With Vietnam’s increasing integration into the global economy, the number of foreign nationals working in the country has grown significantly. However, to be lawfully employed, foreign employees are required to obtain a work permit. This is a statutory prerequisite for legal employment in Vietnam and serves as the legal foundation for protecting the rights and interests of both foreign employees and their employers.
This publication by DNP Viet Nam Law Firm outlines the key statutory provisions that enterprises should be aware of to mitigate the risk of administrative sanctions.
1. Requirement for a Work Permit
Pursuant to Clause 1, Article 151 of the 2019 Labor Code, all foreign nationals working in Vietnam must obtain a work permit issued by the competent authority, except for specific exemption cases provided under Article 7 of Decree No. 219/2025/ND-CP.
Only foreigners who are specifically exempt under the law don’t need a work permit. For everyone else who works in Vietnam without a valid work permit violates the law and faces penalties under Vietnamese regulations.
2. Conditions for Obtaining a Work Permit in Vietnam
Under Article 151 of the 2019 Labor Code, foreign nationals can obtain a work permit only when they meet the following legal conditions:
- The individual is 18 years of age or older and possesses full civil act capacity;
- The individual has the professional qualifications, technical expertise, and work experience appropriate to the position for which employment is sought;
- The individual satisfies the health requirements prescribed by the Ministry of Health;
- The individual is not serving a criminal sentence, has no unexpunged criminal record, and is not currently subject to criminal prosecution;
- A valid work permit is issued by the competent authority (unless exempt under law).
Note: The term of a labor contract entered into with a foreign employee must not exceed the validity period of the relevant work permit. Foreign nationals employed in Vietnam remain subject to full compliance with Vietnamese law throughout the duration of their employment.
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3. Administrative Sanctions for Employment Without a Work Permit
(i) For Foreign Employees:
Monetary penalty: VND 15.000.000 – 25.000.000 for engaging in employment without a valid work permit or without a written certification of exemption;
An additional penalty is that the foreign worker may be deported from Vietnam.
(Legal basis: Clauses 3 and 5, Article 32 of Decree No. 12/2022/ND-CP).
(ii) For Employers
- VND 30.000.000 – 45.000.000: employing between 01 – 10 foreign employees without work permits;
- VND 45.000.000 – 60.000.000: employing between 11 – 20 foreign employees without work permits;
- VND 60.000.000 – 75.000.000: employing 21 or more foreign employees without work permits
(Legal basis: Clause 4, Article 32 of Decree No. 12/2022/ND-CP).
NOTE: The above penalty levels apply to individual employers. Where the violation is committed by an organization (enterprise), the monetary penalty shall be doubled. (Legal basis: Clause 1, Article 6 of Decree No. 12/2022/ND-CP).
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