Working in Vietnam as a foreigner: What companies and employees need to know

Foreign workers wanting to work in Vietnam must go through a complex process to obtain a work permit. Companies that want to hire foreign workers also have numerous obligations to fulfil. The Ecovis experts explain exactly what these obligations are.

Conditions for foreigners to work legally in Vietnam

According to the provisions of the 2019 Vietnamese Labour Law, numerous conditions must be met in order to work legally in Vietnam. Foreigners must:

• Be at least 18 years old and possess full civil capacity
• Provide evidence of any relevant professional qualifications, technical skills or work experience
• Meet health standards set by the Ministry of Health
• Not be serving a criminal sentence or be under criminal investigation in Vietnam or any other country. A clean criminal record is necessary.
• Obtain a work permit issued by the Vietnamese authorities, unless exempted under specific regulations

Required documentation for foreign workers in Vietnam

Foreign workers applying for a work permit in Vietnam must submit the following documents:

• A certified copy of a valid passport, which must comply with Vietnamese legal requirements
• A health certificate which must be issued by a competent medical authority in Vietnam or abroad and be valid for up to 12 months
• A criminal record certificate issued by a competent authority in Vietnam or abroad no more than 6 months prior to the date of submission
• Documents verifying the applicant’s status as a manager, executive director, expert, technical worker or other regulated professional
• Confirmation from the Home Affairs Department on the approval of the enterprise’s demand for employing foreign workers
• Two recent passport-sized photos, which must be taken within six months before submission
• Legal documents from the employer such as an enterprise registration certificate, company charter, etc.
• Power of attorney for the applicant and the applicant’s legal documents

Important note: The law requires that all foreign-issued documents must be legalised, notarised and translated into Vietnamese.

Ecovis' team of experienced lawyers supports employers and foreign workers in applying for a work permit – from the job advertisement to the application for a criminal record check and the submission of the application.

Vu Manh Quynh, Managing Partner, ECOVIS Vietnam Law, Ho Chi Minh City, Vietnam

Work permit process for foreign workers in Vietnam

Step 1: Recruitment and candidate search (within 30 days)

Employers must conduct a recruitment process within 30 days, which includes posting job vacancies on the official labour portals (Ho Chi Minh City: https://vieclamhcm.com.vn/ or Hanoi: https://vieclamhanoi.net/trang-chu), searching for candidates, and conducting interviews. This process ensures that domestic workers are given priority before hiring foreign employees.

Step 2: Approval of foreign labour use (10 working days processing time)

If they wish to employ foreign workers, the employer must submit an explanation of the demand or of the change in foreign employment demand, depending on their situation.

Step 3: Work permit application (5 working days processing time)

Once approval is granted, the employee must submit a work permit application with all the required documentation as listed above. If the application is valid, it will be processed within 5 working days.

For further information please contact:

Vu Manh Quynh, Managing Partner, ECOVIS Vietnam Law, Ho Chi Minh City, Vietnam
Email: quynh.vu@ecovislaw.vn

Nguyen Nhuan, Partner, ECOVIS Vietnam Law, Ho Chi Minh City, Vietnam
Email: nhuan.nguyen@ecovislaw.vn