Moving to a new country for work can be an exciting adventure, but it also comes with its own challenges, especially regarding legal requirements like obtaining a work permit. If you’re planning to work in Vietnam as an expert, understanding the process of obtaining a Vietnam work permit is essential.

What is a Vietnam Work Permit?

• A work permit is a compulsory document issued by the Vietnamese labor authorities (e.g., MOLISA or DOLISA) that grants foreign nationals the legal right to work within the country. This permit serves as a legal basis, safeguarding the rights of foreign workers and ensuring compliance with labor laws.
• When foreign employees receive work permits, the permits recognize them as legally employed, safeguarding their rights and interests in employment relationships.

As per the Labor Code 2019, Article 151.1, the prerequisites for foreign workers in Vietnam are as follows:

• Must be at least 18 years old and possess full civil act capacity.
• Have the necessary technical skills, professional qualifications, or occupational experience, and their health must meet the standards set by the Minister of Health.
• Not serving a sentence, having an unrepealed criminal record, or being under criminal prosecution according to foreign or Vietnamese law.
• Must hold a work permit issued by a Vietnamese state management agency authorized to do so, except in cases outlined in Article 154 of the Code.

Foreign workers in Vietnam must adhere to the conditions and the Vietnamese Labor Code. They are protected by Vietnamese law, unless an international treaty states that Vietnam is a party to states otherwise.

Who Needs a Vietnam Work Permit?

Not everyone needs a work permit in Vietnam, but most foreign nationals planning to work here do. Typically, you will need a work permit if you are:

• An employee of a company/branch/representative office based in Vietnam
• An investor or owner of a business in Vietnam
• A representative of a foreign non-governmental organization

Requirements for Vietnam Work Permit

To apply for a work permit in Vietnam, a foreign employee must meet the following criteria:

• The employee must have full civil act capacity as prescribed by law.
• The employee must be in suitable health for the job requirements.
• The employee must not have a criminal record or be undergoing criminal prosecution, in accordance with both Vietnamese and foreign law.
• The employee must hold a position as an enterprise manager, executive director, expert, or technician and be able to provide documentation proving their status in accordance with Decree 152/2020/NĐ-CP – Article 3.

For Foreign Experts, based on specific conditions for their roles in Vietnam, the particular requirements for Vietnam work permit are as follows:

• • Bachelor’s degree or higher (or equivalent) and have a minimum of three years of experience in a relevant field; or
  • Have a practice certificate that has been officially recognized or approved and a minimum of five years of experience in a relevant field.

These conditions ensure that foreign employees are well-suited and qualified for their roles in Vietnam.

Timeline Considerations for the Vietnam Work Permit Process

Typically, the estimate for the whole process of a Vietnam Work Permit, from collecting necessary documents to getting results from DOLISA, might take six to eight weeks, depending on a range of factors and assuming all documents are in order. If the required documents are not ready, this timeline will be extended.