Except for cases exempted by law from obtaining a work permit, foreigners must obtain and hold a valid work permit to legally work in Vietnam.
After obtaining the work permit, it is also necessary to apply for a work visa or temporary residence card to legally reside in Vietnam. Foreigners holding a temporary residence card do not need to apply for a visa to enter or exit Vietnam during the validity period of the card.
The standard process under normal circumstances is as follows:
1. The employer applies to the labor authority to employ a foreign worker
2. Apply for a work permit
3. Apply for a work visa or temporary residence card
Currently, the maximum validity period of a work permit in Vietnam is 2 years. According to the latest regulations of the Vietnamese government (Decree No. 152/2020/ND-CP effective February 15, 2021), a work permit can only be extended once, and the extended work permit cannot exceed 2 years.
After the extended work permit expires, if the employer intends to continue employing the foreign worker, a new work permit must be obtained following the initial application process.
However, all work permits issued before the effective date of Decree No. 152/2020/ND-CP on February 15, 2021, cannot be extended after expiration. If the employer wishes to continue employment, a new work permit must be applied for.
Foreigners must hold a valid work permit or qualify for a work permit exemption to work legally in Vietnam. According to Vietnamese law, foreigners can be exempt from the work permit in the following cases:
1. Owners or contributors of a limited liability company with a capital contribution of 3 billion Vietnamese dong or more.
2. Chairpersons or members of the board of directors of a joint-stock company with a capital contribution of 3 billion Vietnamese dong or more.
3. Personnel in Vietnam serving as representatives, project leaders, or other key personnel responsible for the operations of international organizations or foreign non-governmental organizations.
4. Entry into Vietnam to provide services with a stay of less than 3 months.
5. Entry into Vietnam for a stay of less than 3 months to address "business operational obstacles" and "complex technical or technological issues," provided that such technical issues cannot be resolved by Vietnamese experts or any other foreign experts currently in Vietnam.
6. Holding a lawyer's practice certificate in Vietnam according to the Vietnamese Law on Lawyers.
7. Married to a Vietnamese citizen and wishing to reside in Vietnam.
8. Intra-corporate transferees within companies in Vietnam in 11 service sectors committed under international trade organization agreements, including: business, communication, construction, distribution, education, environment, finance, health, tourism, entertainment and cultural, transportation.
9. According to the provisions or agreements of the official development assistance international treaties signed by Vietnamese authorities with foreign countries, entering Vietnam to provide professional and engineering consulting services, or to perform other tasks aimed at conducting research, formulation, evaluation, supervision, assessment, management, and execution of projects and programs using official development assistance (ODA).
10. Holding a permit issued by the Ministry of Foreign Affairs to engage in communication or journalism work in Vietnam.
11. Teaching or conducting research at international schools managed by foreign embassies or the United Nations, or according to agreements signed by Vietnam.
12. Foreign volunteers entering Vietnam to engage in unpaid work, certified by foreign diplomatic missions or international organizations in Vietnam under international treaties that Vietnam participates in.
13. Entry into Vietnam as managers, CEOs, experts, or technicians for a working period not exceeding 30 days each time, and not more than three times a year.
14. Entry into Vietnam to execute international agreements signed by central or provincial authorities and organizations according to law.
15. Students or trainees from foreign schools or training institutions who have signed internship agreements with Vietnamese institutions, organizations, or companies, or students or apprentices interning on ocean-going vessels in Vietnam.
16. Relatives of embassy staff permitted to work in Vietnam under international treaties that Vietnam participates in.
17. Holding an official passport entering Vietnam to work in state agencies, political organizations, or socio-political organizations.
18. Foreign nationals responsible for establishing a commercial presence.
19. Foreign nationals certified by the Ministry of Education and Training, entering Vietnam to engage in teaching and research activities.
20. Cases specified in international treaties to which Vietnam is a party.
