If your company plans to hire foreign staff in Vietnam, the first question is not who to hire but whether the candidate meets Vietnam’s legal conditions for a work permit. A work permit is mandatory for most foreign nationals working in Vietnam, and the employer’s demand to use foreign labor is now reviewed together with the permit application in a single merged dossier (Form 03) — without satisfying the demand requirement, even the strongest candidate cannot complete the application.
This article summarizes the four statutory conditions and the required dossier under current Vietnamese law, so employers can assess eligibility before filing.
Legal framework
The conditions for issuing work permits to foreign workers are set out in:
- Article 151(1) of the Labor Code 2019 — general conditions for foreign employees working in Vietnam.
- Decree 219/2025/ND-CP — detailed rules on foreign workers in Vietnam; in force since 7 August 2025, replacing the foreign-labor provisions of Decree 152/2020/ND-CP (as amended by Decree 70/2023/ND-CP).
These are the only two legal sources used in this article. Regulations may change, so employers should verify the texts in force at the time of filing.
The four conditions for a work permit
1. Age and legal capacity
The foreign worker must be at least 18 years old at the time of application and have full civil act capacity under the law. This minimum age and capacity requirement applies uniformly to all job positions.
2. Professional qualifications and health
The worker must satisfy two sub-requirements:
- Professional competence: hold the professional, technical, occupational qualifications or work experience corresponding to the intended position.
- Health: be physically fit as required by regulations issued by the Minister of Health.
In practice, this is the condition that causes the most application problems: qualification documents must match the correct job category — manager, executive director, expert, or technical worker — and the health certificate must still be valid.
3. Clean criminal record
The foreign worker must meet the judicial-record condition:
- not currently serving a criminal sentence;
- not having an unexpunged criminal record;
- not currently subject to criminal prosecution.
This is assessed under both Vietnamese law and the law of the relevant foreign country. The judicial record card (criminal clearance) in the dossier is the document that proves this condition.
4. Demand for foreign labor reviewed with the application
Under Decree 219/2025/ND-CP, the explanatory statement on the demand for foreign workers and the work permit application have been merged into a single dossier: the employer’s document both explains the demand and requests the permit in Form 03 (Article 18(1)). The competent authority reviews the demand and issues the permit within 10 working days of receiving a complete and valid dossier.
What the application dossier contains
An application for a new work permit comprises:
- Demand explanatory statement + permit application in Form 03 (Article 18(1) of Decree 219/2025/ND-CP) — replacing the former two-step process.
- Health certificate — issued no more than 12 months prior.
- Valid passport.
- Judicial record card or equivalent confirmation of no unexpunged criminal record or ongoing prosecution — issued no more than 06 months prior.
- Two 4×6 cm color photos — white background, face forward, head uncovered, no glasses.
- Documents proving the form of employment of the foreign worker (per each applicable case).
- Documents proving the job position under Article 19 (manager, executive director, expert, or technical worker — with the experience thresholds in Article 3).
Practical note: documents issued by foreign authorities generally need consular legalization and certified translation as required — employers should start this step early, as it takes time.
Practical notes and risks
- Complete Form 03 carefully. The demand statement is now merged with the permit application in a single form — incomplete or miscategorized position information remains a common reason for files being returned.
- Watch the health certificate’s expiry. It is valid for only 12 months; a delayed filing means re-taking the medical examination and restarting the hiring timeline.
- Photo specifications matter. Two 4×6 white-background photos taken within the last six months — a small detail, but a common reason files are returned for supplementation.
- Mismatch between position title and qualifications. If the application lists the position as “expert” but the qualification documents correspond to “technical worker” (or vice versa), the file will not be accepted.
- Work permit exemptions. Vietnamese law provides cases in which foreign workers are not subject to work permits (Article 154 of the Labor Code 2019 and Article 7 of Decree 219/2025/ND-CP). Employers should check whether their case qualifies for exemption before preparing a new application — to avoid unnecessary procedures.
FAQs
Can a foreign worker under 18 obtain a work permit? No. Being at least 18 years old is a mandatory condition under Article 151(1) of the Labor Code 2019.
How long is the health certificate valid? 12 months from the date of the health conclusion. Applications filed after expiry require a new examination.
Must employers still obtain a separate demand approval before applying? No. Under Decree 219/2025/ND-CP, the demand statement is merged into the permit application (Form 03) — the competent authority reviews both in a single procedure within 10 working days.
Are there cases where no work permit is needed? Yes. Article 154 of the Labor Code 2019 and Article 7 of Decree 219/2025/ND-CP set out the cases not subject to work permits. Employers should review the exemption conditions before starting a new application.
Sources cited
- Labor Code 2019 — Article 151(1) (conditions for work permit issuance); Article 154 (work permit exemptions).
- Decree 219/2025/ND-CP — Article 3 (job positions), Article 18 (application dossier), Article 7 (cases not subject to work permits); in force since 7 August 2025, replacing the foreign-labor provisions of Decree 152/2020/ND-CP.
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Need help with work permit procedures? The FLAT Law Firm team advises on eligibility conditions, reviews dossiers, and supports employers through the work permit process for foreign employees in Vietnam. Contact us at contact us.