New work permit
For a worker outside an exemption who needs a permit for the actual employer, job and form of work. An existing permit is not freely transferable to another employer or role.
Work permits for foreign employees in Vietnam
Duong Tri Law helps employers and foreign personnel determine whether the correct route is a new work permit, an exemption procedure, renewal or re-issuance, and coordinates the job-position evidence, foreign documents and filing timetable required in Vietnam.
Check the related route before preparing the file
If the facts may support an exemption, review work permit exemption services first. Once the work-authorisation position is understood, coordinate temporary residence cards and the wider employment compliance requirements. A permit, exemption and residence card serve different purposes.
Classify before commissioning documents
New work permit, exemption, renewal or re-issuance?
This service is for employers onboarding or retaining foreign personnel in Vietnam, including FDI companies, and foreign managers, experts and technical staff coordinating their documents with the employer. A visa, residence card or investment in a company does not by itself establish permission to work.
Exemption confirmation or notification
Identify the precise exemption first. Some categories need a confirmation certificate; specified categories use a notification route. Shareholder status, a short assignment or an internal transfer is not enough by itself to establish exemption.
Renewal
Review the current permit, expiry, supporting documents and continuing eligibility. The permit can be extended once, for up to two years, within the limits of the supporting work arrangement.
Re-issuance
Article 23 of Decree 219 covers a still-valid permit that is lost or unusably damaged, or changes to name, nationality, passport number or the employer’s name without changing its identification number. Re-issuance preserves the remaining term.
Changes need a fresh route review. A change of job or form of work with the same employer requires a new permit under Article 20(2). A new employer, different workplace or a permit already extended once must be reviewed separately; do not assume re-issuance or a second extension is available.
Match the role to evidence
Work permit requirements: position and eligibility
We review age, civil capacity, health and criminal-background requirements together with the employer’s actual need. The job title, duties, organisational records, experience evidence and proposed working arrangement must tell a consistent story. A title alone does not establish eligibility.
Article 3 of Decree 219 defines the position categories. The following is a screening guide; document evidence under Article 19 and any profession-specific requirements must also be assessed.
Manager
A business manager within the enterprise-law definition, or the head or deputy head of an agency or organisation as legally defined. Corporate and appointment records must support that capacity.
Executive director
The category includes a head of a branch, representative office or business location; alternatively, a person heading and directly managing a field of activity with at least three years’ relevant experience. We check which definition and evidence apply.
Expert
The ordinary route requires a university-level qualification or equivalent and at least two years’ relevant experience. A separate one-year route applies to qualified experts in specified priority fields under the statutory conditions; it is not an automatic relaxation for every technology role.
Technical worker
At least one year of training and two years’ relevant experience, or at least three years’ relevant experience under the alternative route. The experience must fit the work proposed in Vietnam.
We identify gaps before you arrange overseas documents. Consistency matters across the employer’s Form 03, appointment or assignment, job description, qualifications and experience records.
Employer inputs and employee documents
Documents for a Vietnam work permit application
Send a short case summary and clear scans for the first review. We then confirm which originals, certified copies and foreign-document formalities are needed for the selected procedure. New issuance, renewal, re-issuance and exemption files have different checklists.
Employer’s Form 03 and work details
For a new permit, the employer’s explanation of foreign-labour need and the work-permit request are integrated in Form 03. Provide employer records, duties, job category, workplace, intended term and signing/authorisation details.
Passport, health and background
A valid passport, two compliant 4 × 6cm colour photographs, qualifying health documentation and the applicable criminal-record or equivalent confirmation. Under Article 18, the background document is generally issued no more than six months before filing, subject to the integrated procedure exception.
Role evidence
Degrees, training records, relevant experience confirmations, appointment decisions and corporate/organisational evidence appropriate to the position. We check who issued and signed each document and whether it proves the required fact.
Working arrangement
Evidence of internal transfer, overseas assignment, service contract or another statutory form of work, as applicable. The checklist differs from employment under a labour contract; do not assume every applicant needs the same overseas assignment letter.
Foreign-issued documents
Determine whether an Apostille, consular legalisation or exemption applies to the issuing jurisdiction and document, then arrange the required Vietnamese translation and certification. An Apostille does not cure an unsuitable or expired underlying document.
Existing permit and special facts
Provide the current permit, any previous extension, change evidence, project/customer or commercial-presence records and details of work across provinces where relevant. We separate statutory components from material requested for legal review.
Health checks need their own review. Under Article 18, a foreign health certificate requires the relevant recognition arrangement and may not be more than 12 months old. Legalisation or an Apostille alone does not establish that the foreign medical examination is accepted.
The Apostille Convention entered into force for Vietnam on 11 September 2026. Its operation between the relevant states and the type of public document must be checked, alongside Decree 293/2026/NĐ-CP. Confirm the checklist before paying for overseas certification.
Competent authority and submission
Where is the work permit application filed?
Article 4 allocates authority to the provincial People’s Committee, which may decentralise the work to a competent local agency. We confirm the current receiving and deciding bodies for the employer and intended workplace rather than assume a former labour-department structure still applies.
Applications use the local Public Administrative Service Centre and the National Public Service Portal routes prescribed for the procedure. Filing may be direct, through public postal services or an authorised service representative where permitted. An online upload is not itself confirmation that the dossier is complete or approved.
Work across provinces: for one employer employing the worker in multiple provinces, Article 4(1) assigns authority by the employer’s head office. After a permit is issued, the employer must also assess the destination-province notification under Article 22(5), including its advance deadline and information requirements.
Service scope
How Duong Tri Law supports the application
1. Determine the route
Review whether the case is new issuance, exemption, renewal, re-issuance or another procedure because of changed facts.
2. Build the document list
Map employer documents, employee documents, job-position evidence and the working arrangement.
3. Validate foreign documents
Check content, authority, validity, Apostille/legalisation route, translation and consistency across the file.
4. Prepare and file
Coordinate the current form and supporting file and submit through the competent route within the agreed service scope.
5. Review the result
Check the issued result and identify the next employment, residence, contract or notification steps.
Scope and handover: we agree the procedure review, tailored checklist, document review, form preparation, filing representation and ordinary follow-up in writing. Handover includes the filing/result record within scope, the issued permit or exemption confirmation where granted, and next-step/expiry guidance. The competent authority decides the application.
Separate work: overseas document issuance, Apostille/legalisation, translation/certification, medical examinations, criminal-record applications, visas/residence cards, professional licences, employment contracts, payroll and tax work are separate unless expressly included. We identify extra costs and additional work before proceeding. No approval or start date is guaranteed.
Separate preparation from authority review
Work permit filing windows and processing times
For a straightforward file with usable core documents, allow at least two to three weeks as an indicative service-planning period. Overseas records, recognition/formalities, medical checks, missing evidence and corrections may require substantially earlier preparation. The statutory authority period is not the total onboarding timetable.
Filing windows stated in days are distinct from processing periods expressly stated in working days.
| Procedure | Filing window or trigger | Authority review after complete documents |
|---|---|---|
| New work permit — Article 22 | Within 60 days, but at least 10 days, before the intended work date. | 10 working days. Document preparation and correction sit outside this period. |
| Renewal — Article 28 | At least 10 days, but no more than 45 days, before expiry. | 10 working days; continuing eligibility and usable documents must be established. |
| Re-issuance — Articles 23–26 | Applicable loss, damage or specified recorded-information change to a still-valid permit. | 3 working days. The remaining term is preserved, rather than restarted. |
| Exemption confirmation — Article 9 | Within 60 days, but at least 10 days, before the intended work date. | 5 working days. This does not apply to notification-only categories. |
| Notification-only exemption — Article 9(4) | Specified categories: notify at least 3 working days before work starts. | A notification route, not a universal five-day certificate application. |
We plan backwards from the intended work date and current expiry. A pending application does not itself authorise work, extend the current permit or replace immigration permission. Tell us immediately if work has started or the permit has expired so the facts can be reviewed before further action.
Written quotation before implementation
Work permit service fees and separate costs
Our indicative professional fee is VND 3–8 million, depending on the procedure, evidence and document readiness. These are planning references for the agreed legal service, not an all-inclusive price or a promise of approval.
Re-issuance or a simple file
Approximately VND 3–4 million.
Renewal
Approximately VND 4–6 million.
New issuance or more document review
Approximately VND 5–8 million.
Government charges: the applicable province and procedure set the administrative fee. We check the current local rate, including any applicable online-filing relief, and separate it from our professional fee. There is no single nationwide amount quoted here.
Documents and third parties: medical examinations, criminal records, Apostille/legalisation, translation, certification and courier costs are separate. A document-cost allowance of approximately VND 1–5 million or more may be relevant; the actual cost depends on the issuing country, document volume and work required.
Your quotation: identifies professional fees, applicable government charges, third-party costs and VAT treatment. A ready, common file may have an initial budget of approximately VND 4–9 million; cases needing substantial overseas-document work can cost more. Confirm the actual scope and total before commissioning work.
After issuance and during employment
What happens after a work permit is issued?
- Check the issued details. Confirm name, passport, employer, role, form of work, workplace and dates against the approved file.
- Complete the applicable labour contract. For the employment categories in Article 22(4), sign the written labour contract after issuance and before the intended work date. Provide a copy to the authority when requested. Renewal has a corresponding requirement in Article 28(4).
- Coordinate immigration and residence. A work permit does not itself extend a visa or residence permission. Visa/TRC and any family applications are separate procedures.
- Monitor work locations and changes. Check destination-province notifications, employer/role/work-arrangement changes and any new filing before implementation. For the same employer and multiple provinces, Article 22(5) requires the applicable notification at least three days before the intended work at the destination.
- Diary expiry and continuing obligations. Record the renewal window, keep employment records, and assess reporting, return or revocation requirements when employment ends or the facts change.
Under Articles 21 and 29, the term depends on the supporting work arrangement and is capped at two years; one extension can be granted for up to two years where conditions are met. An extension is not automatic. Separate employment legal support, contract advice and accounting/tax services can be scoped where needed.
Common causes of delay
Issues that often make work permit files harder
Job title does not match the evidence
Qualifications, experience, appointment documents or organisational evidence do not clearly support the position requested in Vietnam.
Foreign documents are not usable
Wrong signing authority, expired documents, incomplete legalisation/Apostille route or translations that do not prove the required fact.
Filing starts too late
The statutory authority period does not include the time needed to obtain medical, criminal-record, experience or foreign-document formalities.
Questions for HR and foreign personnel
Vietnam work permit service: frequently asked questions
Does every foreign shareholder or director qualify for exemption?
No. The specific statutory category and supporting facts must be established. Ownership, an appointment or a business visa alone does not settle the work-permit position. We review the person’s investment, actual duties, work arrangement and documents before selecting confirmation, notification or a permit application.
Is a separate foreign-labour demand approval required first?
Decree 219 integrates the employer’s explanation of foreign-labour need and the permit request in Form 03 for the relevant permit procedure. This does not remove the need to establish a genuine role, appropriate work-position evidence and the correct working arrangement.
How long is a work permit valid?
The term follows the relevant contract, assignment or other statutory basis, capped at two years. It can be extended once for up to two years if conditions continue to be met. Re-issuance uses the remaining term; it does not create a new two-year period.
Can we use the current permit after changing the employer, job or workplace?
Do not assume that the current permit covers the change. Article 20 addresses special new-permit situations, including changes of position or form of work with the same employer. Article 23 lists limited re-issuance cases. Workplace changes require a case-specific review; Decree 393/2026/ND-CP takes effect on 5 December 2026 and must not be applied before its effective date.
Are all foreign medical certificates accepted after legalisation?
No. The recognition conditions for a foreign health certificate must be checked independently of Apostille or legalisation. Background records, medical evidence and role documents also have their own validity and content requirements. Confirm the checklist before obtaining documents abroad.
Must every overseas document undergo consular legalisation?
The route depends on the issuing state, document and applicable treaty or exemption. Since 11 September 2026, an Apostille route may apply where the Convention operates between the relevant states and the document is covered. Vietnamese translation/certification and the underlying document requirements remain separate.
Can the employee begin work while the application is pending?
A pending filing is not itself permission to work. The employer must establish the required work-permit or exemption route and the person’s immigration status before arranging the start. Where a written labour contract must follow issuance, the signing and work dates must be coordinated.
What should HR send for a quotation?
Send nationality, employer and workplace, proposed title and duties, form of work, intended start date, qualifications/experience, current permit/expiry and the documents already available. Start with a brief summary and scans requested for review; confirm the appropriate channel before sharing sensitive records.
Does the quoted fee include a visa, residence card and document formalities?
Only work expressly included in the written engagement is covered. Immigration, employment contracts, professional licences, medical/criminal-record issuance, Apostille/legalisation, translation and other third-party work are separately identified. Government charges and VAT treatment are specified in the quotation.
Legal framework
Current work permit framework
- Labour Code 45/2019/QH14 — general employment and foreign-worker framework.
- Decree 219/2025/NĐ-CP — current regulation on foreign workers working in Vietnam, effective 7 August 2025.
- Decree 283/2026/NĐ-CP — administrative sanctions in the labour and social-insurance field, effective 10 September 2026.
Decree 293/2026/NĐ-CP addresses the Apostille framework. Residence, sector-specific, professional-practice and local filing rules may also apply. Procedure and evidence are checked against the filing date; Decree 393/2026/ND-CP is enacted but takes effect on 5 December 2026; the applicable transition provisions must be checked for the actual case.
Related support
Coordinate the foreign employee’s wider legal route
Foreign investment matters
New foreign-invested company
Employment planning
Employment legal services for the work, exemption, residence and contract steps to be scoped.
Start from the employee’s actual role
Discuss a work permit or exemption case
Send the employee’s nationality, expected job title, intended start date, employer, workplace, qualifications/experience and current documents. If the route is not clear yet, Duong Tri Law can first classify the procedure before document formalities begin.
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