1. What is Vietnam Work Permit?

In order to obtain a work permit, you first need to be hired by a Vietnamese company that’s been authorized to hire foreign talent by the government. Since the Vietnamese government’s priority is to ensure its own citizens have paying jobs, it’s not as simple as submitting an application to any company advertising an open position. Suffice it to say, however, that if a company in Vietnam specifically mentions a position is available to foreigners, they have the approval to hire you.

Vietnam work permit is an official certificate issued by the Department of Labor, Invalid and Social Affairs to allow its holder to work in Vietnam legally. It cannot be applied directly by the workers/foreigners, but with the assistance of their employers or a service center in Vietnam. And Vietnam work permit is an important paper to apply for a temporary residence card or a working visa for Vietnam. It is currently well governed by the Labor Code No. 45/2019/QH14 and the Decree No. 52/2020/ND-CP.

Here you can see a sample of Vietnam work permit:

Vietnam work permit sample

1.1 Vietnam Work Permit Requirements

To get a work permit in Vietnam, applicants must meet the following requirements:

• Over 18 years old.
• Have a good health condition that satisfies the job’s specific demands and requirements.
• Free of any criminal record in their country or a national security offense, not currently facing criminal prosecution, or not serving a criminal sentence by the Vietnamese and foreign policemen during the assignment.
• Meet the requirements for the job positions for Vietnam work permit as follows:
  • For foreign experts:
    • Having a bachelor’s degree or higher or equivalent and a certificate of at least 3 years of experience working in the trained field relevant to the job position the foreign worker is expected to work for in Vietnam; or
    • Having a certificate of at least 5 years of experience working in the trained field relevant to the job position the foreign worker is expected to work for in Vietnam.
  • Technical workers
    • Having been trained in technical or other fields for at least 01 year and having worked for at least 03 years in that field, or
    • Having a certificate of at least 05 years of working experience in a job suitable for the position expected to be work in Vietnam,
    • The company where the foreigner is working has a suitable line of business on its business registration certificate.
  • Directors, CEOs …
    • Decision on the appointment, and
    • Having a certificate of at least 03 years of working experience in the relevant position.

1.2. Vietnam Work Permit may be terminated in the following circumstances:

• Expiration of work permit;
• Termination of labor contract;
• The content of the labor contract is not consistent with the work permit granted;
• If the foreign employee is fired by the foreign employer;
• Withdrawal of work permit by authorized state agencies;
• Termination of operation of the company, organization, and partners in Vietnam;
• The foreigner is sentenced to prison, dies or is proclaimed missing by court.

1.3 The following situations exempt the foreigner from needing a work permit:

• Working in Vietnam for less than three months;
• A member of a limited liability company with two or more members;
• The owner of a limited liability company with only one member;
• A member of the board of a joint stock company;
• Coming to Vietnam to market products and services;
• Coming to Vietnam for less than three months in order to resolve an emergency or technologically complex situation that could affect production, which Vietnamese experts or foreign experts currently in Vietnam are unable to resolve;
• Lawyers granted a professional permit in Vietnam;
• Heads of representative offices, chiefs of project offices or someone working for foreign non-government organization in Vietnam.

1.4 Required Documents for work permit:

• Request for work permit form.
• Health check certification.
• Foreign Criminal records (issued within 180 days), this document must be consular legalized and translated into Vietnamese. The translated copy must be notarized by a department of justice. Or Criminal record in Vietnam.
• Degree ( university or higher, this document must be consular legalized and translated into Vietnamese. The translated copy must be notarized by a department of justice)).
• Certificate of foreign experience of at least 1 year at a similar position (this document must be consular legalized and translated into Vietnamese. The translated copy must be notarized by a department of justice).
• A photocopy of the (entire) passport.
• A photocopy of the business license.
• Two 4x6cm portrait photos (White background, no glasses).

1.5 Vietnam work permit processing time and cost

The work permit request processing time is totally 20 working days (after receiving full required documents), including:

• 15 days for approval of demand for employing foreigners;
• 05 working days for granting the work permit.

But all are highly recommended to carry out the procedure at least 30 days before the expected work start date of the foreigners.

The cost for Vietnam work permit varies by the province/city where you submit your application forms.

2. What About Vietnam Work Permit Exemptions?

There are certain cases in which you don’t need a work permit in order to legally earn income while living in Vietnam, but this actually doesn’t alleviate much in terms of administrative burden, as the Work Permit Exemption is its own official document that needs to be applied for and granted—just like the work permit itself.

2.1 Who Can Apply for a Work Permit Exemption?

The law lists a variety of highly-specific, limited scenarios in which a foreigner may be eligible for a work permit exemption. In general they amount to the following:

1. Owners or board members of Vietnamese companies,
2. Those in charge of local Vietnamese arms of international companies,
3. Those entering Vietnam for certain professional purposes and staying for less than 3 months,
4. Foreign attorneys owning a practice in Vietnam,
5. Foreigners married to Vietnamese citizens,
6. Researchers or technical advisors,
7. Licensed journalists,
8. Volunteers and students undergoing practical training,
9. Those who have pre-authorized work with recognized government bodies.

In other words, the vast majority of foreign self-employed professionals interested in living and working in Vietnam would not be eligible for a work permit exemption.

Should you need any consultation for Vietnam work permit exemption, check whether you are eligible for work permit exemption, or want to get your work permit exemption certificate smoothly, feel free to contact us via  info.skyvietnamvisa@gmail.com or chat with us.

We are very happy to assist you!