Foreign workers in Vietnam move through three mandatory stages—Job Position Approval, Work Permit issuance, and Temporary Residence Card (TRC)—with statutory processing totaling around 15 working days for the first two stages under Decree 152/2020/ND-CP (effective February 15, 2021), plus 5–7 working days for TRC processing under immigration regulations. In practice, document legalization outside Vietnam extends total end-to-end timelines to 45–60 days, since the Decree only governs internal processing limits for Vietnamese authorities, not total start-to-finish duration.
Employers using foreign workers without valid work permits or required exemption certificates face tiered administrative fines of VND 30–75 million (~USD 1,200–3,000), doubled for organizational violators, under Decree 12/2022/ND-CP (effective January 17, 2022).
Work Permit Requirements & Eligibility
Foreign workers requiring work permits are classified as experts, managers, executives, or technical workers under Decree 152/2020/ND-CP, Article 3. Separate exemption categories under the Labor Code 2019 (Law 45/2019/QH14) and Article 7 of the Decree apply to specific situations. Eligibility hinges on proper educational credentials, professional experience, and legalized documents—the Department of Labor, Invalids and Social Affairs (DOLISA) rejects applications containing unlegalized foreign documents.
Expert Qualifications
Experts need a bachelor’s degree or higher relevant to the intended position plus at least 3 years of professional experience. Alternatively, 5 years of relevant experience combined with a practicing certificate qualifies, as Decree 152/2020/ND-CP specifies. Foreign degrees must be legalized—either apostilled under applicable treaties or authenticated through consular procedures—then translated and notarized in Vietnam before DOLISA accepts them.
The Ministry of Labor, Invalids and Social Affairs (MOLISA) verifies experience against submitted documents: employer reference letters, employment contracts, or social insurance records from previous employers. Missing or inconsistent documentation results in refusal, with written explanation of reasons per the Decree. Reference letters must include employment dates, job titles, and responsibilities matching the intended Vietnam role.
Start apostille processing 2–4 weeks before submission. Consular legalization takes 4–6 weeks. US applicants need state-level authentication followed by federal authentication; UK applicants route through the Foreign, Commonwealth & Development Office.
Technical Worker Requirements
Technical workers must have completed at least 1 year of specialized training plus 3 years of practical experience for the intended position, per Decree 152/2020/ND-CP. This pathway covers manufacturing, construction, and specialized service roles requiring technical expertise without university-level education.
Training certificates follow the same legalization rules as degrees—apostille or consular legalization in the country of issuance, then Vietnamese translation and notarization. Unlegalized training documents are rejected. Certificates must clearly specify training duration, technical skills acquired, and institution accreditation.
Manager Category Criteria
Intra-company transferees and certain other positions may qualify for work permit exemptions under Article 7 of Decree 152/2020/ND-CP. For exempt cases, employers apply for official confirmation that the foreign worker doesn’t need a work permit, while still complying with labor demand approval procedures separately.
Intra-company transferees must have worked for the parent company for at least 12 months before transfer. The parent company and Vietnam entity need verified ownership connections through corporate documents. DOLISA checks these relationships during application review.
Mandatory Supporting Documents
Each work permit application requires the following, properly legalized and translated per Decree 152/2020/ND-CP:
- Criminal record certificate—issued within 6 months, legalized in country of issuance
- Health certificate from a Vietnamese hospital or clinic recognized by MOLISA
- 4×6 cm photos (white background, recent)
- Passport copy with minimum 6 months validity
- Completed Form 11/PLI
- Approved job position notification (Form 01/PLI from employer)
Health certificates must confirm the foreign worker meets Vietnamese health standards, including absence of serious infectious conditions restricted for employment under Ministry of Health regulations. Vietnamese hospitals in major cities process these in 1–2 days at VND 500,000–1,000,000 (~USD 20–40).
Your employer must secure the approved job position notification before DOLISA accepts the work permit application. Document sequencing matters—submitting without Form 01/PLI approval triggers immediate rejection without review.
Work permit approval is the first step in a longer employer compliance sequence—for contract structuring, SHUI registration, and ongoing HR obligations, see Vietnam employment law and HR compliance for FDI companies.
Application Process & Timeline
Employers follow three sequential stages—labor demand approval, work permit issuance, then TRC under immigration law—with statutory timelines for the first two stages under Decree 152/2020/ND-CP. Each stage must finish before the next begins. No concurrent processing allowed.
Stage 1: Job Position Approval
Employers submit a report explaining foreign worker demand and demonstrating commitment to prioritizing Vietnamese employees under the Decree. In practice, labor authorities expect clear commitments on training and knowledge transfer to local staff.
DOLISA issues approval within 10 working days of receiving complete documentation. Provincial labor authorities handle this stage, coordinating with relevant agencies to verify employer legal status and compliance records.
Knowledge transfer requirements prove critical—your employer must specify which local employees receive training, training duration, and measurable skills transfer milestones. DOLISA evaluates whether hiring foreign workers serves Vietnam’s economic development beyond just filling positions.
Foreign worker positions must meet regional minimum wage floors regardless of permit category—confirm current rates in Vietnam’s 2026 minimum wage rates and employer compliance impact.
Stage 2: Work Permit Application
After job position approval, your employer submits Form 11/PLI with all legalized documents to DOLISA. The dossier includes the approved job position notification, legalized educational certificates, criminal record check, health certificate, passport copy, and photos.
DOLISA processes complete applications within 5 working days per the Decree, though practical processing sometimes extends to 7 days depending on local workload. Document legalization causes most delays—apostille processing typically takes 2–4 weeks, while consular legalization stretches 4–6 weeks.
During this stage, DOLISA officers verify educational certificates against international databases, check criminal record certificates with issuing authorities when questions arise, and confirm employment history with previous employers if inconsistencies surface. Thorough preparation prevents verification delays.
Employment contract terms must align with the approved job position and permit duration—review Vietnam labor contract types, probation rules, and written contract requirements before finalizing offers.
Stage 3: Temporary Residence Card
Foreign workers apply for TRCs through Immigration Department offices using Form NA2 (the standard immigration application form for residence cards). The application needs the original work permit, passport, photos, and proof of accommodation in Vietnam. Immigration offices typically process TRC applications within 5–7 working days, issuing cards aligned with the remaining work permit or contract period under the Law on Entry, Exit, Transit and Residence of Foreigners in Vietnam (Law 47/2014/QH13, amended).
Accommodation proof requires a temporary residence registration form from your landlord or hotel, verified by local police. This registration must show your current address matching the address in your work permit application. Inconsistent addresses between work permit and TRC documents prompt questions or refusal until corrected—verify consistency before submission.
| Stage | Authority | Timeline | Key Documents |
|---|---|---|---|
| Job Position Approval | DOLISA | 10 working days | Form 01/PLI, Labor demand report |
| Work Permit | DOLISA | 5–7 working days* | Form 11/PLI, Legalized qualifications |
| TRC Application | Immigration Dept. | 5–7 working days | Form NA2, Work permit, Photos |
*5 working days statutory under Decree 152/2020/ND-CP; may extend to 7 days in practice.
Cut total processing time by starting document legalization before job position approval, preparing health certificates and criminal record checks during the approval waiting period, and keeping organized files for immediate submission. Companies hiring multiple foreign workers should stagger applications—submitting 10+ simultaneously creates processing bottlenecks at DOLISA.
All foreign documents need certified Vietnamese translations by licensed translators. Translation bureaus charge VND 150,000–300,000 (~USD 6–12) per page with 3–5 day turnaround.
Compliance Risks & Penalties
Employers hiring foreign workers without valid work permits or exemption certificates face scaled administrative fines based on worker count under Article 32 of Decree 12/2022/ND-CP. Penalties create significant compliance exposure for FDI operations hiring multiple foreign specialists.
Penalty Structure by Worker Count
The fine tiers work like this:
- 1–10 workers: VND 30–45 million (~USD 1,200–1,800) per violation
- 11–20 workers: VND 45–60 million (~USD 1,800–2,400) per violation
- 21+ workers: VND 60–75 million (~USD 2,400–3,000) per violation
Organizational employers (companies, not individuals) face doubled penalties under Clause 1, Article 6 of the Decree. A company employing 15 workers without permits faces a VND 45–60 million base penalty, doubled to VND 90–120 million (~USD 3,600–4,800) as an organizational violation. Individual managers directing illegal employment face separate personal fines.
Repeated violations involving illegal use of foreign workers trigger more severe administrative handling and closer scrutiny. Treat initial violations as serious—prioritize corrective measures immediately.
Work permit violations can escalate into broader labor disputes when affected workers challenge employment validity—understand escalation risks in Vietnam labor dispute resolution and employer compliance procedures.
Illegal Employment Definition
Foreign workers must hold valid work permits, use them according to the approved job position and workplace, and stop working when permits expire unless properly extended, per Labor Code 2019 (Law 45/2019/QH14) and Article 14 of Decree 152/2020/ND-CP.
Employers who miss the extension window generally need to prepare a new dossier following procedures similar to a fresh application. Track work permit expiry and submit extension dossiers within the required lead time before expiration—failing to do so can mean the foreign worker cannot legally work during reprocessing.
When work permits expire without renewal, employment must cease—see employee termination legal grounds and severance calculation procedures for compliant contract-end processes.
Common Employer Mistakes
Many employers let foreign staff enter Vietnam on business visas while work permits process. Those visas don’t authorize employment—starting substantive work before the permit and appropriate residence status are in place creates immediate legal exposure. Tax authorities cross-check payroll records against work permit databases during audits, identifying gaps between employment start dates and permit issuance dates. The risk: retroactive penalty assessment plus potential deportation.
Work permit issuance date determines when SHUI contributions begin—gaps between employment start and permit issuance trigger back-payment exposure under Vietnam social insurance 2026 rates and expat participation rules.
Tax authorities also cross-check work permit validity against PIT declarations—ensure alignment with personal income tax finalization under the 183-day residency rules to prevent audit discrepancies.
Working outside your permitted job scope is another frequent violation. Work permits state the position and workplace—substantial changes to either require a new or adjusted permit under the Decree.
Four mistakes seen most often:
- Starting workers on business visas before work permit issuance (immediate legal liability)
- Assigning permit holders to different roles than the approved description (scope violation)
- Missing the renewal window before expiration (forces full reapplication)
- Failing to coordinate TRC timing with visa validity (triggers overstay penalties)
Labor inspectors from competent authorities conduct scheduled or ad-hoc inspections of employers using foreign workers. Inspectors review employment contracts, payroll records, work permits, and TRCs for all foreign staff during visits.
TRC and Visa Compliance
TRC delays cause gaps in legal status—foreign workers who overstay face administrative fines that increase with overstay length under immigration regulations. Coordinate TRC applications immediately after work permit issuance to prevent status gaps.
Visa categories must align with employment status. Tourist visas don’t support work permit and long-term employment procedures—employers should arrange suitable business or work-purpose entries before commencing employment.
Business visas allow entry but not employment. You can legally enter Vietnam on a business visa to start your work permit application, but you can’t begin working until the permit is issued. Employment start dates in contracts must match or follow work permit issuance dates.
Work Permit Management Next Steps
Effective work permit management starts with the mandatory sequence: Job Position Approval enables Work Permit application, which then allows TRC processing. Document legalization remains the primary timeline bottleneck—2–4 weeks for apostille, 4–6 weeks for consular legalization.
Connect work permit management to your payroll systems and HR databases for audit-readiness. Tax authorities cross-check employment records against work permit databases during inspections. Synchronized work permit and payroll records prevent audit flags—see employer payroll costs and gross-to-net calculation guide for expat-specific SHUI and PIT deduction setup.
Questions about work permit requirements for your team structure? Indochina Link Vietnam provides end-to-end work permit and TRC management integrated with FDI payroll compliance—document legalization coordination, DOLISA liaison, and ongoing permit renewal tracking.
Legal Disclaimer: This guide provides general information about Vietnam work permit procedures current as of January 2026. Work permit requirements vary by individual circumstances, industry sector, and frequent regulatory updates. This content does not constitute legal or immigration advice. Consult qualified Vietnam immigration counsel for guidance specific to your situation.
Frequently Asked Questions
You need legalized degree or vocational certificates, criminal record check issued within 6 months, health certificate from a Vietnamese hospital, 4x6 cm photos (white background), passport copy showing 6+ months validity, and completed Form 11/PLI. All foreign documents must be apostilled or consular-legalized before submission.
Work permit exemptions under Article 7 of Decree 152/2020/ND-CP and related Labor Code provisions cover several categories, including qualifying intra‑company transferees, certain service providers under commercial contracts, foreign lawyers holding Vietnam practice certificates, and certain investors, subject to detailed conditions. These cases typically require formal confirmation of exemption rather than a work permit.
Under Decree 152/2020/ND-CP, labor authorities are required to issue a work permit within 5 working days after receiving a complete dossier, though actual processing time in practice can vary slightly by locality and workload. Total timeline including job position approval and document legalization runs 45-60 days. Provincial labor authorities may process straightforward applications faster than statutory timelines where conditions allow, but employers should confirm expected timing with local DOLISA offices.
Work permit issuance fees are set by provincial authorities within national fee regulations. In many provinces, charges fall in the low hundreds of thousands of VND per permit. Employers should verify the current schedule in the province where they apply. In many cases, when combining official fees, legalization, translation and medical check costs, total practical expenses per foreign worker can reach into the tens of millions of VND, and employers should confirm current fee schedules and service quotations in the relevant province.
No. Work permits tie to specific employers and job positions. When a foreign worker changes employer, the new employer must generally undertake a fresh labor demand approval and work permit application, and the worker’s immigration status must then be adjusted in line with the new permit. The new employer must sponsor the application, and you cannot work during the transition period unless the new permit is issued before the old permit expires.
