1. Basics
What is a Work Permit (giấy phép lao động, WP)?
A work permit authorises a foreign national to work for a specific employer in Vietnam. Without a WP or an exemption from it, working is prohibited — both the employee and the company are subject to fines (see section 7).
Source: Labour Code 2019, Articles 151–152; NĐ 219, Article 2.
Who needs a WP?
Any foreigner working in Vietnam under one of the forms listed in Article 2(1) of NĐ 219. The most common:
- Under an employment contract with a Vietnamese company (form "a");
- Intra-company transfer (form "b");
- Participation in projects and tenders (form "i");
- Employment contract with a foreign representative office (form "m").
Source: NĐ 219, Article 2(1).
Who is exempt from a WP?
The exemption list is in Article 7 of NĐ 219. There are two types:
Notification only. No confirmation needed; the employer notifies the authority no later than 3 working days before work starts:
- Owner or member of a limited liability company with a capital contribution of VND 3 billion or more;
- Chairman or member of the board of a joint-stock company with a contribution of VND 3 billion or more;
- Managers, executives, experts and technical workers present in Vietnam for less than 90 days per year (cumulative).
Certificate of exemption required (Form 01, processed within 5 working days) — for all other exemption grounds in Article 7.
Source: NĐ 219, Articles 7, 9.
Who issues a WP?
The Provincial People's Committee of the place of work. In practice it delegates to the Department of Home Affairs (Sở Nội vụ): after the 2025 reorganisation the former Department of Labour was merged into it.
Documents may be submitted online via the National Public Service Portal dichvucong.gov.vn or in person at the Administrative Services Centre.
Source: NĐ 219, Articles 4, 6, 22.
Is the WP tied to the person or the company?
To the employer. If you work for two companies, you need two WPs, one for each. If one company has several workplaces, they are all listed on one application — no separate WP needed.
Source: NĐ 219, Articles 4, 22.
2. Position and form of work
Which positions qualify for a WP?
A WP is issued only for four categories of positions (Article 3):
| Category | Who | Requirements |
|---|---|---|
| Nhà quản lý (Manager) | Enterprise manager under the Enterprise Law (director, chairman of members' council…) or head/deputy head of an organisation | No degree or experience required |
| Giám đốc điều hành (Executive) | Head of a branch or representative office; or head of a department who manages it directly | 3+ years of experience |
| Chuyên gia (Expert) | Specialist in a field | Degree + 2 years' experience (priority fields: 1 year) |
| Lao động kỹ thuật (Technical worker) | Technical specialist | 1 year training + 2 years' experience, or 3 years' experience |
Source: NĐ 219, Article 3.
I am the company director. Is that "Nhà quản lý" or "Giám đốc điều hành"?
Nhà quản lý. A company director is a "người quản lý doanh nghiệp" under the Enterprise Law. The "Giám đốc điều hành" category applies to the head of a branch or business unit and requires 3+ years' experience. A common mistake is writing "Giám đốc điều hành" because it sounds like "director".
Director status is evidenced by the company's charter and the appointment decision. No degree or experience proof is needed.
Source: NĐ 219, Article 3(1)–(2), Article 19(1); Enterprise Law 2020, Article 4(24).
I am registered as director in the Business Registration Certificate (ĐKKD). Do I still need a WP?
Yes, if you are an employed director rather than an owner with a VND 3 billion contribution. The ĐKKD entry proves your management status — it removes the degree/experience requirement but does not replace the WP.
Source: NĐ 219, Articles 7, 19.
An employed director — employment contract or service contract?
Employment contract (form "a"). A civil/service contract is not a valid basis for a WP.
Source: NĐ 219, Article 2(1)(a), Article 22.
3. Documents
What is needed for the first WP?
- Application Form 03 — simultaneously the justification for hiring a foreigner and the WP application.
- Medical certificate, issued within the last 12 months (Vietnamese or recognised foreign clinic). Not required in paper form if the result is already in the national health system.
- Valid passport.
- Criminal record certificate, issued within the last 6 months.
- Two colour photos 4×6 on a white background.
- Documents proving position (for a manager: charter and appointment decision).
- Document on the form of work. For an employment contract, no separate document is required.
- Vacancy announcement for Vietnamese nationals and proof of publication (see below).
Source: NĐ 219, Articles 18, 19.
Take a Vietnamese or a foreign criminal record certificate?
Either works:
- Vietnamese: for those residing in Vietnam with confirmed temporary registration. Since 01 March 2025, issued by the Case Management Department of the Provincial Police (Công an) — no longer Sở Tư pháp. Can be requested in the same online application as the WP.
- Foreign: from the country of nationality. Then an apostille (or consular legalisation) is needed, plus a certified Vietnamese translation.
Source: NĐ 219, Articles 6(3), 18.
How to authenticate foreign documents (degrees, certificates)?
From 11 September 2026, Vietnam applies the Apostille Convention. For documents from member states, an apostille is sufficient; consular legalisation is no longer required. A certified Vietnamese translation is still needed.
- Germany, Austria and the Czech Republic objected to Vietnam's accession, so the Convention does not apply between Vietnam and those countries; consular legalisation is still required. The official up-to-date list is maintained by the Vietnamese Ministry of Foreign Affairs.
- Russia did not object — apostille applies between Russia and Vietnam from 11 September 2026.
- Documents legalised before 11 September 2026 remain valid.
Source: Decree 293/2026/ND-CP, Articles 5(4), 30, 34; NĐ 219, Article 5.
Is it necessary to advertise a vacancy for Vietnamese nationals?
Yes, for employment contracts (and forms "i" and "m"), at first issue and at renewal. At least 5 days before filing, the employer must publicly post a vacancy announcement for the position they intend to fill with a foreigner. The application confirms that no suitable Vietnamese national was found.
The announcement must include: position and specific field of work, form of work, place of work, duration, required qualifications (if any). There is no exception for directors, even if already registered in the ĐKKD. At re-issue (cấp lại) no announcement is needed.
Where to post: the National Employment Exchange vieclam.gov.vn, another official job portal, or the organisation's official website.
Source: NĐ 219, Form 03 Section II; Labour Code, Article 11(1).
4. Form 03: How to complete
What are the most common mistakes in Form 03?
| Field | How to do it correctly |
|---|---|
| Kính gửi (addressee) | The competent authority: People's Committee of [province/city] or its authorised body. Sở LĐTBXH no longer exists |
| Employer type (I.2) | From the list in footnote (2): "Doanh nghiệp có vốn đầu tư nước ngoài", "Doanh nghiệp ngoài nhà nước"… |
| Primary sector (I.7) | Level-1 industry code under Decision 27/2018/QD-TTg (restaurant = Section I, Accommodation and Food Services) |
| Position (III.2a) | One of 4 categories: Nhà quản lý / Giám đốc điều hành / chuyên gia / lao động kỹ thuật. Company director = Nhà quản lý |
| Specific field of work | Occupation at level-3 code under Decision 34/2020/QD-TTg |
| Form of work (III.2b) | "Thực hiện hợp đồng lao động (điểm a khoản 1 Điều 2 Nghị định 219/2025/NĐ-CP)" |
| Period of work (III.2e) | Future dates "from … to …". Start date ≥ 10 days after filing; duration ≤ 2 years |
| Education and experience (III.3–4) | Mandatory at first issue; only real data |
| "Cấp/cấp lại/gia hạn" | Keep the relevant option. At first issue, delete the line about reason for re-issue |
| Signature | Legal representative of the employer, full name, seal |
Source: NĐ 219, Form 03 and footnotes (1)–(12), Articles 2, 3, 21, 22.
I am not yet on payroll, but the form asks about my work. What to write?
Write the work that is planned to begin. Section III.2 is titled "Thông tin về việc làm dự kiến" (information about planned employment). An employment contract is not needed at the time of filing.
Order: (1) File documents 10–60 days before the planned start date; (2) Receive the WP; (3) Sign the employment contract; (4) Start work.
Source: NĐ 219, Article 22.
5. Timelines
When to file? No earlier than 60 and no later than 10 days before the start of work.
How long does processing take? 10 working days from the date a complete set is received. If refused, the reason is given in writing.
For how long is a WP issued? For the duration of the employment contract, but no more than 2 years.
Can I start work while documents are being processed? No. Work may only begin with a valid WP, after signing an employment contract. The contract's term may not exceed the WP's term.
Source: NĐ 219, Articles 21, 22.
6. After receiving the WP
How to renew a WP?
- File 10–45 days before expiry. Some sources incorrectly state "5–45 days" — disregard that.
- Processing: 10 working days.
- Can be renewed once only, for up to 2 years.
- Documents required: Form 03, medical certificate, photos, passport, valid WP. The vacancy announcement is also required.
Source: NĐ 219, Articles 27–29.
The single renewal has expired. What next?
Apply for a new WP. The document set is lighter: no criminal record certificate required.
Source: NĐ 219, Article 20(3).
WP lost, damaged or details changed. What to do?
Apply for a re-issue (cấp lại) — if the WP is lost/damaged, or the holder's name/nationality/passport number has changed, or the employer's name changed while the ID number stayed the same. Processing: 3 working days; the new WP is valid for the remaining term.
Source: NĐ 219, Articles 23–26.
Moving to a new employer or working for a second company.
A separate WP is needed for the new employer. If the position and field are the same, a lighter document set applies: no medical or criminal record certificate; attach a copy of the current WP.
Source: NĐ 219, Article 20(1).
Changing position or form of work at the same employer.
A new WP is needed. Medical and criminal record certificates are not required. Attach documents for the new position/form and a copy of the previous WP.
Source: NĐ 219, Article 20(2).
Working in a different province for the same employer.
The employer notifies the competent authority of that province at least 3 working days before the planned start date.
Source: NĐ 219, Article 22(5).
WP has expired. What now?
The employer returns the WP to the issuing authority within 15 days. WP expiry is a ground for terminating the employment contract.
Source: NĐ 219, Article 31; Labour Code, Articles 34(12), 156.
7. Liability
What are the penalties for working without a WP?
From 10 September 2026, Decree 283/2026/ND-CP applies:
| Violation | Fine |
|---|---|
| Foreigner works without a WP or exemption | VND 15–25 million and deportation |
| Employer uses foreigners without WP (1–10 people) | VND 30–45 million |
| 11–20 people | VND 45–60 million |
| 21 or more | VND 60–75 million |
Fines shown are for individuals. For companies the fine is doubled: VND 60–150 million.
Source: Decree 283/2026/ND-CP, Article 7(1), Article 13(3),(5),(6)(b).
8. Related topics
Is social insurance (BHXH) mandatory for foreigners?
Yes, if the employment contract is for 12 months or more. Exceptions: intra-company transfer and reaching retirement age.
- Employee contribution: 8% (pension). Employer: 17% (3% sickness/maternity + 14% pension).
- Health insurance (BHYT): employee 1.5%, employer 3%.
- Foreigners do not pay unemployment insurance (BHTN).
- If a foreigner has employment contracts with two companies: the employee pays their contribution to only one employer (the first signed); each employer still pays the employer's share.
Source: Law on Social Insurance 2024 (41/2024/QH15), Article 2(2); Decree 158/2025/ND-CP.
What is a TRC and when should it be obtained?
A TRC (thẻ tạm trú, temporary residence card) is obtained after receiving the WP. Requirements: an LĐ1 or LĐ2 work visa; passport valid for at least 13 more months; WP valid for at least 12 more months. Processing: approximately 5 working days; valid for up to 2 years, no longer than the WP.
Source: Law on Entry… (47/2014/QH13, as amended), Articles 36–37.
Foreign director as legal representative — what matters?
A company must have at least one legal representative residing in Vietnam. If they are the only one and leave the country, a written power of attorney is required. Absence of more than 30 days without a POA is grounds for replacement.
Source: Enterprise Law 2020, Article 12.