CONDITIONS FOR OBTAINING A WORK PERMIT IN VIETNAM

With the rapid development of Vietnam’s economy and its ongoing international integration, attracting foreign labour, especially experts and senior managers, has become increasingly significant. However, to ensure the employment of foreign employees complies with legal regulations and protects the rights of all parties involved, the Vietnamese government requires foreign employees to hold a valid work permit. Obtaining a work permit is not only a legal obligation but also lays a solid foundation for the employment activities of foreign employees in Vietnam.

This article provides an overview of the requirements and Conditions for Obtaining a Work Permit in Vietnam, ensuring compliance with the law and protecting legal rights.

Conditions For Obtaining a Work Permit in Vietnam

A work permit is an important legal requirement for foreign employees in Vietnam. Issuing a work permit ensures the protection of employees’ legal rights and contributes to maintaining transparency and order in the management of foreign labour. To obtain a work permit, foreign employees must meet specific conditions set out in the current legal documents.

According to Article 151 of the Labour Code 2019 (“LC 2019“), Article 9 of Decree 152/2020/ND-CP (“Decree 152“), and Article 1 of Decree 70/2023/ND-CP (“Decree 70“), foreign employees must meet the following conditions to be eligible for a work permit in Vietnam:

Minimum age of 18 years:

A foreign employee working in Vietnam must be at least 18 years of age, in line with the current legal requirements. This ensures that the employee is capable of fulfilling their duties and responsibilities related to the work and the labour contract.

Having full civil capacity:

Full civil capacity refers to an individual’s ability to establish and perform civil rights and obligations through their actions. Under Article 19 of the Civil Code 2015, an individual’s civil capacity is determined by their ability to perceive and control their actions. The employee must not be legally restricted from performing civil rights and obligations under the labour contract.

Having relevant qualifications, skills, technical expertise, and work experience:

• Under the provisions of Decree No. 152, foreign employees working in Vietnam must obtain a work permit for one of the following job positions: (i) Manager; (ii) Executive Director; (iii) Expert; or (iv) Technical Worker. Accordingly, foreign employees must meet the criteria regarding professional qualifications, technical skills, expertise, and relevant work experience suitable for the job position and title they are expected to undertake in Vietnam, as prescribed by law.
• Specifically, to obtain a work permit for the position of an expert, under Article 3.3 of Decree No. 152 and Article 1.1(a) of Decree No. 70, a foreign employees must either: (i) hold a university degree or higher (or an equivalent qualification) and have at least three years of work experience relevant to the position expected in Vietnam, or (ii) have at least five years of work experience and possess a practising certificate appropriate for the job position the foreign employee is expected to undertake in Vietnam. In certain special cases, the recognition of expert status may be decided by the Prime Minister based on the recommendation of the Ministry of Labour, Invalids and Social Affairs.
• For the position of a technical worker, under the provisions of Article 3.6 of Decree No. 152 and Article 1.1(c) of Decree No. 70, a foreign employee is required to meet one of the following conditions: (i) be trained for at least one year and have at least three years of relevant work experience for the position the foreign employee is expected to undertake in Vietnam, or (ii) have at least five years of work experience in a role relevant to the position the foreign employee is expected to undertake in Vietnam.
• For the positions of manager and executive director, the foreign employee must meet the job title requirements as specified in Articles 3.4 and 3.5 of Decree No. 152 and Article 1.1(b) of Decree No. 70, and must provide documentation proving their status as a manager or executive director, which includes: (i) the company’s charter or the regulations governing the operation of the agency, organisation, or enterprise; (ii) the business registration certificate, certificate of establishment, decision on establishment, or other documents with equivalent legal value; and (iii) the resolution or appointment decision from the agency, organisation, or enterprise, as stipulated in Article 1.5(b) of Decree No. 70.

Having adequate health according to the regulations of the Minister of Health:

To work in Vietnam, the foreign employee must provide a health certificate issued by an authorised medical body, valid for 12 months from the date of submission. This health certificate can be issued by domestic or overseas health authorities, provided it meets the health requirements set by Vietnam’s Ministry of Health.

Not falling under prohibited cases:

The employee must not be serving a sentence or have a criminal record, nor be under criminal investigation, according to Vietnamese or foreign law. To prove this, the employee must submit a criminal record certificate or a document confirming that they are not under criminal investigation or serving a sentence. This document must be issued by a competent authority either from a foreign country or from Vietnam and must be issued no more than six months prior to the submission of the application for a work permit.

Not falling under exempted cases for work permits:

• While a work permit is mandatory for most foreign employees in Vietnam, the law also provides for several exemptions. Specifically, under Article 154 of the Labour Code 2019, Article 7 of Decree 152, and Article 1.4 of Decree 70, employees may be exempted from holding a work permit in cases such as: (i) their role and position within the enterprise, (ii) short-term work assignments, (iii) holding a diplomatic or official passport, (iv) specific exemptions based on international treaties to which Vietnam is a party, or (v) other special cases.
• For instance, foreign employees serving as business owners or investors in companies, those working for less than 3 months on specific tasks, or employees transferring within multinational companies in sectors committed to the World Trade Organisation (WTO) may be exempt from the work permit requirement. These exemptions aim to facilitate international cooperation, investment activities, and specific assignments.
• Other special exemptions include foreign lawyers, foreign employees married to Vietnamese citizens, volunteers working without remuneration, students participating in internships in Vietnam, and lecturers or managers at educational institutions established by foreign diplomatic missions.

In conclusion, to obtain a work permit in Vietnam, foreign employees must meet stringent conditions regarding educational qualifications, work experience, and appropriate professional certifications for the planned position. These requirements not only ensure that foreign employees are qualified for their roles but also help businesses comply with Vietnamese legal regulations. While there are some special cases where a work permit is not required, adhering to these conditions is vital to ensure legality and transparency in managing foreign labour.

The Conditions for Obtaining a Work Permit in Vietnam are not only a criterion for foreign employees to meet legal requirements but also play an important role in controlling labour quality and ensuring conformity with the actual needs of the market. Understanding and complying with the Conditions for Obtaining a Work Permit in Vietnam helps foreign employees work under regulations, and at the same time creates conditions for businesses to recruit high-quality personnel. This regulation contributes to building a professional working environment, promoting sustainable development and strengthening Vietnam’s position in international economic integration.

The above is an overview of Conditions for Obtaining a Work Permit in Vietnam. If you have difficulties in finding a Law Firm to advise and support in the relevant legal field, please contact us. Phuoc & Partners is a professional consulting firm established in Vietnam and currently has nearly 100 members working in three offices in Ho Chi Minh City, Hanoi and Danang. Phuoc & Partners is also rated as one of the leading consulting firms in Vietnam with highly specialised teams in top legal fields such as Labour and Employment, Taxation, Merger and acquisition, Litigation. We are confident in providing customers with optimal and effective service.

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CONDITIONS FOR OBTAINING A WORK PERMIT IN VIETNAM

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With the rapid development of Vietnam's economy and its ongoing international integration, attracting foreign labour, especially experts and senior managers, has