clause 8a, under Law on Digital Technology Industry 71/2025/QH15); and other cases as prescribed by the Government.

Second, Article 7 of Decree 219/2025, which details and expands these into 15 cases — of particular note for businesses:

• Owners and capital-contributing members with contributions of VND 3 billion or more in limited liability companies; Chairpersons and Board members with contributions of VND 3 billion or more in joint stock companies;
• Working under 90 days in a calendar year (1 January to 31 December) as a manager, executive director, expert or technical worker;
• Intra-corporate transferees within the 11 service sectors under Vietnam's WTO commitments, provided the employee was continuously employed by the overseas enterprise for at least 12 months beforehand;
• Foreign journalists accredited by the Ministry of Foreign Affairs; ODA project specialists; persons assigned to teach or manage at educational institutions proposed by foreign diplomatic missions; interns under agreements; holders of official passports working for state agencies; persons responsible for establishing a commercial presence; volunteers under international treaties;
• Persons certified by ministries, ministerial-level agencies or provincial People's Committees to work in finance, science, technology, innovation, national digital transformation or prioritized socio-economic development sectors.

The critical point many employers misunderstand: "exempt from work permits" does not mean "no procedure required." Most exempt cases still require a certificate of work permit exemption (Form No. 01, procedures in Articles 8–9 of Decree 219/2025). Only a few categories are excused from even that certificate — but must still notify the competent authority at least 3 working days in advance, namely the cases in clauses 4, 5, 6 and 8 of Article 154 of the Labor Code and clauses 2, 3, 5, 8, 10 and point a of clause 13, Article 7 of Decree 219/2025 (clause 4, Article 9). The first step of every hiring plan is therefore: classify correctly — permit, exemption certificate, or notification.

2. Current legal framework

As of September 2026, foreign employment in Vietnam is governed by:

• Labor Code No. 45/2019/QH14 (effective 1 January 2021): Article 151 (conditions for foreign employees), Article 154 (work permit exemptions), Article 155 (work permit term), Article 156 (cases of work permit expiry), Article 157 (Government to provide detailed regulations).
• Decree No. 219/2025/ND-CP dated 7 August 2025 on foreign employees working in Vietnam (effective 7 August 2025): the core instrument, detailing conditions, procedures for issuance, re-issuance, renewal and revocation of work permits and exemption certificates.
• Law on Digital Technology Industry No. 71/2025/QH15 (effective 1 January 2026): clause 4, Article 49 adds clause 8a to Article 154 of the Labor Code — a new exemption for high-quality digital technology industry human resources.
• Decree No. 283/2026/ND-CP (effective 10 September 2026) on administrative sanctions in labor and social insurance: the new penalty regime for foreign-labor violations.

Note on repealed instruments: the foreign-labor provisions of Decree 152/2020/ND-CP (as amended by Decree 70/2023/ND-CP) ceased to have effect when Decree 219/2025 took effect (Article 35); Decree 12/2022/ND-CP on administrative sanctions expired on 10 September 2026. However, under the transitional rule in Article 34 of Decree 219/2025, work permits and exemption certificates issued under Decree 152/2020 remain valid until expiry — employers need not redo them en masse; the new Decree applies only to new issuance, re-issuance or renewal.

3. The six-step work permit process

Step 1: Identify the correct job position and form of employment

This step determines the entire dossier, because the work permit states the job position explicitly — and the employee may only work as stated. Working otherwise renders the permit expired (clause 4, Article 156 of the Labor Code). Article 3 of Decree 219/2025 defines four positions:

• Manager: an enterprise manager under clause 24, Article 4 of the Law on Enterprises (e.g., Chairperson of the Members' Council, company Director/General Director), or the head or deputy head of an agency or organization;
• Executive director: the head of a branch, representative office or business location; or a person heading and directly managing a division of an agency, organization or enterprise with at least 3 years of experience in a relevant field;
• Expert: holding a bachelor's degree or higher with at least 2 years of relevant experience; or holding a bachelor's degree in finance, science, technology, innovation, national digital transformation or prioritized socio-economic development sectors with at least 1 year of relevant experience — a notable relaxation for young talent in priority industries;
• Technical worker: trained for at least 1 year with at least 2 years of relevant experience; or with at least 3 years of relevant experience.

In parallel, identify the form of employment among the 13 cases in Article 2 (labor contract, intra-corporate transfer, service contract, and so on), because each form requires different supporting documents at Step 3. A common mistake is registering a "specialist" position for someone who will actually perform executive management — when the authority appraises the dossier or during inspection, any mismatch between degrees, experience and the registered position is a leading cause of returned dossiers and revoked permits.

Step 2: Check for exemptions before preparing an issuance dossier

Before preparing documents, screen the employee against the exemption list in section 1. Three branches:

1. Exempt and requiring an exemption certificate (most cases): prepare the dossier under Article 8 (request using Form No. 01, health certificate, two 4×6 photos, valid passport, documents proving exemption status), filed within 60 days but no fewer than 10 days before the expected start date; the authority issues the certificate using Form No. 02 within 05 working days (Article 9).
2. Exempt and requiring notification only (clause 4, Article 9): notify at least 3 working days in advance with basic details — full name, date of birth, nationality, passport number, employer name, workplace and working period.
3. Not exempt: proceed to Step 3 for a work permit application.

Exemption certificates are likewise valid for up to 02 years, tied to the duration of the underlying exempt circumstance (Article 10), and renewable once for up to 02 years (Article 17).

Step 3: Prepare the work permit application dossier

The dossier is prescribed in Article 18 of Decree 219/2025 across seven document groups. The Decree's major reform: the report justifying the demand for foreign labor is now integrated into the work permit request itself (Form No. 03) — employers no longer file a separate demand-justification procedure as before. The competent authority "considers and approves the demand while issuing the work permit" in a single process (clause 3, Article 22).

Each group in detail:

1. The employer's report justifying the demand for foreign labor together with the work permit request using Form No. 03 — in which the employer explains the position requiring a foreign hire;
2. Health certificate issued by a qualified health facility; a certificate issued by a competent foreign health authority is accepted where Vietnam and the issuing country have a mutual recognition treaty or agreement, valid for no more than 12 months from issuance;
3. Valid passport (certified copy);
4. Criminal record certificate (judicial record card) or confirmation of not serving a sentence, not having an unspent conviction, and not being under criminal prosecution, issued no more than 6 months before the filing date. Good news: for online filing, employers may use the interlinked procedure for criminal record issuance and work permit issuance via the National Public Service Portal — the electronic criminal record is transmitted directly to the licensing authority (clause 3, Article 6);
5. Two 4×6 cm color photos, white background, face forward, bare head, no glasses;
6. Documents proving the form of employment — varying by case: assignment letter to a commercial presence with confirmation of at least 12 months' continuous prior employment (intra-corporate transferees); signed contracts or agreements (economic contracts, tenders, projects); service contract plus proof of at least 24 months' employment with the overseas enterprise having no commercial presence in Vietnam (contractual service suppliers); assignment letter for service negotiations; assignment letter matching the expected position (other transferees);
7. Documents proving manager, executive director, expert or technical worker status under Article 19: degrees and certificates with the overseas employer's confirmation of experience. A practical relief: those who have previously worked in Vietnam may use a prior work permit or exemption certificate in place of experience proof.

Two "time traps" to note: the criminal record is valid only 6 months to the filing date, the health certificate 12 months — many dossiers are returned solely because one of these expired on the filing date. And every foreign-language document must be consularly legalized (unless exempted under an international treaty or reciprocity) and then translated into Vietnamese and certified before filing (Article 5).

Step 4: File the dossier

Filing window: within 60 days but no fewer than 10 days before the foreign employee's expected start date (clause 1, Article 22). Filing too early (more than 60 days out) or too late (under 10 days) is equally invalid — a narrower window than many employers assume.

Where to file: in person, by public postal service, through a service provider, or by authorization — at the Provincial Public Administration Service Center where the employee is expected to work (one-stop mechanism); or online via the National Public Service Portal — the encouraged channel (Article 6). On competence, Article 4 assigns authority to the provincial People's Committee, which may delegate to a competent agency — the receiving agency's exact name may differ by locality, so employers should confirm with the Service Center where they file.

Step 5: Receive the result and sign the labor contract

Processing time: 10 working days from receipt of a complete and valid dossier — the authority simultaneously considers the demand for foreign labor and issues the work permit using Form No. 04. On refusal (demand not approved or permit not issued), the authority must reply in writing stating reasons within 03 working days of receiving the complete dossier (clause 3, Article 22).

An often-forgotten follow-up duty: for employees working under a labor contract (points a and m, clause 1, Article 2), the employer and the employee must conclude a written labor contract under Vietnamese labor law before the expected start date, and send a copy to the issuing authority upon request (clause 4, Article 22). In other words, the work permit is a precondition for contracting — the contract cannot lawfully come first.

Another practical scenario: a permitted employee needs to work for the same employer in multiple provinces or cities — at least 3 days before the expected work date, the employer must notify the competent authority at the destination with: full name, age, nationality, passport number, work permit number, employer name, and start and end dates (not exceeding the permit's term) — clause 5, Article 22.

Step 6: Post-issuance obligations

The work permit's term follows one of 11 bases in Article 21 (expected labor contract term, assignment letter term, service contract term, and so on) but may not exceed 02 years. The permit states the job position, workplace and term — the employee may work only as stated.

After issuance, two steps must not be skipped: temporary residence card procedures with the immigration authority for lawful long-term stay (a work permit does not substitute residence documents), and compulsory social insurance enrollment for foreign employees working under labor contracts in Vietnam under Decree 143/2018/ND-CP. Both carry their own timelines and conditions — build them into the same project timeline as the permit application from the outset.

4. Renewal, re-issuance, revocation and special cases

Renewing a work permit

Each permit may be renewed once, for up to 02 years (Article 29, consistent with Article 155 of the Labor Code). The renewal dossier under Article 27 comprises: the renewal request (Form No. 03, integrating the demand-justification report), health certificate, two 4×6 photos, the still-valid work permit, valid passport, and documents proving the form of employment.

Renewal filing window: at least 10 days but no more than 45 days before expiry (clause 1, Article 28) — filing with fewer than 10 days remaining forfeits renewal, forcing a new application. Processing takes 10 working days. After renewal, employees under labor contracts must sign a new written labor contract before the expected continuation date (clause 4, Article 28).

Re-issuing a work permit

Article 23 provides two re-issuance cases (not new issuance): a still-valid permit that is lost or damaged beyond use; and changes to stated particulars on a still-valid permit: full name, nationality, passport number, or a change of the employer's name without changing its identification number. Note the difference from the old regime: "change of workplace" no longer qualifies for re-issuance — employers changing workplaces should check the appropriate procedure with the competent authority.

The re-issuance dossier (Article 24): request using Form No. 03, two new 4×6 photos, documents proving the change, and the still-valid permit (except where lost). Processing takes only 03 working days (Article 25). The re-issued permit's term equals the original term minus the time the employee has already worked up to the re-issuance request (Article 26) — re-issuance does not "reset" the clock.

Cases requiring a new permit (Article 20)

Three situations employers often mistake for "renewal" or "re-issuance" but which require a new work permit:

• An employee holding a valid permit moves to work for a different employer in the same position and field — streamlined dossier (current employer's confirmation of employment, documents under clauses 1, 3, 5 and 6 of Article 18, copy of the issued permit);
• Change of job position or form of employment stated in the permit without changing employer;
• An employee already renewed once wishing to continue working — since each permit is renewable only once, the next round must be a new issuance.

Revocation and cases of permit expiry

Article 30 of Decree 219/2025 sets three revocation grounds: the permit has expired under clauses 2–7 of Article 156 of the Labor Code; the employer or employee has failed to comply with issuance, re-issuance or renewal rules; the employee is prosecuted or held criminally liable while working in Vietnam. When a permit expires, the employer must collect and return it to the issuing authority within 15 days with a report on the revocation case (clause 1, Article 31) — a duty frequently missed when parting with foreign staff.

On expiry cases, Article 156 of the Labor Code lists eight: term expiry; labor contract termination; labor contract contents inconsistent with the issued permit; working inconsistently with the issued permit; expiry or termination of the underlying contracts in the fields giving rise to the permit; the overseas party's notice ceasing the assignment; cessation of the Vietnamese or foreign employing entity; permit revocation. In practice, the two deadliest are labor contract termination and working inconsistently with the permit — both extinguish the permit immediately, often without the employer realizing.

5. Costs, timelines and key deadlines

Statutory timelines (Decree 219/2025)

Costs

Issuance, re-issuance and renewal fees for work permits are set by each provincial People's Council and therefore vary by locality — check the fee schedule where the dossier is filed. Beyond state fees, budget for consular legalization, certified translation, health checks and criminal record certificates. For a tailored all-in fee quote, contact FLAT Law Firm at hotline 0988424851.

6. Common risks and mistakes

1. Letting the employee work before the permit is issued — even "on probation" or "temporarily for a few weeks." The pattern: the employee has arrived in Vietnam, attends meetings, signs documents and runs operations while the permit is pending. The consequence: fines of VND 30–75 million for an individual employer depending on headcount (VND 30–45 / 45–60 / 60–75 million); an enterprise (an organization) faces double under clause 1, Article 7 of Decree 283/2026/ND-CP, i.e. VND 60–90 / 90–120 / 120–150 million; the employee faces VND 15–25 million in fines and possible deportation (Article 13 of Decree 283/2026/ND-CP, effective 10 September 2026). Employers should not rely on the VND 30–75 million figure — that is the individual rate; companies pay twice as much. Prevention: plan backwards from the expected start date, file within the 60/10-day window, and never assign real work before the permit takes effect.

2. Forgetting to renew or filing the renewal late. The pattern: the permit expires with no renewal dossier filed, or filed with fewer than 10 days remaining. The consequence: renewal rights are lost and a new application is required from scratch; any work during the gap is penalized as working without a permit. Prevention: set a reminder 60 days before expiry; prepare fresh health certificates and criminal records early, given their short validity.

3. Working in a different position or location than stated on the permit. The pattern: an expert permitted as a "project engineer in Binh Duong" actually manages an office in Ho Chi Minh City; or a title changes after restructuring without paperwork. The consequence: the permit expires immediately (clause 4, Article 156 of the Labor Code), and continued work is penalized as unpermitted work. Prevention: review the permit against every change in position, form of employment or employer — re-issue where re-issuance applies, apply anew where Article 20 requires it.

4. Assuming "exempt" means "nothing to do." The pattern: a 5-billion-contribution owner or a sub-90-day expert is treated as needing no paperwork at all. The consequence: most exempt cases still require an exemption certificate (05 working days) or at minimum a 3-working-day advance notification; non-compliance remains an administrative violation. Prevention: always run Step 2 — classify into "permit / exemption certificate / notification."

5. Filing foreign documents without consular legalization or certified translation. The pattern: degrees and experience confirmations filed in English without legalization; foreign criminal records untranslated. The consequence: the dossier is returned while the 60/10-day clock keeps running. Prevention: start consular legalization and translation the moment the candidate is confirmed — usually the longest lead-time item.

6. Failing to update the permit after a passport or company-name change. The pattern: the employee gets a new passport; the company changes its name (same identification number) after a merger or restructuring. The consequence: the permit's stated particulars no longer match reality — a re-issuance case under Article 23. Prevention: build work permit review into the checklist for every personnel or corporate legal change.

7. Parting with a foreign employee without collecting and returning the permit. The pattern: the employee resigns, leaves Vietnam, and the permit is left "lying around." The consequence: breach of the 15-day collection-and-return duty (Article 31 of Decree 219/2025); a still-"valid" permit on the loose may be misused. Prevention: make permit collection and return a mandatory step in the offboarding process for foreign staff.

7. Quick checklist

• [ ] Identify the correct job position (Article 3) and form of employment (Article 2)
• [ ] Screen exemptions (Article 154 of the Labor Code, Article 7 of Decree 219/2025): permit, exemption certificate, or notification
• [ ] Prepare the Article 18 dossier: Form No. 03 (integrated demand justification), health certificate, passport, criminal record, two 4×6 photos, proof of employment form and of position
• [ ] Consularly legalize and certify-translate into Vietnamese all foreign documents (Article 5)
• [ ] Check "shelf life": criminal record ≤ 6 months, health certificate ≤ 12 months to the filing date
• [ ] File within the 60-day / no-fewer-than-10-day window; via the Provincial Public Administration Service Center or the National Public Service Portal
• [ ] Receive the permit (10 working days) → sign the written labor contract before the expected start date
• [ ] Obtain the temporary residence card from the immigration authority; enroll in compulsory social insurance
• [ ] Set a renewal reminder 60 days before expiry (renewal window: at least 10 days, no more than 45 days prior)
• [ ] Any change (position, passport, company name, contract termination) → review the permit immediately

8. Frequently asked questions

Does a foreign expert working in Vietnam for two months need a work permit? No, if total working time is under 90 days in a calendar year (1 January to 31 December) as a manager, executive director, expert or technical worker (point a, clause 13, Article 7 of Decree 219/2025/ND-CP). The employer must still notify the competent authority where the employee is expected to work at least 3 working days in advance, with: full name, date of birth, nationality, passport number, employer name, workplace and working period (clause 4, Article 9). Working beyond 90 days requires a work permit.

Is the owner of a limited liability company with VND 1 billion in capital exempt from a work permit? No. Only owners or capital-contributing members of limited liability companies with contributions of VND 3 billion or more are exempt (clause 2, Article 7 of Decree 219/2025/ND-CP); the same applies to Chairpersons and Board members of joint stock companies (clause 3). With VND 1 billion in capital, the owner must obtain a work permit under point l, clause 1, Article 2 of the Decree.

A work permit issued under Decree 152/2020 is valid until 2027. Must it be re-done? No. Under the transitional provisions of Article 34 of Decree 219/2025/ND-CP, work permits and exemption certificates issued, re-issued or renewed under Decree 152/2020 (as amended by Decree 70/2023) remain valid until expiry. Only re-issuance or renewal follows Decree 219/2025.

How far in advance should a work permit application be filed? Within 60 days but no fewer than 10 days before the foreign employee's expected start date (clause 1, Article 22 of Decree 219/2025/ND-CP), with the authority deciding within 10 working days of receiving a complete and valid dossier. In practice, file early in the window and allow for consular legalization and translation — typically the longest lead-time items.

The work permit expired a week ago and renewal was missed. What now? Renewal is no longer available, since renewal dossiers must be filed at least 10 days and no more than 45 days before expiry (Article 28 of Decree 219/2025/ND-CP). The employer must apply for a new work permit. Critically: employees working without a valid permit expose the employer (an organization) to fines of VND 60–150 million — double the VND 30–75 million applicable to individual employers under clause 1, Article 7 of Decree 283/2026/ND-CP — and the employee to fines of VND 15–25 million plus possible deportation.

Does holding a work permit entitle a foreigner to long-term residence in Vietnam? No. A work permit only legalizes employment, not residence. After issuance, the foreign employee must obtain a temporary residence card from the immigration authority for lawful long-term stay in Vietnam, and participate in compulsory social insurance as prescribed.

9. When to engage counsel

Consult labor counsel before proceeding in these situations:

• Hiring large numbers of foreign specialists for a new project or factory — a master timeline is needed (bulk consular legalization, the 60/10-day window, residence cards, social insurance) so no project stalls for lack of personnel;
• Employees in borderline exemption cases (capital contributions around the VND 3 billion threshold, working periods around the 90-day mark, high-quality digital technology personnel) — misclassification by a small margin can become an administrative violation;
• Restructuring, mergers or company renamings while many permits remain valid — a bulk review of re-issuance, new-issuance and revocation duties is required;
• Receipt of a sanction decision or investigation request concerning foreign labor — the legal basis, limitation periods and remediation options need immediate assessment;
• Drafting labor contracts with foreigners — position and workplace clauses must match the permit exactly, or the permit expires under Article 156 of the Labor Code.

FLAT Law Firm regularly advises FDI enterprises on hiring and managing foreign labor in Vietnam — from exemption classification and dossier preparation to liaising with competent authorities and handling violations and disputes. Contact our hotline at 0988424851 for case-specific advice.

References

• Labor Code No. 45/2019/QH14 passed by the National Assembly on 20/11/2019, effective 01/01/2021 (Article 154 supplemented with clause 8a from 01/01/2026 under Law on Digital Technology Industry No. 71/2025/QH15)
• Decree No. 219/2025/ND-CP of the Government dated 07/8/2025 on foreign employees working in Vietnam, effective 07/8/2025
• Decree No. 283/2026/ND-CP of the Government on administrative sanctions in labor and social insurance, effective 10/9/2026 (replacing Decree No. 12/2022/ND-CP)
• Law on Digital Technology Industry No. 71/2025/QH15 passed by the National Assembly on 14/6/2025, effective 01/01/2026
• Decree No. 152/2020/ND-CP on foreign employees working in Vietnam (as amended by Decree No. 70/2023/ND-CP) — foreign-labor provisions ceased to have effect from 07/8/2025
• Decree No. 143/2018/ND-CP of the Government dated 15/10/2018 on compulsory social insurance for foreign employees working in Vietnam

Language versions