Decree 152/2020/ND-CP Decree 152/2020/ND-CP is a foundational legal document that details the provisions of the Labor Code regarding the management and recruitment of foreigners in Vietnam. As of 2026, despite adjustments from Decree 70/2023/ND-CP, the legal framework of Decree 152/2020/ND-CP remains core in determining licensing conditions and professional standards. Understanding these regulations not only helps businesses comply with the law but is also key to sustainably attracting international talent.
Subjects subject to regulation by Decree 152/2020/ND-CP
To properly implement administrative procedures, employers must first accurately identify the target groups addressed by Decree 152/2020/ND-CP. According to Article 2 of this document, these target groups include:
- Foreign workers in Vietnam work under various forms: labor contracts; internal transfers within enterprises; and economic, commercial, financial, and insurance contracts.
- Organizations, businesses, state agencies, representative offices, and contractors employing international workers operating within the territory of Vietnam.
- Experts, managers, executives, and technical workers involved in technical assistance projects or non-governmental activities.
Legal requirements for foreigners to work in Vietnam
The issuance of work permits is based not only on the needs of businesses but also on the ability of workers to meet stringent standards regarding their personal background and professional qualifications, as outlined in the legal framework of Decree 152/2020/ND-CP.
Standards regarding competence and personal background.
Based on Article 151 of the Labor Code and the guidelines in Decree 152/2020/ND-CP, employees must meet the following requirements:
- Possesses full legal capacity as stipulated by law.
- Must be in good health and meet the job requirements as specified in the list of hospitals designated by the Ministry of Health.
- Not currently serving a sentence or with an unexpunged criminal record under Vietnamese and international law (proven by a criminal record certificate issued no more than 6 months prior).
Professional qualifications and practical experience required.
Each job position requires a specific set of qualifications and work experience standards. This is to ensure that international personnel truly bring high professional value to the Vietnamese market, in accordance with the spirit of Decree 152/2020/ND-CP.
Below are the minimum standards that businesses need to check before proceeding with the guarantee procedure:
| Job position | Diploma required | Professional experience |
|---|---|---|
| Expert | Bachelor's degree or equivalent. | At least 3 years of experience in the industry. |
| Technical workers | Specialized training of at least one year | At least 3 years of relevant experience |
| Manager | Documents confirming management position | Decision on appointment or verification of experience |
| CEO | Documents proving leadership position | Practical business management experience |
Note after the table: According to Decree 70/2023/ND-CP (amending some articles of Decree 152/2020/ND-CP), the qualifications of experts or technical workers do not necessarily have to be in the correct field of study, as long as they have practical experience relevant to the intended job position.
Current procedures and processes for issuing work permits.
The implementation process of Decree 152/2020/ND-CP requires close coordination between human resources departments and state management agencies. In situations involving complex cases, support from specialized units such as MAN – Master Accountant Network This will help businesses shorten processing times and minimize the risk of application rejection.
Procedures for reporting labor needs.
This is a prerequisite and mandatory step as stipulated in Decree 152/2020/ND-CP:
- Businesses must post job advertisements for Vietnamese workers in positions intended for foreign workers on the Department of Employment's electronic portal at least 15 days before the expected date of employment.
- Prepare and submit a report explaining the need for foreign labor. Ministry of Labour, Invalids and Social Affairs or the Provincial People's Committee to receive the approval document.
Procedures for submitting an application for a work permit.
After receiving written approval of the request, the business proceeds as follows:
- Prepare the documents as follows Form No. 11/PLI According to Decree 152/2020/ND-CP, attached documents must have been legalized by the consular office and notarized for translation.
- Submit applications directly or online to the Department of Labor, War Invalids and Social Affairs at least 15 days before the employee starts work.
Detailed list of documents required for a work permit application.
A complete application dossier in accordance with Decree 152/2020/ND-CP must ensure the legality and timeliness of the following documents:
- Application for a work permit (Form No. 11/PLI issued with Decree 152/2020/ND-CP).
- The health certificate is valid for 12 months at hospitals listed in the regulations.
- A criminal record certificate from Vietnam or a foreign country, issued no more than 6 months prior to the date of issuance, as required by current legal regulations.
- Diplomas, certificates, and work experience confirmations (legalized by the consulate).
- Two color photos (4x6 cm, white background, no colored glasses).
- A certified copy of a passport that is still valid according to the law.
Cases exempt from work permit requirements (updated 2026)
Besides cases of new license applications, Vietnamese law and Decree 152/2020/ND-CP also create conditions for certain specific groups of entities that do not need to apply for a license but are still required to go through the confirmation or reporting procedure.
- Owners or contributing members of a limited liability company whose capital contribution reaches the threshold prescribed by the Government.
- Foreign workers who marry Vietnamese citizens and reside in Vietnam are exempt from work permits according to Decree 70/2023/ND-CP amending Decree 152/2020/ND-CP.
- Experts and managers entering Vietnam to work for less than 30 days and no more than 90 days per year.
- Foreign students studying at schools abroad who have internship agreements with agencies, organizations, and businesses in Vietnam are eligible for internships in accordance with Decree 152/2020/ND-CP.
Penalties for violations related to the management of foreign workers.
Failure to comply with Decree 152/2020/ND-CP leads to serious legal consequences as stipulated in Decree 12/2022/ND-CP:
- Workers who work without a permit will be dismissed and deported from Vietnam.
- Businesses employing workers without permits will be fined between 30 million and 75 million VND, depending on the number of workers in violation, as stipulated in Decree 152/2020/ND-CP.
- For reporting or record-keeping violations, businesses may face temporary suspension of operations and negative impacts on their reputation with tax and labor authorities.
Addressing key questions regarding Decree 152/2020/ND-CP
Below are common questions that businesses often encounter when implementing procedures related to Decree 152/2020/ND-CP:
What is the maximum duration of a work permit for foreigners?
Is it mandatory for businesses to post job openings before accepting applications?
In what cases do foreigners not need to apply for a work permit?
How is consular legalization of diplomas and certificates carried out?
When should businesses consider using services from MAN - Master Accountant Network?
Conclude
Decree 152/2020/ND-CP serves as a guiding principle for all activities related to the use of international personnel in Vietnam. Understanding and adhering to the procedures, from reporting needs to granting work permits, not only protects the legal rights of workers but also helps businesses build a solid governance foundation. In the context of 2026, proactively updating legal knowledge and collaborating with experts will help organizations confidently integrate and optimize international resources for sustainable development.
Contact information for MAN – Master Accountant Network
- Address: 19A, 43rd Street, Tan Thuan Ward, Ho Chi Minh City
- Mobile/Zalo: 0903 963 163 – 0903 428 622
- Email: man@man.net.vn
Content production is overseen by: Mr. Le Hoang Tuyen – Founder & CEO of MAN – Master Accountant Network, CPA Vietnam auditors with over 30 years of experience in accounting, auditing, and financial consulting.
