The latest process for obtaining a work permit in Vietnam that foreigners should know

1. What is a work permit?

A work permit is a legal document that allows foreign nationals to work in Vietnam legally.

A valid work permit must be issued by the state labor management authority in Vietnam, including:

(1) Department of Employment under the Ministry of Labor, Invalids and Social Affairs

(2) Department of Labor, Invalids and Social Affairs where the foreign worker is expected to work.

The work permit contains specific information about the foreign worker including: Full Name, Passport Number, Date of Birth, Nationality, Name & Address of the employer, Position, Work duration.

2. The process of issuing a work permit is as follows:

- At least 15 days before the expected start date of work in Vietnam, the applicant for a work permit must submit the application to the Ministry of Labor - Invalids and Social Affairs or the Department of Labor - Invalids and Social Affairs where the foreign worker is expected to work as follows:

+ Employers in cases where foreign workers work in accordance with points a, b, e, g, i, and k clause 1 Article 2 Decree 152/2020/ND-CP;

+ Vietnamese organizations, enterprises, or foreign organizations, enterprises operating in Vietnam where foreign workers work in accordance with points c and d clause 1 Article 2 Decree 152/2020/ND-CP;

+ Foreign workers entering Vietnam to sell services, the responsible party must establish a commercial presence in accordance with points d and h clause 1 Article 2 Decree 152/2020/ND-CP.

- Within 05 working days from the date of receiving the complete application for a work permit, the Ministry of Labor - Invalids and Social Affairs or the Department of Labor - Invalids and Social Affairs where the foreign worker is expected to work will issue a work permit to the foreign worker according to Form 12/PLI Appendix I issued with Decree 152/2020/ND-CP. In case the work permit is not issued, a written response must be given with the reasons.

- For foreign workers as stipulated in point a clause 1 Article 2 Decree 152/2020/ND-CP, after being granted a work permit, the employer and the foreign worker must sign a written labor contract in accordance with the labor laws of Vietnam before the scheduled work date.

The employer must submit the signed labor contract to the issuing authority of the work permit. The labor contract is the original or a certified copy.

The work permit is A4 size (21cm x 29.7cm), consisting of 2 pages: page 1 is green; page 2 is white with blue patterns, and a star in the middle. The work permit is coded as follows: provincial code, central city code, and the code of the Ministry of Labor - Invalids and Social Affairs as per Form 16/PLI Appendix I issued with Decree 70/2023/ND-CP; the last two digits of the year of issuance; type of permit (new issuance code 1; extension code 2; re-issuance code 3); sequence number (from 000,001).

In case the work permit is electronic, it must comply with the relevant legal regulations and meet the content requirements according to Form 12/PLI Appendix I issued with Decree 152/2020/ND-CP.