Things to know about work permits in Vietnam for foreigners

Working in a foreign country is an exciting and challenging experience for any worker. However, before starting work, one of the most important factors that foreigners need to pay attention to is obtaining a valid work permit. A work permit is not only a document proving labor rights but also an important legal basis to help ensure workers' rights and legality during the working process. In this article, we will learn the basic things you need to know about work permits for foreigners working in Vietnam.

What is a work permit?

A work permit, also known as a work permit, is an important document that allows foreigners to participate in legal work activities in Vietnam. On the work permit, information about the employee, the name and address of the organization they work for, as well as the job position will be clearly shown. Foreigners must perform work according to the requirements stated in the permit, as failure to comply may be considered a violation of the law.

The term of a work permit is usually a maximum of 2 years and this is an important document that helps foreigners apply for a temporary residence card in Vietnam.

Without a work permit, foreigners will not be allowed to work in Vietnam, unless they are exempt from work permits. However, in this case, foreign workers need to apply for a work permit exemption to be able to work legally.

Are foreigners required to have a work permit when working in Vietnam?

According to the provisions of Article 151 of the 2019 Labor Code, foreigners who want to work in Vietnam must have a work permit unless they are not subject to a work permit as prescribed in Article 154 of the 2019 Labor Code.  

Specifically:

“Article 151. Conditions for foreign workers working in Vietnam

1. Foreign workers working in Vietnam are people with foreign nationality and must meet the following conditions:

a) Be 18 years old or older and have full civil act capacity;

b) Have professional qualifications, techniques, skills, and work experience; Have good health according to regulations of the Minister of Health;

c) Not a person who is serving a sentence or has not had his/her criminal record erased or is being prosecuted for criminal liability according to the provisions of foreign law or Vietnamese law;

d) Have a work permit issued by a competent Vietnamese state agency, except for the cases specified in Article 154 of this Code.”

In what cases do foreigners not need a work permit when working in Vietnam?

According to the provisions of Article 154 of the 2019 Labor Code, there are some cases where foreigners do not need a work permit when working in Vietnam. Specifically, cases of work permit exemption include:

“Article 154. Foreign workers working in Vietnam are not subject to work permits

1. Be an owner or capital contributing member of a limited liability company with capital contribution value according to Government regulations.

2. Be the Chairman of the Board of Directors or a member of the Board of Directors of a joint stock company with capital contribution value according to Government regulations.

3. Be the Head of a representative office, project or have main responsibility for the activities of international organizations and foreign non-governmental organizations in Vietnam.

4. Enter Vietnam for less than 3 months to offer services.

5. Entering Vietnam for a period of less than 03 months to handle incidents or complex technical and technological situations that affect or threaten to affect production and business that Vietnamese experts and Foreign experts currently in Vietnam cannot handle it.

6. Be a foreign lawyer who has been granted a License to practice law in Vietnam according to the provisions of the Law on Lawyers.

7. In cases under the provisions of international treaties to which the Socialist Republic of Vietnam is a member.