How long does it take to get a work permit? This is an important question for foreign workers who want to work legally in Vietnam. Applying for a work permit not only ensures the rights of workers but also helps businesses comply with legal regulations. Understanding application processing time will help workers be proactive in their work plans, avoid work interruptions and optimize the international recruitment process.
How long does it take to get a work permit?
Is the agency competent to issue work permits?
Article 11 of Decree 152/2020/ND-CP stipulates the authority to receive applications for work permits, including:
Ministry of Labor, War Invalids and Social Affairs;
Or the Department of Labor, War Invalids and Social Affairs.
However, the 12th Party Central Committee Conference on January 23 and 24, 2025 agreed to arrange and streamline the organization of Ministries, Ministerial-level agencies and Government agencies. Accordingly, the Ministry of Labor, War Invalids and Social Affairs will be merged into the Ministry of Home Affairs. The Ministry of Home Affairs has also clearly stated that a particularly important task in 2025 for the entire industry is to implement the merger with the Ministry of Labor, War Invalids and Social Affairs.
Therefore, regulations related to authority and procedures may be amended and supplemented. You should monitor and update the latest regulations from time to time when applying for a license to ensure compliance with the law.
How long does it take to get a work permit?
The procedure for granting a work permit is specifically regulated in Article 11 of Decree 152/2020/ND-CP. Accordingly, within 05 working days from the date of receiving a complete application for a work permit, the Ministry of Labor, War Invalids and Social Affairs or the Department of Labor, War Invalids and Social Affairs where the employee is expected to work will issue a work permit to the foreign worker.
In case a work permit is not issued, there will be a written response clearly stating the reason.
Term of a work permit
The term of a work permit is issued according to the term of one of the following cases but not exceeding 02 years:
Term of the labor contract expected to be signed.
Deadline for the foreign party to send foreign workers to work in Vietnam.
Term of contract or agreement signed between Vietnamese and foreign partners.
Term of contract or service provision agreement signed between Vietnamese and foreign partners.
The deadline is stated in the document of the service provider sending foreign workers to Vietnam to negotiate service provision.
The term has been determined in the operating license of the agency, organization or enterprise.
The term in the document of the service provider sending foreign workers to Vietnam to establish a commercial presence of that service provider.
Time limit in the document proving that the foreign worker is allowed to participate in the operations of a foreign enterprise that has established a commercial presence in Vietnam.
Time limit in the written approval to use foreign workers, except in cases where a report explaining the need to use foreign workers is not required as prescribed in Point b, Clause 1, Article 4 of Decree 152/2020/ND-CP.
Legal basis: Article 10 of Decree 152/2020/ND-CP.
Work permit validity period
Cases where work permits are exempted
According to the provisions of Article 154 of the Labor Code 2019 and Article 7 of Decree 152/2020/ND-CP, there are 20 specific cases in which foreign workers are not subject to work permits. These cases are determined by law based on the goal of promoting international cooperation, investment and special social factors. Specifically:
Be an owner or capital contributing member of a limited liability company with a capital contribution value of 3 billion VND or more.
Be the Chairman of the Board of Directors or member of the Board of Directors of a joint stock company with a capital contribution value of 3 billion VND or more.
Personnel moving internally within an enterprise: Within the scope of 11 service sectors in WTO commitments: business, finance, education, healthcare, tourism, construction, information, distribution, environment, culture, entertainment and transportation. Being transferred within the same corporation or multinational enterprise.
Entering Vietnam to provide professional and technical consulting services or perform other tasks serving research, construction, appraisal, monitoring, evaluation, management and implementation of programs and projects using official development assistance (ODA) according to regulations or agreements in international treaties on ODA signed between competent agencies of Vietnam and foreign countries.
Licensed by the Ministry of Foreign Affairs to operate information and press activities in Vietnam according to the provisions of law.
Be sent to Vietnam by a competent foreign agency or organization to teach or be a manager or executive director at an educational institution proposed to be established in Vietnam by a foreign diplomatic representative agency or intergovernmental organization; establishments and organizations established under international treaties that Vietnam has signed and participated in.
Volunteer: A volunteer who works without pay at non-governmental organizations or charity programs.
Enter Vietnam to work as a manager, executive director, expert or technical worker with a working period of less than 30 days and no more than 03 times in 01 year.
Enter Vietnam to implement international agreements signed by agencies and organizations at the central and provincial levels according to the provisions of law.
Pupils and students studying at schools and training facilities abroad have internship agreements with agencies, organizations and businesses in Vietnam; interns and trainees on Vietnamese ships.
Relatives of members of foreign representative agencies in Vietnam.
Have an official passport to work for state agencies, political organizations, or socio-political organizations.
The person responsible for establishing a commercial presence.
Certified by the Ministry of Education and Training for foreign workers entering Vietnam to perform teaching, research or hold leadership positions, management levels of educational establishments proposed by foreign diplomatic missions or intergovernmental organizations to establish in Vietnam.
Be the Head of a representative office, project or be primarily responsible for the activities of an international organization or foreign non-governmental organization in Vietnam.
Enter Vietnam for less than 03 months to offer services.
Entering Vietnam for a period of less than 03 months to handle problems, complex technical and technological situations that arise that affect or threaten to affect production and business that Vietnamese experts and foreign experts currently in Vietnam cannot handle.
Be a foreign lawyer who has been granted a License to practice law in Vietnam according to the provisions of the Law on Lawyers.
In cases under the provisions of international treaties to which the Socialist Republic of Vietnam is a member.
Foreigners marry Vietnamese people and live in Vietnamese territory.
Employees who are exempt from work permits must carry out procedures to confirm that they are exempt from work permits at the competent authority.
Comprehensive a work permit application service at Long Phan
Long Phan provides comprehensive work permit application services for foreigners in Vietnam, ensuring a quick process and in accordance with the law. We support:
Consulting on conditions & documents according to the latest regulations.
Prepare and draft documents as required by licensing agencies.
Submit documents and monitor the processing process at the Department of Labor, War Invalids and Social Affairs.
Extend, renew, and exempt work permits on a case-by-case basis.
Support consular legalization and notarized translation of related documents.
With a team of experienced experts, Long Phan is committed to helping businesses and foreign workers complete procedures smoothly, saving time and costs.
Applying for a work permit on time helps foreign workers work legally in Vietnam, avoid risks and ensure labor rights. The fast and transparent process also helps businesses stabilize personnel, comply with legal regulations and develop sustainably. For detailed support, please contact Long Phan via the hotline 0906735386 for in-depth advice and effective procedural guidance.
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Luật sư Nguyễn Thu Hương
Lawyer Nguyen Thu Huong is a leading expert in the field of investment and licensing for foreigners. With extensive knowledge of investment laws and the complex regulations related to licensing procedures, she has successfully assisted numerous businesses and foreign investors in establishing their operations in Vietnam.