Conditions and Procedures for Obtaining a Work Permit for Foreign Workers in Ho Chi Minh City

1. Who is required to obtain a work permit?

In principle, a foreign worker working in Vietnam must obtain a work permit unless the worker falls within one of the statutory categories exempt from the work permit requirement.  
Accordingly, before initiating the application process, the employer should first determine whether the foreign worker is subject to the work permit requirement. This assessment should be based on the worker's position, form of employment, employer and specific legal circumstances.  
This is also important to avoid situations where an employer applies for a work permit even though the worker is exempt, or fails to obtain a work permit when one is actually required.  

2. Which positions may be registered for a foreign worker?

Under Decree No. 219/2025/ND-CP, common positions for foreign workers include:  

• Manager;  
• Executive director;  
• Expert;  
• Technical worker.  

Each category is subject to specific requirements concerning qualifications, professional experience and supporting documents. The employer should ensure consistency between the registered position, actual duties and supporting documents.  

3. Conditions for obtaining a work permit

A foreign worker must satisfy the conditions prescribed by Decree No. 219/2025/ND-CP and other relevant regulations. Depending on the circumstances, the employer may need to provide evidence relating to:  

• Age and civil capacity;  
• Health condition;  
• Criminal record status;  
• Professional or technical qualifications;  
• Professional experience;  
• The position to be occupied by the foreign worker.  

The supporting documents may vary depending on the position. Therefore, employers should not assume that the same document set can be used for every foreign worker.  

4. What documents are required for a work permit application?

Under the current administrative procedure, the work permit application dossier consists of documents prescribed by Decree No. 219/2025/ND-CP and depends on the position registered for the foreign worker. The National Public Service Portal currently specifies, among other documents, the employer's application/report using Form No. 03 and documents evidencing the worker's eligibility.  

• Depending on the case, the dossier may include:  
• The employer's report explaining the need to employ a foreign worker and requesting issuance of the work permit;  
• A health examination certificate as required;  
• A valid passport;  
• A criminal record certificate or other document evidencing the relevant status as required;  
• Documents proving that the worker satisfies the requirements applicable to a manager, executive director, expert or technical worker;  
• Other documents depending on the worker's form of employment and specific circumstances.  

For documents issued by foreign authorities, the employer should check whether consular legalization, Vietnamese translation and certification are required before including them in the application dossier.  

5. When should the application be submitted?

Under the current procedure, the employer must submit the work permit application within 60 days but no later than 10 days before the date on which the foreign worker is expected to start working.  
Employers should therefore avoid waiting until shortly before the intended start date to prepare the application. In particular, where documents are issued overseas, additional time should be allowed for obtaining, legalizing, translating and certifying those documents.  

6. Work permit application procedure in Ho Chi Minh City

Since 10 January 2026, Decision No. 38/2025/QD-UBND of the People's Committee of Ho Chi Minh City has been effective, providing for the decentralization of authority to issue, reissue, extend and revoke work permits and certificates confirming exemption from the work permit requirement in the city.  
Under the decentralization mechanism, the competent authority depends on the location where the employer operates:  
For employers operating outside areas subject to specific decentralization arrangements, the procedure falls within the authority of the Department of Home Affairs of Ho Chi Minh City.  
For employers operating in export processing zones, industrial parks or Saigon Hi-Tech Park, the relevant specialized management authority should be identified in accordance with Decision No. 38/2025/QD-UBND.  

7. Main steps of the application process

• Step 1: Determine the worker's position and eligibility. The employer identifies the position, form of employment and applicable eligibility requirements under Decree No. 219/2025/ND-CP.  
• Step 2: Prepare the application dossier. The employer collects the worker's personal documents, health certificate and documents evidencing qualifications, experience or position.  
• Step 3: Identify the competent authority in Ho Chi Minh City. The employer should identify the competent authority based on its operating location and the applicable decentralization arrangement.  
• Step 4: Submit the application. The application may be submitted online through the National Public Service Portal or by other legally prescribed methods. The National Public Service Portal currently provides for online, in-person and public postal submission methods.  
• Step 5: Receive the result. Within 10 working days from receipt of a complete application, the competent authority will review the dossier and issue the work permit if the applicable requirements are satisfied. If the work permit is not issued, the competent authority must provide a written response stating the reasons as prescribed.  

8. How long is a work permit valid?

Under the current regulations, a work permit is issued for the relevant employment period but for a maximum period of two years.  
Employers should monitor the validity of the work permit and arrange for extension or a new work permit, as applicable, if the worker continues working in Vietnam. Continuing to employ a foreign worker after the work permit expires without an appropriate legal basis may create compliance risks for the employer.  

9. Conclusion

The work permit process for foreign workers in Ho Chi Minh City is currently governed by Decree No. 219/2025/ND-CP together with the city's decentralization mechanism under Decision No. 38/2025/QD-UBND.  
Employers should determine the worker's position, eligibility, required documents and competent authority before commencing the application process. In particular, employers should clearly distinguish between obtaining a work permit and being exempt from the work permit requirement, as different procedural obligations may apply depending on the specific case.  
Proper preparation of the application dossier and correct identification of the applicable procedure from the outset can help employers minimize requests for supplementation, reduce processing delays and ensure that foreign workers are legally employed in Vietnam.