FAQ and Process for Obtaining a Work Permit in Vietnam: Sharing Best Practices
a) Who Needs a Work Permit and When?
The basic premise in Vietnam is that foreign individuals wishing to work legally in Vietnam must obtain a Work Permit. The Work Permit must be secured for the individual by the employer before signing any labour contract, including probationary contracts. Vietnamese policy places priorities on the local workforce and therefore the system is designed to grant Work Permits to foreign individuals who are fit into the categories of experts, managers, and highly skilled technicians.
However, there are specific categories of foreign individuals that exempt from this requirement (e.g. intra-company transferees, or an expatriate whose spouse is a Vietnamese), but these exemption categories mostly require an exemption certificate to be issued before the exemption can be utilised.
b) How to Obtain a Work Permit?
Most application documents pertain to demonstrating the foreign worker’s skill level (qualifications and senior experience). Documents typically required for a Work Permit Application include:
- Resume: A comprehensive resume detailing the applicant’s work history.
- Senior Experience Proof: This can be a legalized experience letter from previous employer outside Vietnam, or a previously issued Work Permit or Work Permit Exemption Certificate from within Vietnam. The experience should be relevant to the role and span at least three years.
- Qualifications: A University Degree or higher is typically required. However, for highly skilled technicians with at least three years of experience, or for company heads and other similar managerial positions, exemptions from the University Degree requirement can be granted, provided alternative documents are submitted.
- Criminal Background Check: A background check from the applicant’s home country, legalized by the Vietnamese Embassy or Consulate, is necessary. If the foreign individual has resided in Vietnam, and can apply for a Criminal Check in Vietnam, it is acceptable to submit that Vietnam Criminal Check.
- Health Check: A health check can be conducted abroad or in Vietnam at any qualified hospital or clinic. The health certificate should state eligibility for working. Foreign-issued health documents must be legalized.
- Passport: A valid passport copy is mandatory for identification purposes.
Other necessary documents include photographs and a copy of the Enterprise Registration Certificate of the employing company.
Note: All foreign documents, except the passport, must be translated into Vietnamese by a licensed translation agency.
Step-by-Step Process for Obtaining a Work Permit
- Job Vacancy Posting: Post the job vacancy on the Ministry of Labour, Invalids, and Social Affairs (Department of Employment) portal or with Provincial Employment Service Centres at least 15 days before the planned submission of Pre-approval for the recruitment of the foreign employee. The authority will only accept the application in step 2 only after this job posting passes 15 days.
- Pre-Approval Application: Apply for pre-approval for the recruitment of a foreign employee (at least 15 days before the planned date of the employment of the foreign employee).
- Work Permit Application: Submit the application for the Work Permit.
c) How long does the process take?
A Work Permit process typically takes 12 weeks. The most time-consuming part of the process is usually the legalization of the University Degree and experience letter, as these documents generally need to be authenticated in the home country where they were issued. However, some Embassies and Consulates in Vietnam offer certification services for their citizens’ personal documents. Expatriates should consult their respective Embassy or Consulate or seek advice from a professional consultant for further guidance.
d) Duration and Renewal of Work Permits
Work Permits in Vietnam are valid for up to two years, and can be renewed upon expiration.
e) Subsequent Steps After Obtaining a Work Permit
Upon issuance of the Work Permit, the next step is to sign the labour contract. Additionally, the foreign employee can apply for a Temporary Residence Card, valid for up to two years, replacing the need for a visa.
f) Spotlights for Attention (ie, common mistakes)
- Consistency is crucial: Vietnam legislation is based around Civil Law, so documentation and consistency is essential. The authority (officer) will review the consistency of all documents provided along with the information declared in the application form. Inconsistency can cause challenges.
- Names: In many Western countries, a woman often adopts her spouse’s family name upon marriage. However, if the University Decree does not reflect this change, she may need to provide additional documentation to verify that the Decree is hers. Additionally, since middle names are not always formally used in Western countries and may be absent from the University Decree, further supporting documents might be required to confirm an identity and ownership of the Decree.
- Adherence to Process Over Logical Assumptions: While logic may suggest a particular approach or view, logic is not something that drives administration in Vietnam, and it is important to just adhere to the process: Occasionally, officers may request additional, unusual requirements that are not mandated by law. Negotiating with the authorities is often a necessary part of the Work Permit process.
- Time is of the essence: Regardless of a company’s commercial goals or expectations, and despite companies selecting a talented candidate and desiring an immediate start date, obtaining a work permit can be time-consuming, especially for cases with documentation gaps. When time is ticking, it is important that the company has alternate plans and proactively prepares to minimize disruption.
As mentioned previously, high-skilled work permits require thorough verification of qualifications, experience, and alignment with the proposed role. Additionally, legalizing foreign-issued documents can take weeks or even months. Legalizing foreign-issued criminal background checks can be time-consuming and obtaining them locally in Vietnam can take up to three weeks or more.
By conducting a thorough review and ensuring all documents are properly prepared in advance, employers can significantly streamline the work permit process and minimize delays. This allows the employees to start contributing sooner and avoids any potential impact on business operations.
Phuong Vo is Managing Partner at Alitium Vietnam, providing market entry and professional support for foreign investors in Vietnam. Contact Phuong via Alitium.com for further assistance and advice.
