HOW THE INTERCONNECTED PROCEDURE FOR ELECTRONIC WORK PERMITS AND JUDICIAL RECORD CERTIFICATES OPERATES

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The interconnected administrative procedure mechanism under Decree No. 219/2025/ND-CP serves as a key legal solution for streamlining the management of foreign workers in Vietnam. Replacing the separate and sequential application procedures under Decree No. 152/2020/ND-CP, the new mechanism establishes an integrated procedure for digital data processing among competent State authorities through the National Public Service Portal, thereby shortening the appraisal process and enhancing the consistency of administrative databases. This article by DNP Law Firm analyzes the online operational framework of this mechanism and highlights key legal considerations for enterprises.

WORK PERMITS AND JUDICIAL RECORD CERTIFICATES

1. Definition of the “interconnected single-window mechanism” and relevant terms

  • Interconnected single-window mechanism (Clause 2, Article 3 of Decree No. 118/2025/ND-CP)

The “interconnected single-window mechanism” refers to a method of coordination among competent authorities in receiving applications, processing and returning the results of an administrative procedure or a group of related administrative procedures, as well as monitoring, supervising, and evaluating the settlement of administrative procedures for organizations and individuals through the Single-Window Division in accordance with law.

  • Work Permit

Under the principles of the Labor Code 2019 and Decree No. 219/2025/ND-CP, a “Work Permit” means a document issued by a competent authority certifying that a foreign worker satisfies the applicable requirements, including legal capacity, health, qualifications, and other conditions, to lawfully work in Vietnam in a specific position or job title for a specified period.

  • Judicial Record Certificate

Pursuant to Clause 4, Article 2 of the Law on Judicial Records No. 28/2009/QH12, as amended and supplemented by Law No. 107/2025/QH15, a “Judicial Record Certificate” means a certificate issued by a competent judicial record authority certifying whether or not an individual has a criminal record and whether or not such individual is prohibited from holding a position, establishing or managing an enterprise or cooperative in cases where such enterprise or cooperative has been declared bankrupt by a court.

2. Timing for submission of applications

The employer is required to submit the application within the period from 60 days to at least 10 days before the expected commencement date of the foreign worker’s employment, pursuant to Clause 1, Article 22 of Decree No. 219/2025/ND-CP.

3. Required application documents

No.Application documentLegal basisNotes
1Integrated application form for the Work PermitClause 1, Article 18 of Decree No. 219/2025/ND-CPForm No. 03, integrating the explanation of the demand for foreign workers and the application for a Work Permit.
2Application form for a Judicial Record CertificateClause 3, Article 6 of Decree No. 219/2025/ND-CPTo be completed online using the prescribed form on the system.
3Authorization for requesting a Judicial Record CertificateClause 4, Article 45 of the Law on Judicial Records 2009Written authorization granted by the foreign worker to the employer to carry out the procedure, duly notarized or certified as required by law.
4Passport and two color photographsClauses 3 and 5, Article 18 of Decree No. 219/2025/ND-CPA valid passport, in original or scanned form, together with color photographs as prescribed.
5Health certificateClause 2, Article 18 of Decree No. 219/2025/ND-CPIssued by a qualified medical facility within the preceding 12 months or shared through the National Health Database where applicable.
6Documents proving the form of employmentClause 6, Article 18 of Decree No. 219/2025/ND-CPA scanned copy of one of the applicable documents, such as an employment contract, assignment letter from an overseas partner, appointment decision, etc.
7Documents proving qualifications and experienceClause 7, Article 18 and Article 19 of Decree No. 219/2025/ND-CPScanned copies of qualifications, such as a university degree or equivalent, and documents certifying the relevant years of experience issued by the foreign employer, as applicable.

4. Procedures for processing and returning results under the interconnected administrative procedure

Pursuant to Clause 3, Article 6 of Decree No. 219/2025/ND-CP:

  • Step 1: Submission of the application by the employer

The employer simultaneously submits the application for the Work Permit and the application for the Judicial Record Certificate, made under the authorization of the foreign worker, through the National Public Service Portal.

  • Step 2: Processing of the Judicial Record Certificate

The system transfers the application to the competent police authority for processing. The authority may request supplementation where the application is incomplete, reject the application where it is invalid, or issue the Judicial Record Certificate where the application satisfies the requirements. The electronic Judicial Record Certificate is then transferred directly to the competent authority responsible for issuing the Work Permit.

  • Step 3: Processing and issuance of the Work Permit

The competent authority receives the electronic Judicial Record Certificate, appraises the application, and issues the Work Permit if all statutory requirements are satisfied. Where the Work Permit is not issued, the competent authority must provide a written response clearly stating the reasons for refusal. The result is returned electronically to the employer in accordance with applicable regulations.

5. Processing time

The overall processing period is determined by the combined processing time for the Judicial Record Certificate and the Work Permit:

  • Judicial Record Certificate: Issued within 05 working days, which may be extended to a maximum of 15 days where verification is required, pursuant to Clause 2, Article 48 of the Law on Judicial Records 2009.
  • Work Permit: Issued within 10 working days, or a written notice of refusal issued within 03 working days, pursuant to Clause 3, Article 22 of Decree No. 219/2025/ND-CP.

6. Key considerations for enterprises

Employers should proactively calculate the total processing time for the Judicial Record Certificate and Work Permit to avoid submitting applications too close to the foreign worker’s expected employment commencement date.Sufficient time should be allowed for cases where verification of the Judicial Record Certificate is required, which may extend the processing period.Documents issued by foreign authorities must be consularly legalized, translated, and certified in accordance with applicable regulations, unless an exemption applies.Information concerning the passport, job title, and position must be consistent throughout the entire application dossier.The employer should accurately determine the foreign worker’s position and job title to prepare the appropriate supporting documents.The application dossier should be carefully reviewed for completeness before submission to minimize requests for supplementation or amendments that may affect the processing timeline.


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