According to statistics and information from the Ministry of Labor, Invalids and Social Affairs, the number of foreign workers coming to live and work in Vietnam has been increasing steadily. Therefore, procedures for foreigners working in Vietnam have attracted growing attention from both enterprises and foreign individuals. As of the end of 2024, the total number of foreign workers residing and working in Vietnam reached 161,992. Proper classification of which subjects require work permits and which are exempt is one of the important regulatory requirements that every business must carefully comply with.

This article provides some relevant information regarding procedures for foreigners working in Vietnam. It is not intended as legal or professional advice for any individual or organization. Please contact KMC for specific assistance and consultation tailored to your case.

thủ tục cho người nước ngoài làm việc tại việt nam

 

Conditions for Foreigners Working in Vietnam According to Regulations

According to labor authority data, foreign workers in Vietnam come from approximately 110 countries worldwide. These include China (30.9%), South Korea (18.3%), Taiwan (12.9%), Japan (9.5%), and other countries accounting for about 28.4%. Although the nationality of the foreign worker is not a condition for working in Vietnam, it is considered a reference factor during the preparation of documents and procedures for foreigners working in Vietnam.

The conditions for foreigners working in Vietnam are governed by law. Specifically, you may refer to Article 151 of the current Labor Code for detailed information on the conditions, which include:

  • Being at least 18 years old and having full civil act capacity;
  • Possessing the necessary professional qualifications, technical skills, expertise, or work experience; and meeting health standards as regulated by the Ministry of Health;
  • Not currently serving a criminal sentence, not having an unexpunged criminal record, and not being under criminal investigation as per foreign or Vietnamese laws;
  • Holding a valid work permit issued by a competent Vietnamese state authority.

It should be noted that foreign workers are authorized to work in Vietnam only within the validity period of their issued work permit.

Procedures for Foreigners Working in Vietnam

The procedures for foreigners to start working in Vietnam must comply with the legal regulations. Not only must the foreign workers meet the necessary conditions, but employers are also required to carry out certain procedures as prescribed by law. The details are as follows:

📌For foreign employees:

  • Demonstrate that they meet all the required qualifications corresponding to the position applied for, such as experts, managers, technical workers, etc. Currently, Vietnam only accepts foreign workers with professional skills and does not permit unskilled foreign labor.
  • Fully comply with the conditions applicable to foreign workers as regulated in Article 151 of the Labor Code and related subordinate legal documents concerning foreign labor in Vietnam.

📌For Employers :

  • Before recruiting foreign workers, employers are responsible for registering their labor demand with the competent authorities.
  • Carry out the procedures and submit applications for work permits for foreign workers in accordance with the law.
  • Sign labor contracts and fulfill tax obligations, if applicable.
  • Submit applications for visas or temporary residence cards for foreign employees working in Vietnam.

Regulations on Forms of Foreign Labor Working in Vietnam

Foreign workers in Vietnam must comply with the permitted forms of entry and work in Vietnam, or simply put, the purpose of their entry into the country. According to Clause 1, Article 2 of Decree No. 152/2020/ND-CP, effective from February 15, 2021 (Decree 152), the following forms are listed:

  • Performing labor contracts;
  • Internal transfer within a corporation;
  • Executing contracts or agreements related to economic, commercial, financial, banking, insurance, scientific and technical, cultural, sports, educational, vocational training, and healthcare activities;
  • Service providers under contract;
  • Service solicitation;
  • Working for foreign non-governmental organizations or international organizations legally operating in Vietnam;
  • Volunteers;
  • Persons responsible for establishing commercial presence;
  • Managers, executive directors, experts, technical workers;
  • Participating in the execution of bids or projects in Vietnam;
  • Family members of foreign diplomatic representatives in Vietnam permitted to work under international treaties to which the Socialist Republic of Vietnam is a party.

Depending on the specific form, the procedures for foreign workers to work in Vietnam may differ.

Work Permit for Foreigners Working in Vietnam

A work permit is considered a mandatory document that allows foreign employees to legally work in Vietnam, if they fall under the category requiring a work permit.

You may refer to Article 7 of Decree No. 152 for cases where foreign workers are exempted from obtaining a work permit.

Regarding the dossier and procedures, the basic documents required to apply for a work permit for foreign workers in Vietnam include:

  • A written request for the work permit issued by the employer, following Form No. 11/PLI Appendix I issued together with this Decree.
  • A health certificate or medical examination certificate issued by a competent health agency or organization from either the foreign worker’s home country or Vietnam, valid within 12 months from the date of the health conclusion to the date of submission, or a certificate confirming sufficient health as prescribed by the Minister of Health.
  • A judicial record or a confirmation letter proving that the foreign worker is not currently serving a sentence, has not been expunged, or is not being prosecuted for a criminal offense, issued by foreign or Vietnamese competent authorities.
  • Documents proving the foreign worker’s status as a manager, executive director, expert, or technical laborer.
  • Two recent color photos (4 cm x 6 cm, white background, facing forward, bare head, no tinted glasses), taken within 6 months before the date of submission.
  • Approval document for the need to employ foreign workers, except in cases where such approval is not required.
  • Certified copy of the passport.
  • Other relevant documents as necessary.

Please note that all documents must be properly legalized or consularized.

Temporary Residence Card

The temporary residence card is considered a type of travel document that allows foreign workers in Vietnam to enter and exit the country without needing to apply for a visa each time. After a foreign worker is granted a work permit, they need to register and obtain a temporary residence card, which legally permits them to stay in Vietnam and is protected under Vietnamese law.

Conclusion

The procedures for foreigners to work in Vietnam involve multiple steps and may be subject to change or updates. Therefore, it is important to regularly monitor and stay updated to avoid confusion during the process of handling work permits and related documentation for foreign employees in Vietnam. 

Contact our experts KMC now:

HCMC: +84 28 3820 5731

Hanoi: +84 81 489 4789