1. What are the conditions for foreign workers to be employed in Vietnam?
According to Clause 1, Article 151 of the 2019 Labor Code, a foreign worker may work in Vietnam if they meet the following conditions:
- Be at least 18 years old and fully capable of civil acts;
- Have professional qualifications, technical skills, experience, and sufficient health as prescribed by the Minister of Health;
- Not be serving a criminal sentence, have an unexpunged criminal record, or be under criminal investigation under Vietnamese or foreign law;
- Possess a work permit issued by the competent authority in Vietnam, unless exempt under Article 154 of the 2019 Labor Code.
2. What documents are required for the first-time work permit application?
Under Article 18 of Decree 219/2015/ND-CP, the application dossier includes:
- Employer’s written request explaining the need to hire foreign workers;
- Health certificate;
- Valid passport;
- Judicial record certificate;
- Two (2) color photos (4×6 cm, white background, straight face, bareheaded, no glasses);
- Proof of being a manager, executive director, expert, or technical worker.
3. What should employers do if they wish to continue employing a foreign worker with an existing work permit?
The employer must apply for a work permit extension. According to Article 27 of Decree 219/2025/ND-CP, the extension dossier includes:
- Employer’s written request explaining the need to hire foreign workers;
- Health certificate;
- Two (2) photos (4×6 cm, white background, straight face, bareheaded, no glasses);
- Existing valid work permit;
- Valid passport.
Additionally, under Article 29 of the same decree, a work permit may only be extended once, for a maximum of 2 years.
4. In what cases must a work permit be reissued?
According to Article 23 of Decree 219/2025/ND-CP, reissuance is required when the work permit is lost, damaged, or when there is a change in personal information (name, nationality, passport, or workplace).
5. What is the validity period of a work permit?
Under Article 21 of Decree 219/2025/ND-CP, a work permit is valid for up to 2 years. It may be extended once, for a maximum of 2 years. After that, a new application for a work permit is required if the foreign worker wishes to continue working in Vietnam.
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6. Is it mandatory for foreign workers to obtain a work permit?
Yes. Except for cases exempted under Article 154 of the 2019 Labor Code, all foreign workers in Vietnam must have a valid work permit.
7. Which cases are exempted from the work permit requirement?
According to Article 154 of the 2019 Labor Code and Article 7 of Decree 219/2025/ND-CP, there are 20 exempted cases. These mainly include individuals covered by diplomatic agreements between Vietnam and other countries, highly skilled experts, managers, or those invited to Vietnam to work in support of cooperation and development projects.
8. When can a work permit be revoked?
Under Article 30 of Decree 219/2025/ND-CP, a work permit may be revoked if:
- It expires under Article 156 of the 2019 Labor Code;
- The employer or foreign worker violates regulations on issuance, reissuance, or extension;
- The foreign worker is prosecuted or under criminal investigation in Vietnam.
9. What are the penalties for working without a work permit?
According to Clause 3, Article 32 of Decree 12/2022/ND-CP, foreign workers without a valid work permit or exemption confirmation are subject to a fine ranging from VND 15,000,000 to 25,000,000.
10. Does a work permit automatically terminate when the labor contract ends?
Yes. Pursuant to Article 156 of the 2019 Labor Code, the termination of a labor contract is one of the grounds for a work permit to cease being valid.
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