Vietnam Work Permit Application Dossier Guide

A Work Permit Application Dossier enables foreign nationals to work legally in Vietnam. Preparing a complete, accurate Work Permit Application Dossier per current guidelines saves businesses and employees time and money. It also prevents legal risks and administrative penalties. Understanding the Work Permit Application Dossier requirements facilitates legal and sustainable employment of foreign experts and technicians. This supports business development.

Conditions for Foreigners to Obtain a Work Permit in Vietnam

Foreign employees must meet basic conditions under Vietnamese law to receive a work permit. Article 151 of the Labor Code 2019 outlines these conditions for foreign nationals working in Vietnam:

• Age and Civil Capacity Conditions:

  • Aged 18 years or older.
  • Full civil capacity as per law.
  • Not subject to restricted civil capacity.

• Qualification and Health Conditions (Article 3, Clauses 3 & 6, Decree 152/2020/ND-CP):

  • Possess suitable professional qualifications, technical skills, or craftsmanship.
  • Have work experience in the relevant field.
  • Meet health standards set by the Ministry of Health.
  • Free from dangerous infectious diseases.

• Clear Criminal Record Conditions:

  • Not currently serving a prison sentence.
  • Criminal record expunged or no prior convictions.
  • Not currently under criminal prosecution.
  • Valid criminal record certificate.

Understanding these conditions helps prepare an effective Work Permit Application Dossier.

Current Complete Work Permit Application Dossier

The Work Permit Application Dossier is detailed in Decree 152/2020/ND-CP, amended and supplemented by Decree 70/2023/ND-CP. Applicants must prepare all documents per regulations for a smooth review. Missing any document can delay or lead to permit refusal.

Full Set of Work Permit Application Dossier Documents

Article 9 of Decree 152/2020/ND-CP, amended by Article 1 of Decree 70/2023/ND-CP, lists the main components of a Work Permit Application Dossier:

1. Employer’s written request for a work permit, using Form No. 11/PLI, Appendix I of Decree 152/2020/ND-CP. If the foreign employee works for one employer at multiple locations, the request must list all work locations.
2. Health certificate or medical examination report. This must be issued by a competent foreign or Vietnamese medical authority. It must be valid for 12 months from the health conclusion date to the dossier submission date. Alternatively, a certificate confirming good health as per the Minister of Health’s regulations is acceptable.
3. Criminal record certificate or a document confirming the foreign employee is not serving a sentence, has no unexpunged convictions, or is not under criminal prosecution. This can be from a foreign or Vietnamese authority. This criminal record certificate or confirmation document must be issued no more than 06 months before the dossier submission date.
4. Documents proving managerial, executive, expert, or technical worker status, and for specific professions:
   • Proof for managers, executives (Article 3, Clauses 4 & 5, Decree 152/2020/ND-CP):
     • Company charter or operational regulations of the agency, organization, or enterprise.
     • Business registration certificate, establishment certificate, establishment decision, or equivalent legal document.
     • Resolution or appointment decision by the agency, organization, or enterprise.
   • Proof for experts, technical workers (Article 3, Clauses 3 & 6, Decree 152/2020/ND-CP):
     • Diploma, certificate, or certification.
     • Confirmation from a foreign agency, organization, or enterprise regarding years of experience as an expert or technical worker. Alternatively, a previously issued work permit or confirmation of work permit exemption.
   • Proof of experience for foreign football players, an International Transfer Certificate (ITC) for foreign football players, or a document from the Vietnam Football Federation (VFF) confirming temporary or official registration for a club under VFF.
   • Pilot’s license issued by a competent Vietnamese or recognized foreign authority for foreign pilots. Alternatively, a professional certificate for flight attendants to work on aircraft, issued by the Ministry of Transport.
   • Certificate of professional qualification in aircraft maintenance. This can be issued by a competent Vietnamese or recognized foreign authority for foreign employees in aircraft maintenance.
   • Certificate of professional competence or recognition of such certificate issued by a competent Vietnamese authority for foreign seafarers.
   • Certificate of high achievement in sports, confirmed by the Ministry of Culture, Sports and Tourism for sports coaches. Alternatively, at least one of the following qualifications: AFC ‘B’ Coaching Certificate (Asian Football Confederation), AFC Goalkeeping Coaching Certificate Level 1, AFC Fitness Coaching Certificate Level 1, AFC Futsal Coaching Certificate Level 1, or any equivalent foreign coaching qualification recognized by AFC.
   • Diploma issued by a competent authority meeting qualification standards under the Law on Education, Law on Higher Education, Law on Vocational Education, and regulations on the organization and operation of foreign language and informatics centers by the Minister of Education and Training.
5. Two color photographs (4 cm x 6 cm, white background, facing forward, head uncovered, no colored glasses). Photos must be taken no more than 06 months before dossier submission.
6. Written approval of the need to employ foreign workers, unless exempt from this requirement.
7. Certified copy of a valid passport or a copy of the passport certified by the employer.
8. Documents related to the foreign employee, unless the employee falls under Point a, Clause 1, Article 2 of Decree 152/2020/ND-CP:
   • Intra-company transferees: Document from the foreign enterprise assigning the employee to its commercial presence in Vietnam. Also, proof the employee was recruited by the foreign enterprise at least 12 consecutive months before working in Vietnam.
   • Performing contracts/agreements (economic, commercial, financial, banking, insurance, science/technology, culture, sports, education, vocational training, health): Contract or agreement between Vietnamese and foreign partners, specifying the foreign employee’s work in Vietnam.
   • Contract-based service providers: Service contract between Vietnamese and foreign partners. Also, proof the foreign employee worked for the foreign enterprise (without a commercial presence in Vietnam) for at least 02 years.
   • Offering services: Document from the service provider assigning the foreign employee to Vietnam to negotiate service provision.
   • Working for foreign NGOs, international organizations permitted in Vietnam: Document from the sending agency assigning the employee to the NGO/international organization (unless under Point a, Clause 1, Article 2 of Decree 152/2020/ND-CP). Also, the operating license of the NGO/international organization in Vietnam.
   • Managers, executives, experts, technical workers: Document from the foreign agency, organization, or enterprise assigning the employee to Vietnam, consistent with the intended job position. Alternatively, documents proving managerial status per Clause 4, Article 3 of Decree 152/2020/ND-CP.
9. Special cases for the Work Permit Application Dossier:
   • Foreign employees with a valid work permit seeking to work for another employer in the same job position and title: The new Work Permit Application Dossier includes: confirmation from the previous employer of current employment, documents from items 1, 5, 6, 7, 8 above, and a certified copy of the issued work permit.
   • Foreign employees with a valid work permit changing job position, title, or work form (as per law) but not employer: The new Work Permit Application Dossier includes documents from items 1, 4, 5, 6, 7, 8 above, and the issued work permit or its certified copy.

Note: Consular Legalization and Certification of Documents: Documents in items 2, 3, 4, 6, and 8 above must be one original or a certified copy. If foreign, they require consular legalization, unless exempted by international treaties to which Vietnam and the foreign country are members, or by reciprocity, or by law. They must be translated into Vietnamese and notarized or certified per Vietnamese law.

Guidance on Drafting and Preparing the Work Permit Application Dossier

Drafting and preparing the Work Permit Application Dossier demands meticulousness and strict adherence to legal regulations. Attend to minor details to avoid errors affecting approval. The following is a reference process:

• Step 1: Collect all original foreign documents (diplomas, health certificates, criminal records, etc.).
• Step 2: Perform consular legalization at the Vietnamese Consulate abroad or the foreign country’s Ministry of Foreign Affairs.
• Step 3: Translate and notarize documents into Vietnamese at a competent authority.
• Step 4: Prepare the employer’s work permit application request using the prescribed form.
• Step 5: Take photos per specifications (4cm x 6cm, white background, within 06 months).
• Step 6: Copy and certify necessary documents.
• Step 7: Re-check the entire Work Permit Application Dossier before submission.

Pay special attention to document validity periods when preparing the Work Permit Application Dossier. Health certificates are valid for 12 months; criminal records for 06 months. Proper timing avoids document expiration during processing. For special Work Permit Application Dossier cases, seek legal expert advice. This ensures accurate preparation and full compliance with Vietnamese law.

Cases Where Foreigners Are Exempt from Work Permits

Article 7 of Decree 152/2020/ND-CP, amended by Clause 4, Article 1 of Decree 70/2023/ND-CP, and Clauses 3, 4, 5, 6, 7, and 8 of Article 154 of the Labor Code, specify work permit exemptions:

• Owner or capital-contributing member of a limited liability company with capital contribution of VND 3 billion or more.
• Chairman or member of the Board of Directors of a joint-stock company with capital contribution of VND 3 billion or more.
• Intra-company transferees within 11 service sectors under WTO commitments (business, finance, education, health, tourism, construction, information, distribution, environment, cultural entertainment, transport). Transferred within the same multinational corporation or enterprise.
• Entering Vietnam to provide expert and technical consultancy services or perform other tasks for research, construction, appraisal, monitoring, evaluation, management, and implementation of programs/projects using Official Development Assistance (ODA), as per ODA international treaties between Vietnamese and foreign authorities.
• Licensed by the Ministry of Foreign Affairs for information and press activities in Vietnam.
• Assigned by a competent foreign agency to teach or act as a manager/executive at educational institutions established in Vietnam by foreign diplomatic missions or intergovernmental organizations; or at institutions established under international treaties Vietnam has signed.
• Volunteers working without salary for NGOs or charitable programs.
• Entering Vietnam as a manager, executive, expert, or technical worker for less than 30 days and no more than 03 times a year.
• Entering Vietnam to implement international agreements signed by central or provincial agencies/organizations.
• Students studying abroad with internship agreements in Vietnamese agencies, organizations, or enterprises; trainees on Vietnamese ships.
• Relatives of members of foreign representative agencies in Vietnam.
• Holding an official passport to work for state agencies, political organizations, or socio-political organizations.
• Person responsible for establishing a commercial presence.
• Confirmed by the Ministry of Education and Training for foreign workers entering Vietnam for teaching, research, or leadership/management positions at educational institutions proposed by foreign diplomatic missions or intergovernmental organizations.
• Chief of a representative office, project, or primarily responsible for activities of an international organization or foreign NGO in Vietnam.
• Entering Vietnam for less than 03 months to offer services.
• Entering Vietnam for less than 03 months to handle complex technical incidents or situations affecting or potentially affecting production/business, which Vietnamese and currently present foreign experts cannot resolve.
• Foreign lawyers licensed to practice law in Vietnam under the Law on Lawyers.
• Cases under international treaties to which Vietnam is a member.
• Foreigners married to Vietnamese citizens and residing in Vietnam.

Although exempt from work permits, these individuals must comply with other immigration and residency regulations in Vietnam.

Comprehensive Work Permit Application Services by Long Phan Consulting Company

Long Phan Consulting Company provides professional work permit application services with experienced experts. Clients receive detailed advice on processes, procedures, and specific legal requirements. Our comprehensive service saves time and ensures maximum efficiency for your Work Permit Application Dossier.

Long Phan Consulting Company‘s service process includes:

• Advising on conditions for foreign employees working in Vietnam.
• Drafting, preparing dossiers for approval of employer’s need for foreign labor.
• Representing clients in submitting dossiers for approval of foreign labor needs.
• Drafting, preparing the Work Permit Application Dossier.
• Consular legalizing, translating foreign documents.
• Submitting the Work Permit Application Dossier and monitoring processing results.
• Receiving results and delivering them to clients.
• Advising on work permit renewal and re-issuance.
• Assisting with visa and temporary residence card procedures.
• Providing comprehensive labor law consultation.
• Offering specialized legal advice on foreign labor.
• Assisting with complex, special cases.

Long Phan Consulting Company guarantees the best service quality, saving clients time and costs. We ensure the Work Permit Application Dossier meets regulations for swift approval.

Frequently Asked Questions about the Work Permit Application Dossier

Common queries from employees and businesses regarding the Work Permit Application Dossier:

What is the processing time for a Work Permit Application Dossier?

Processing time is typically 7-15 working days from when the competent authority receives a complete, valid Work Permit Application Dossier. If document supplementation or information verification is needed, it may take an additional 5-10 days.

What is the cost of a work permit for a foreigner?

The current work permit issuance fee is VND 1,000,000 per person. Additional costs for consular legalization, notarized translation, and photos usually range from VND 3-7 million, depending on the document’s country of origin.

How long is a work permit valid, and can it be renewed?

A work permit is valid for a maximum of 2 years and can be renewed multiple times, each renewal not exceeding 2 years. Employees must submit a renewal Work Permit Application Dossier at least 45 days before expiration.

Can a foreigner work for multiple companies with one work permit?

No, each work permit allows work for one specific employer. To change employers, a new work permit or transfer procedure is required.

When is it necessary to determine the need for foreign labor before applying for a work permit?

Most cases require determining the need for foreign labor. Exceptions include managers/executives of foreign-invested enterprises, experts in ODA projects, and some other special cases.

What does a health certificate require, and where can it be obtained?

A health certificate must include a general examination, blood tests, chest X-ray, and infectious disease screening. It can be done at Ministry of Health-designated hospitals in Vietnam or competent medical facilities abroad.

What information does a criminal record certificate need, and which agency issues it?

A criminal record certificate must confirm the employee has no prior convictions or unexpunged records, is not serving a sentence, or under criminal prosecution. It is obtained from the competent police authority in the home country or last place of residence.

How should foreign diplomas be recognized for use in the Work Permit Application Dossier?

Foreign diplomas require consular legalization at a Vietnamese Consulate abroad or certification by the home country’s diplomatic agency. Then, they must be translated and notarized into Vietnamese in Vietnam.

Conclusion

The Work Permit Application Dossier requires meticulous preparation according to legal regulations. Clients must understand the conditions and procedures to avoid processing delays. Long Phan Consulting Company assists businesses in completing procedures quickly and effectively. Contact hotline 1900.63.63.89 for detailed advice on professional work permit application services and your Work Permit Application Dossier.