Intra-company Transfer Requires A Work Permit In Vietnam?

Long Phan Consulting confirms that whether intra-company transfer requires a work permit depends on two specific quantitative conditions, and not every intra-company transfer case is automatically exempt. Businesses with foreign managers, experts, or technical workers expected to work in Vietnam under this form should immediately check the sector and recruitment-period conditions before preparing their dossier. These conditions cover the various Types of licences for foreigners and help avoid filing the wrong procedure, dossier rejection, or delays to the expected start date. Long Phan Consulting sets out the exemption conditions, dossiers, and procedures below, and its attorneys review and handle complex foreign-employee cases directly.

Cases Exempt from a Work Permit for Intra-Company Transfers

This is the first point a business should check, because correctly determining whether the exemption conditions are met decides the entire procedure that follows. Under Point b, Clause 13, Article 7 of Decree No. 219/2025/ND-CP, this applies to a foreign manager, executive director, expert, or technical worker. The employee must be on a fixed-term intra-company transfer from a foreign business that has established a commercial presence in Vietnam. Such an employee is confirmed exempt from a work permit only when all three groups of conditions below are met.

Sector Condition: The 11 WTO-Committed Service Sectors

A foreign business that has established a commercial presence in Vietnam must operate within the 11 service sectors under Vietnam’s Specific Commitments on Services with the World Trade Organization. These sectors are: business, communication, construction, distribution, education, environment, financial, health, tourism, cultural and recreational, and transport services. The Ministry of Industry and Trade is assigned to guide the determination of whether an intra-company transferee falls within these 11 sectors, under Clause 4, Article 36 of Decree No. 219/2025/ND-CP. A business operating outside these 11 sectors cannot apply the exemption mechanism, even if it still employs staff under the intra-company transfer form.

Pre-Transfer Employment Period Condition

The foreign employee must have been continuously employed by that same foreign business for at least 12 months immediately before entering Vietnam to work. This condition applies together with the sector condition under Point b, Clause 13, Article 7 of Decree No. 219/2025/ND-CP. It must be proven by a written document from the overseas employer under Point c, Clause 5, Article 8 of the same Decree. An employment period of under 12 continuous months fails the exemption condition, even if the business falls within the 11 service sectors.

The Concept of “Commercial Presence” for Purposes of the Exemption

Under Point b, Clause 13, Article 7 of Decree No. 219/2025/ND-CP, commercial presence covers three categories:

• A foreign-invested economic organization in Vietnam.
• A representative office or branch of a foreign trader in Vietnam.
• The operating office of a foreign investment procedures under the form of BCC.

Only an employee transferring to work at one of these three types of commercial presence falls within the scope for consideration of the intra-company transfer work permit exemption.

Cases That Still Require a Standard Work Permit

A business outside the 11 WTO-committed service sectors, or an employee with fewer than 12 continuous months of employment, is not barred from using the intra-company transfer form. This follows Point b, Clause 1, Article 2 of Decree No. 219/2025/ND-CP. Such a business must, however, apply for a standard work permit instead of an exemption confirmation.

Dossier for a Standard Work Permit Application

Under Article 18 of Decree No. 219/2025/ND-CP, the dossier consists of 7 groups of documents:

• A written report explaining the need to employ a foreign worker, together with a work permit application using Form No. 03.
• A valid health certificate, no more than 12 months old from the issue date if issued by a foreign medical facility.
• A valid passport.
• A judicial record card or an equivalent confirmation document issued no more than 6 months prior.
• Two color photographs meeting the required specifications.
• Documents proving the working form under Clause 6, Article 18. For an intra-company transferee, this is a document from the overseas employer assigning the employee to work for a fixed term at the commercial presence. The document must also confirm at least 12 months of continuous employment before entering Vietnam, under Point a, Clause 6, Article 18.
• Documents proving the position as a manager, executive director, expert, or technical worker, under Article 19 of Decree No. 219/2025/ND-CP.

Processing Timeline

The employer files the dossier within 60 days, but no fewer than 10 days, before the foreign employee’s expected start date, under Clause 1, Article 22 of Decree No. 219/2025/ND-CP. Within 10 working days of receiving a complete dossier, the competent authority reviews and approves the demand to employ foreign labor and issues the work permit on Form No. 04 in the same process. If the authority does not approve or does not issue the permit, it must respond in writing stating the reason. This response is due within 3 working days of receiving the complete dossier, under Clause 3, Article 22 of Decree No. 219/2025/ND-CP.

Competent Authority and Filing Location

The provincial People’s Committee has authority to issue, reissue, extend, and revoke work permits and exemption confirmations for foreign employees. This applies to employees working for an employer with a head office, branch, representative office, or business location in the locality where the employee is expected to work. This authority follows Clause 1, Article 4 of Decree No. 219/2025/ND-CP. The provincial People’s Committee may delegate a specialized agency to handle this directly, under Clause 2, Article 4.

For filing, the dossier may be submitted in person, through the public postal service, through a service provider, or through an authorized representative. It goes to the local Public Administrative Service Center in the locality where the employee is expected to work. The center then forwards the dossier to the competent authority under the one-stop-shop mechanism, under Clauses 1 and 2, Article 9 of Decree No. 219/2025/ND-CP.

>>>See more: Vietnam Work Permit Application Dossier Guide

Procedure for Obtaining a Work Permit Exemption Confirmation for Intra-Company Transfers

A business that meets the exemption conditions follows the three steps below to obtain the exemption confirmation.

Step 1 – Prepare the Dossier

Under Article 8 of Decree No. 219/2025/ND-CP, the dossier consists of:

• A request document using Form No. 01 of the Appendix to the Decree.
• A health certificate issued by a qualified facility, or a valid foreign health certificate no more than 12 months old if a mutual recognition treaty or agreement applies.
• Two 4x6cm color photographs.
• A valid passport.
• Documents proving exemption from a work permit. For an intra-company transfer under Point b, Clause 13, Article 7, this means documents proving the position as manager, executive director, expert, or technical worker under Article 19. It also requires a document from the overseas employer assigning the employee to work for a fixed term at the commercial presence. This document must confirm at least 12 months of continuous employment before entering Vietnam, under Point c, Clause 5, Article 8 of Decree No. 219/2025/ND-CP.

Step 2 – File the Dossier

Within 60 days, but no fewer than 10 days, before the foreign employee’s expected start date, the employer files the dossier with the local Public Administrative Service Center. This is the center in the locality where the employee is expected to work. Filing may be done in person, through the public postal service, through a hired service provider, or through an authorized representative, under Clause 1, Article 9 of Decree No. 219/2025/ND-CP.

Step 3 – The Authority Reviews and Issues the Confirmation

Within 5 working days of receiving a complete dossier, the competent authority issues the exemption confirmation using Form No. 02 of the Appendix to the Decree. Where the authority does not issue the confirmation, it must respond in writing stating the reason within 3 working days of receiving the complete dossier, under Clause 3, Article 9 of Decree No. 219/2025/ND-CP. The confirmation’s validity period follows one of the grounds under Article 21 of Decree No. 219/2025/ND-CP but may not exceed 2 years, under Article 10 of the same Decree.

Distinguishing Exempt Cases from Cases Requiring a Standard Work Permit

For a foreign employee on an intra-company transfer, determining exemption from a work permit requires examining two factors. These are the service sector of the commercial presence in Vietnam and the length of time the employee was employed by the foreign business. Where a business does not meet the exemption condition under Point b, Clause 13, Article 7 of Decree No. 219/2025/ND-CP, it should check whether any other exemption applies. If none applies, the business must complete the standard work permit procedure.

Common Errors That Lead to Dossier Rejection

Case-handling practice shows that most rejections stem from businesses incorrectly determining the applicable conditions themselves, not from simply missing documents.

• Incorrectly determining the foreign business’s sector, assuming it falls within the 11 WTO-committed service sectors when it actually does not.
• Failing to prove the 12-month continuous employment period with a valid document from the overseas employer, causing the exemption dossier to be rejected even when the sector condition is met.
• Filing the dossier outside the timeframe set under Clause 1, Article 9 or Clause 1, Article 22 of Decree No. 219/2025/ND-CP, either too early or too late relative to the expected start date.
• Confusing the “intra-company transfer” form under Point b, Clause 1, Article 2 with the “transfer from an overseas agency, organization, or business to work in Vietnam” form under Point h, Clause 1, Article 2. This mix-up, under Decree No. 219/2025/ND-CP, results in the wrong set of supporting documents.
• Failing to update the position-proof documents to match Article 19 of Decree No. 219/2025/ND-CP for each specific position, whether manager, executive director, expert, or technical worker.

Consulting and Authorized Representation Services for Intra-company Transfer Requires A Work Permit

Long Phan Consulting directly assists enterprises employing foreign workers under the intra-company transfer arrangement with the following matters:

• Reviewing sector conditions and the employee’s recruitment period to accurately determine whether the enterprise qualifies for a work permit exemption or must apply for a standard work permit.
• Preparing the dossier using the correct Form No. 01 for an application for a work permit exemption certificate or Form No. 03 for a work permit application under the Appendix to Decree No. 219/2025/ND-CP.
• Preparing and reviewing documents proving the employee’s job position under Article 19 and documents proving 12 consecutive months of prior employment as required by the competent authority.
• Working directly with the local Public Administrative Service Center and the competent provincial-level authority throughout the dossier processing period.
• Handling rejected applications and supplementing the dossier based on the specific reasons stated by the authority in its written response.
• Monitoring validity periods and carrying out extension procedures for the work permit exemption certificate or work permit before expiry.

Clients may send their case documents via email at info@longphanpmt.com or via Zalo at 0906.735.386 for a preliminary assessment.

Frequently Asked Questions About Intra-company Transfer Requires A Work Permit

Below are common questions enterprises raise when handling procedures for foreign employees working in Vietnam under an intra-company transfer arrangement.

Conclusion

Enterprises should correctly assess two key conditions, namely whether the business falls within the 11 WTO service sectors and whether the foreign employee has been continuously employed for at least 12 months, before choosing between applying for a certificate of exemption from work permit requirements and applying for a standard work permit under Decree No. 219/2025/ND-CP. Long Phan Consulting assists enterprises in reviewing eligibility, preparing the correct forms, and working directly with the competent authorities. Clients may contact Hotline 1900636389 for assistance.