Work permit (Work PermitA work permit is a mandatory legal document for foreigners wishing to work in Vietnam. In the context of increasingly stringent immigration and labor regulations under new decrees, understanding what a work permit is and the accompanying conditions will help businesses and workers avoid unnecessary legal risks. This article provides a comprehensive overview of the process, timeframe, and most important considerations when applying for a work permit for foreigners in 2026.
What is the concept of a work permit?
A work permit is a legal document issued by a competent authority in Vietnam to foreign workers. This document confirms that the worker is qualified to legally work in a specific position for an organization or business in Vietnam. It is the most important basis for determining the legality of a foreign expert working in Vietnam. Without a work permit, any employment contract signed between a business and a foreign worker is legally invalid under Vietnamese law.
Common names in English and Chinese
In international communication and documentation, this term has different names depending on the language used:
- The English term for a work permit is "Work Permit": This is the most standard term used in all administrative documents, visas, and temporary residence permits.
- The Chinese term for a work permit is 工作許可 (Gōngzuò xǔkě): Understanding this term helps Vietnamese businesses easily communicate with professionals from China, Taiwan, or Singapore during the application process.
Characteristics and content of a work permit
A standard work permit contains essential information for identifying the individual and the scope of work. This information is managed synchronously on the data system of the Ministry of Labour, Invalids and Social Affairs.
Below is the important information directly displayed on the license:
- Personal information: Including full name, date of birth, nationality, and valid passport number.
- Business information: Full name of the guaranteeing organization, registered head office address, and specific registered business locations.
- Professional information: Approved job titles include specialist, manager, executive, or technical worker.
The duration of work permits and renewal regulations.
According to the regulations at Labor Code 2019, The maximum duration of a work permit is 2 years. This period may be shorter depending on the duration of the employment contract or the document approving the employment of foreign workers.
Regarding contract renewal, businesses and employees should note the following points:
- Work permits can only be renewed once, for a period not exceeding two years.
- After renewing their work permit once, if employees still wish to continue working, they must go through the procedure to obtain a new work permit.
- Applications for renewal must be submitted between 5 and 45 days before the current license expires.
The meaning and benefits of having a work permit.
Possessing a work permit is not only a legal obligation but also brings tangible benefits to all parties involved. This creates a professional and transparent work environment.
Specific benefits include:
- Right of residence: This is a requirement for applying for a Temporary Residence Permit (TRC), allowing foreigners to freely travel and reside in Vietnam without needing to renew their visa periodically.
- Protection of rights: Individuals with work permits are entitled to full social insurance and health insurance benefits and are protected by law in the event of labor disputes.
- Business reputation: Demonstrates the professionalism and compliance with the law of the employer to inspection agencies.
Conditions for obtaining a work permit in Vietnam
The process for reviewing work permits for foreigners is becoming increasingly stringent to ensure the quality of the workforce. Accordingly, all parties must fully meet the criteria regarding qualifications and documentation.
Detailed information about the required conditions is summarized in the table below:
| Criteria | Detailed requirements |
|---|---|
| Behavioral capacity | Must possess full legal capacity as stipulated by law. |
| health status | Have a valid health certificate from designated hospitals. |
| Criminal record | No criminal record, not currently under criminal investigation. |
| Professional qualifications | Must have a university degree or higher and over 3 years of relevant experience. |
| Company profile | Is there a written job approval for a foreigner? |
Note: Diplomas and certificates of experience issued abroad must be legalized by the consular office and translated into Vietnamese by a certified translator to be valid.
Cases exempt from work permit requirements under the new regulations.
Not all employment situations require a work permit. Decree 70/2023/ND-CP The scope of exemptions has been expanded and clarified to attract foreign investment.
Common categories that are exempt include:
- Investors: Owners or contributing members of a limited liability company with a capital contribution value of 3 billion VND or more.
- Internal transfers: Personnel from 11 service sectors such as finance, education, tourism, etc., are moving from parent companies overseas to branches in Vietnam.
- Marriage: Foreigners married to Vietnamese citizens and residing in Vietnam (this category only requires confirmation of marriage instead of applying for a new certificate).
- Short-term experts: Entering Vietnam to perform emergency response work or for periods of less than 30 days at a time and not exceeding 90 days in a year.
Procedures and steps for applying for a work permit for foreigners.
To ensure a smooth work permit application process, businesses need to follow a strict two-stage procedure. Errors at any stage can result in the application being rejected, wasting time and money.
The specific procedure is as follows:
- Step 1: Explain the need for foreign workers. Businesses must submit a report to the Department of Labor, War Invalids and Social Affairs at least 15 days before starting to employ foreign workers.
- Step 2: Prepare the application documents for a new passport. The documents include form 11/PLI, a criminal record certificate, a health certificate, a 4x6 photograph, and a notarized copy of the passport.
- Step 3: Submit your application and wait for the results. Processing time is 5 to 7 working days. Currently, most provinces and cities have implemented online application submission through the public service portal.
Risks of working without a work permit
Unauthorized work or the use of unauthorized labor is subject to severe penalties under Decree 12/2022/ND-CP. This directly impacts the stability of the unit's production and business operations.
The penalties and sanctions include:
- For individuals: Fines ranging from 15 to 25 million VND and forced departure or deportation from Vietnam.
- For organizations: Fines of up to 75 million VND depending on the number of violators. In addition, businesses may have their business licenses revoked or operations suspended for a specified period.
Frequently Asked Questions about Work Permits
Can foreigners work for multiple companies with only one work permit? Currently, a work permit is only valid for one job position at a specific company. If you work in multiple places, you must apply for a work permit for each company to ensure legal compliance.
What should you do if you lose your work permit? Within 5 days of discovering the loss, the employee must report it to the employer to apply for a replacement. The application process is simpler, but still requires confirmation from the police regarding the loss of the document.
What are the consequences of renewing a work permit late? Late renewal applications (less than 5 days before expiration) will be rejected. In this case, the worker will be forced to go through the entire renewal process again, wasting time and potentially having to temporarily stop working while waiting for the result.
Conclude
Understanding and mastering what a work permit is and the latest regulations in 2026 is key to ensuring foreigners can work confidently in Vietnam. This process is not simply a matter of administrative procedures, but also a commitment to the quality of human resources and the company's compliance with the law. Because the process is subject to frequent minor administrative changes, organizations should proactively prepare their documents early to ensure a smooth workflow.
If you are having difficulty preparing your application or need detailed advice for your specific case, please check out our services at: Professional Work Permit.
For any questions or direct support, please submit your information to: Contact us for labor law advice..
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Content production is overseen by: Mr. Le Hoang Tuyen – Founder & CEO of MAN – Master Accountant Network, CPA Vietnam with over 30 years of experience in accounting, auditing, and financial consulting.
