What Permits Are Required for Foreigners Working in Vietnam?

In recent years, Vietnam has experienced remarkable economic growth, making it an increasingly attractive destination for international professionals seeking new challenges and experiences. As more foreigners look to work in Vietnam, it is essential to understand and adhere to the permit process to ensure legal employment status and avoid any potential complications. In this article, we will explore the various permits required for foreigners working in Vietnam, providing a comprehensive guide to help expatriates navigate the legal landscape with confidence.

Work Permit in Vietnam

Foreigners working in Vietnam for over 3 months generally require a work permit. These permits are usually valid for up to 2 years, allowing ample time to contribute skills and expertise to the Vietnamese workforce.

Employers must apply for the work permit on behalf of the foreign employee with the provincial Department of Labor, Invalids and Social Affairs (DOLISA). This process ensures that all necessary paperwork and requirements are met before the foreign worker begins their employment.

To obtain a work permit, several key requirements must be fulfilled:

1. The foreign employee must be at least 18 years old and have the full capacity to perform the job they are hired for.
2. Possessing relevant professional qualifications, expertise, and work experience needed to excel in their role is essential.
3. Good health, as certified by a Vietnamese health authority, is required. This ensures that the individual is fit to work and does not pose a public health risk.
4. Applicants must have no prior criminal record in Vietnam or their home country, maintaining the integrity and safety of the Vietnamese workforce.

Work Permit Exemption Certificate

Not all foreign workers in Vietnam are required to obtain a work permit. In certain cases, individuals may be eligible for a Work Permit Exemption Certificate. This exemption applies to:

• Company managers or executives who are involved in the decision-making and strategic direction of businesses in Vietnam. Capital-contributing members or owners of limited liability companies with a capital contribution value of at least VND 3 billion. Or members or the chairperson of the management board of joint-stock companies with a capital contribution value of at least VND 3 billion
• Chiefs of representative/project offices of international organizations or nongovernmental organizations in Vietnam
• Experts who are carrying out short-term for less than 03 months, specialized tasks that require a high level of expertise and are critical to the service or project

• Foreign nationals married to Vietnamese citizens and residing in Vietnam

• An intra-company transferee within 11 sectors in the schedule of commitments in services between Vietnam WTO

• Others 

The Work Permit Exemption Certificate is not merely a formality; it functions as a work permit and is also the basis to apply for a Temporary Residence Card (TRC). It is valid for up to two years, can be renewed for an additional 02-year-period and confirms the holder’s legal status for employment in Vietnam.

Temporary Residence Card (TRC)

A Temporary Residence Card (TRC) is a document that allows foreigners to reside legally in Vietnam for an extended period, ranging from one to five years. The TRC is particularly beneficial for those who plan to live and work in Vietnam long-term, as it exempts the holder from needing a visa and allows multiple entries into the country.

Holders of a TRC can enjoy the convenience of not having to renew their visas and can enter and exit Vietnam according to their work needs within the duration of the card. This not only saves time but also the costs associated with visa applications and extensions.

Documents required for foreigners in Vietnam

To apply for a work permit or a TRC, certain documents are required:

• A health certificate or medical examination certificate issued by a recognized medical agency or organization in Vietnam, which should not be older than 12 months at the date of submission.
• A criminal record check that must not exceed six months before being submitted, ensuring the applicant has no criminal history that would affect their eligibility.
• Other papers related to the foreign employee’s role and background, which may vary depending on each specific case.
• An authenticated copy of the passport and visa of the foreigner, confirming their identity and legal entry into the country.

It’s important to note that the process and requirements for obtaining these permits can change, and it is advisable to consult with legal experts or the Vietnamese embassy for the most current information.

The legal framework governing the employment of foreigners in Vietnam is designed to ensure that all parties adhere to the country’s regulations. Foreigners working without valid work permits can face serious consequences, including fines and deportation. Similarly, employers who hire foreigners without the proper documentation can also face significant fines.

Given the complexities of immigration laws and the potential for changes in regulations, it is prudent for both employers and foreign workers to seek guidance from immigration specialists or services like Talentnet.

Talentnet’s full package expat services offer a range of services that can assist with the legalities of  foreigner working in Vietnam, including obtaining work permits and TRC, ensuring that both the employee and employer are protected from any legal repercussions. With the right preparation and guidance, foreigners can embark on a rewarding professional journey in Vietnam while contributing to the country’s dynamic and rapidly evolving economy.