Work permit

I. What is a Work Permit?

A work permit (work permit) is a document that allows foreigners to work legally in Vietnam. The work permit clearly states the information of the employee, the name and address of the organization where the employee works, and the position of work. And the foreigner is required to do the job exactly as stated in the permit, otherwise it will be considered illegal.

Sample: Work Permit 

Update on Work Permit Issuance in Ho Chi Minh City from July 1, 2025

According to Decree 128/2025 and Decision 636/QD-BNV, from January 7, 2025, the authority to issue work permits for foreigners will no longer belong to the Central Ministry of Interior, but will be transferred to the People's Committees of provinces, including Ho Chi Minh City.

Based on the new regulations, Ho Chi Minh City has officially decentralized the work of issuing work permits for foreigners from January 7, 2025 to the following three units:

• The Department of Interior of Ho Chi Minh City will handle permits for businesses and organizations operating outside of industrial zones and high-tech zones.
• The Ho Chi Minh City Export Processing Zones and Industrial Parks Management Board (HEPZA) will handle applications from businesses within export processing zones and industrial parks.
• The Ho Chi Minh City High - Tech Park Management Board (SHTP) receives and processes preliminary applications for organizations operating within the high-tech park. 

The decentralization of authority by region makes the process more transparent, responsibilities clearer, and more convenient for businesses and workers.

II. Conditions for Obtaining a Work Permit in Vietnam

According to the 2019 Labor Code và Decree 152/2020/ND-CP foreign workers wishing to apply for a work permit must meet the following conditions:

- Be 18 years of age or older and have full civil capacity;
- Have professional qualifications/skills suitable for the job position and be in good health suitable for the job requirements;
- Not be subject to criminal prosecution;
- Have written approval from the employer regarding the need for employment.

III. Subjects of Work permit application

Foreign workers working in Vietnam in the following forms:

• Performing labor contracts;
• Moving within the enterprise
• Performing contracts or agreements on economics, trade, finance, banking, insurance, science and technology, culture, sports, vocational education and health;
• Contractual service providers;
• Offering services;
• Working for foreign non-governmental organizations and international organizations in Vietnam that are permitted to operate under the provisions of Vietnamese law;
• Volunteers;
• Persons responsible for establishing a commercial presence;
  Managers, executives, experts, technical workers;
• Participating in the implementation of bidding packages and projects in Vietnam;
• Relatives of members of foreign representative agencies in Vietnam are allowed to work in Vietnam according to the provisions of international treaties to which the Socialist Republic of Vietnam is a member.

IV. What are the types of work permits?

• New work permit issuance:
  • Employees who have never had a work permit
  • Employees who have had a valid work permit, working for another employer, in the same job position.
  • Employees who have had a valid work permit, working for a previous employer, in a different job position
  • Employees whose work permit has expired and want to continue working in the same position
  • Employees whose work permit was issued before April 1, 2016
• Extension of work permit:
  • Foreign workers who have been granted a work permit but whose permit has been issued for at least 05 days but not more than 45 days must be extended to continue working legally in Vietnam
  • According to the latest regulations, work permit extension can only be done once with a maximum extension period of 02 years. After 05 working days from the date of submitting the application for work permit extension, the employer will receive the extended Work permit.
• Re-issuance of work permit:
  • A valid work permit is lost, damaged or the contents of the work permit have been changed, except in special cases.
  • A work permit must be valid for at least 5 days but not more than 45 days.
• Not eligible for work permit issuance: According to Article 7 of Decree No. 152/2020/ND-CP, there are many cases where work permits are exempted, but foreign workers are required to complete confirmation procedures with the Department of Labor, Invalids and Social Affairs.

V. How is the term of a Vietnamese work permit regulated in the Labor Code?

According to Article 10 of Decree 152/2020/ND-CP, the term of a work permit is granted according to the term of one of the following reasonable cases but not exceeding 02 years:

• The term of the labor project contract will end;
• The term of the foreign party sending foreign workers to work in Vietnam;
• The term of agreement or agreement signed between the Vietnamese and foreign partners;
• The reasonable term or agreement to provide services signed between the Vietnamese and foreign partners;
• The term if in the document of the service provider sending foreign workers to Vietnam to negotiate the provision of services;
• The term has been determined in the certificate of the foreign non-governmental organization, international organization licensed to operate in accordance with the provisions of Vietnamese law;
• The term in the document of the service provider sending foreign workers to Vietnam to establish the current commercial interface of that service provider;
• The term in the document proving that the foreign worker is allowed to participate in the activities of a foreign enterprise that has established a commercial interface in Vietnam.

VI. Penalties for foreigners without work permits

If foreigners do not have work permits to work at enterprises in Vietnam, both the employee and the enterprise will be fined. This form of penalty is clearly stipulated in Article 22 Decree 12/2022/ND-CP  as follows:

Article 32. Violations of regulations concerning foreigners working in Vietnam

1. A fine of VND 1,000,000 to VND 3,000,000 shall be imposed on employers for violating any of the following acts:

a) Failure to report, reporting incorrectly, or reporting late on the employment of foreign workers as prescribed;

b) Failure to submit the original or certified copy of the signed labor contract after the foreign worker has been granted or renewed a work permit to the competent authority that issued or renewed the work permit, as required by that authority, in the case of foreign workers working under a labor contract.

2. A fine of VND 5,000,000 to VND 10,000,000 shall be imposed for each worker, but not exceeding VND 75,000,000, for employers who employ foreign workers in a manner inconsistent with the content stated in the work permit or the document confirming that the worker is not subject to work permit requirements, except where otherwise stipulated by law.

3. A fine of VND 15,000,000 to VND 25,000,000 shall be imposed on foreign workers in Vietnam who commit any of the following acts:

a) Working without a work permit or without a document confirming that they are not subject to work permit requirements as prescribed by law;

b) Using a work permit or a document confirming that they are not subject to work permit requirements that has expired.

4. Fines shall be imposed on employers who employ foreign workers in Vietnam without a work permit or without a certificate confirming that they are not subject to work permit requirements, or who employ foreign workers with expired work permits or certificates confirming that they are not subject to work permit requirements, according to one of the following levels:

a) From VND 30,000,000 to VND 45,000,000 for violations involving 1 to 10 people;

b) From VND 45,000,000 to VND 60,000,000 for violations involving 11 to 20 people;

c) From VND 60,000,000 to VND 75,000,000 for violations involving 21 or more people.

5. Additional Penalties

Deportation of foreign workers working in Vietnam who violate the provisions of Clause 3 of this Article.

VII. Why shouldn't you do your own work permit?

Work permit application requires many types of complicated papers and documents.

• Current legal regulations on work permits are constantly changing, requiring a good understanding of the law.
• Applications are rejected because the information and documents provided are inconsistent or inconsistent, and the personal records of foreign workers do not meet the regulations or requirements of state agencies.
• It takes a lot of time and effort to travel to prepare and complete all types of papers and documents at relevant agencies as required.

VIII. Work permit service at Evisa Saigon

Advantages of choosing Evisa Saigon's permit service

• Many years of experience in implementing work permits.
• Trusted by large and reputable customers.
• Save customers' time and effort.
• Consulting on conditions and subjects eligible for work permits.
• Instructions for preparing necessary documents (personal records, legal documents, health certificates, degrees, etc.)
• Advice on temporary residence.
• Support customers in working with sponsoring businesses and competent authorities

With the support of EVISA SAIGON, customers can rest assured that the application for a work permit will be prepared in accordance with regulations, limiting risks and helping work in Vietnam become convenient, legal and sustainable.