The document outlines the process and requirements for obtaining a work permit for foreigners in Vietnam. Employers must first submit an annual demand report for foreign workers to the provincial Department of Labor, which then issues written approval if approved by the People's Committee. Subject to approval, employers can then submit a work permit application. Foreign workers must meet eligibility requirements including legal capacity, no criminal record, good health, approval letter, and qualification as a manager, expert, technician or teacher depending on position. The process varies for first-time and reissuance applications and permits are valid for a maximum of two years.

1. Work Permits for Foreigners in Vietnam
Oliver Massmann
Partner – General Director – Duane Morris Vietnam LLC
1. General Overview
Obtaining a work permit in Vietnam can be an extensive process that requires following specific rules
and legal procedure. Applications for the issuance and reissuance of work permits must follow strict filing
periods. Vietnamese employers are only entitled to recruit foreigners to work as managers, executive
directors, experts, technicians or teachers, where Vietnamese workers are not qualified or unable to
satisfy all criteria required for such positions.P0F
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P
Every year, employers must determinine their annual demand for foreigner workers, which must be
approved by the People’s Committee (“PC”) in the province where the employer is located. Employers
first submit their annual demand reports for each position where they intend to recruit foreigners to the
provincial Department of Labor, War Invalids and Social Affairs (“DOLISA”) within the PC. DOLISA is
responsible to report to the PC’s Chairman. After the PC’s Chairman approves, DOLISA issues a written
approval to the employer.
Subject to the PC’s written approval of the demand for foreign employees, the employer can submit a
work permit application dossier to DOLISA. Below is general flow chart of general work-permit
compliance procedure:
Send demand for foreigner
worker to DOLISA
PC approval of demand for foreign
worker issued by DOLISA
Rejection of demand for
foreign workers
Revise demand or negotiate
with PC
Application for work permit OR
request for confirmation of work
permit exemption
Issuance of work permit OR
confirmation of work permit
exemption
Sign contract with
foreigner

2. UWork Permit Application According to Decree 102/103/ND-CP
First Time Reissuance
Filing Period After obtaining written approval of the
demand for foreigner workers, but at least
15 business days before the date on which
the foreigner intends to start working
5 to 15 days before the current
work permit expires
Processing Time* 10 business days from the date DOLISA
deems to have received the complete
application dossier
3 business days from the date
DOLISA deems to have received
the complete application dossier
Term According to the term of the labor contract,
but maximum 2 years
According to the term of the labor
contract but maximum 2 years
Required
Documents
- Issuance request form
- 2 photos
- Health certificate
- People’s Committee approval
- Appointment letter
- Passport
- Criminal record
- Documents certifying the foreigner
is a manager, director, technician,
or expert
- Other supporting documents
depending on the form of
employment
- Reissuance request form
- 2 photos
- Health certificate
- People’s Committee
approval
- Appointment letter
- Passport if work permit has
material changes or is lost
Labor Contract To be submitted after the work permit is
issued and within 5 business days after
signing
To be submitted after the work
permit is issued and within 5
business days after signing
*Important note regarding statutory processing times: Authorities have broad discretion to decide
when an application dossier is complete, which means that in practice application processing times
can be much longer the prescribed periods.
2. Eligibility Requirements For Foreigners to Work in Vietnam
In order to work in Vietnam as a foreigner, several fundamental requirements must be met. Pursuant
to a foreigner’s type of employment, different forms and documents are required for the work permit
application. A foreign employee must have
a) Full legal capacity;
b) May not have a criminal record;

3. c) Be in good health as is necessary to satisfy the job requirements;
d) Have a letter of approval from the provincial People’s Committee; and
e) Must be a manager, executive director, expert, technician or teacher:P1F
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1. A “manager” or “executive director” are not subject to a minimum experience requirement, but
must prove that they are directly participating in management of an organization or enterprise
(e.g., directing, supervising and controlling the work of other staff, managers or supervisors).
i. An “expert” must either be a qualified engineer, have bachelor’s degree or higher, or have at least
five (5) years experience working in their specialty;
ii. A “technician” must have at least one (1) year of training in their technical specialty or at least
five (5) years experience working in their technical specialty
iii. A “teacher” to work at
- A short-term training institution must have a college degree or the equivalent, specialized
training and five (5) years of working experience;
- A preschool education establishment must have a college degree in pedagogy or the equivalent
and five (5) years of working experience;
- A primary, secondary or high school must have a bachelor’s degree in pedagogy or the
equivalent and five (5) years of working experience.P2F
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In order to obtain a work permit, the employer or the Vietnamese contracting partyP3F
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P can only submit
the work permit application in the province or city where the foreign employee will regularly work after it
has obtained written approval on the demand for foreigner worker. However, the application must be
submitted at least 15 business days prior to the date on which the foreign employee intends to start
working in Vietnam.
(to be continued!)
If you want to have the full Memo, please contact 1TUomassmann@duanemorris.comU1T;
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Article 170.1 of the Labor Code 2012; Decree No. 102-2013-ND-CP and Circular No. 03-2014-TT-BLDTBXH govern the
scope and process of obtaining a Vietnamese work permit for manager, executive officer, specialist or technical positions; Decree
No. 73/2012/ND-CP dated September 26, 2012 of the Government and its guiding regulations govern foreign cooperation and
investment in education, including work permits of foreign teachers.
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Eligibility criteria in Subsection e) are in flux. For “expert” and “technician,” we provide here the criteria under Government’s
Resolution No. 47/2014/NQ-CP, which DOLISA is to implement according to Official Letter No. 2779/LĐTBXH-VL by the
Ministry of Labor, War Invalids and Social Affairs. However, Decree 102 and Circular 3 must be amended, so that these criteria
set forth in Resolution 47 become proper law.
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Teachers are not required to have working experience according to Resolution 47, but the Official Letter 2779 does not
implement provisions in Resolution 47 with regard to teachers. So, the requirements stated here are based on Decree 73 and are
subject to change in the near future.