PROCEDURE FOR APPLYING FOR, RENEWING, AND RE-ISSUING WORK PERMITS

July 13, 2025 | Guidelines, Work permit in Vietnam

In the trend of globalization and deep integration, the demand for foreign labor in Vietnam is increasing, especially in fields requiring high expertise or specific characteristics. However, to ensure legality and compliance with state management regulations, all activities of recruiting and using foreign labor must be carried out in accordance with the work permit issuance procedure. This is an important procedure, not only for foreign workers to work legally, but also as a basis for them to apply for a temporary residence card and carry out other residence procedures in Vietnam.

1. PROCEDURE FOR NEW ISSUANCE OF A WORK PERMIT

1.1. Step 1: Applying for approval of the demand for foreign labor

The process of issuing a work permit for a foreigner begins with the step of applying for approval of the demand to use foreign labor. Before submitting the application dossier for a permit, the enterprise must prepare a written explanation, clearly stating the reason for needing to recruit a foreign worker, describing the job position, qualification and experience requirements, and explaining why a Vietnamese worker cannot be recruited for that position.

From January 1, 2024, new regulations require enterprises to post a recruitment notice for Vietnamese workers on the electronic portal of the Department of Employment or the local Employment Service Center for at least 15 days before submitting the explanatory dossier.

1.2. Step 2: Preparing and submitting the application dossier for a work permit

After obtaining approval, the enterprise proceeds to the next step of submitting the application dossier for a work permit. This dossier is relatively complex, comprising many mandatory documents:

A written request for a permit in the prescribed form.

A health certificate issued within the last 12 months by a competent health authority in or outside the country.

A criminal record certificate, issued abroad or in Vietnam, valid for no more than 6 months. In case the employee has resided in Vietnam, they can apply for a criminal record certificate at the local Department of Justice.

Documents proving professional competence such as degrees, certificates, and work experience confirmations. These documents must clearly show the connection between the trained major and the intended job position. The requirements will differ depending on the position, such as expert, technician, or executive director.

Two 4x6cm portrait photos.

A notarized copy of a valid passport.

Documents related to the enterprise such as the business registration certificate or investment license.

All documents issued abroad must be consularly legalized and translated into Vietnamese with notarization, except for the passport, portrait photos, and the written request for the permit.

The enterprise can submit the dossier directly to the Department of Home Affairs where the employee is expected to work, or through the National Public Service Portal. According to regulations, the processing time for the dossier is five working days from the date of receipt of a complete and valid dossier.

1.3. Term of the Work Permit

The issued work permit has a maximum term of two years, in accordance with Article 155 of the 2019 Labor Code. The specific term will be based on the labor contract, the term of the assignment to Vietnam, or the term specified in the enterprise's operating license.

2. PROCEDURE FOR WORK PERMIT RENEWAL

In cases of wishing to continue working after the permit is about to expire, the employee can apply for a permit renewal. However, the law only allows a single renewal, and the renewal period cannot exceed two years.

The renewal application dossier must be submitted early, at least five days and at most 45 days before the permit's expiration date. Failure to comply with the deadline may require the enterprise to repeat the entire procedure for a new issuance, causing a waste of time and expense.

3. PROCEDURE FOR WORK PERMIT RE-ISSUANCE

In some special cases, the employee may request a re-issuance of the work permit. This applies when:

The permit is still valid but is lost, torn, or damaged;

There is a change in personal information such as name, nationality, or passport number;

The employee changes their work location or the enterprise changes its name without changing its code.

The re-issuance procedure is relatively simpler, but the term of the re-issued permit will only be equal to the remaining portion of the old permit, calculated from the time of re-issuance.

4. SOME ISSUES AND NOTES

In practice, the processing time for new dossiers often takes longer than regulated. The preparation of the dossier can take from two to three weeks, and in some complex cases, the total time from start to permit issuance can be up to 45 to 60 days. This discrepancy arises from factors such as missing documents, requests for additional information, delays in document legalization, or differences in procedures between provinces and cities.

A significant limitation in the current policy is allowing only a single renewal. This poses a considerable challenge for enterprises that need to use foreign labor long-term. Some enterprises have to devise personnel rotation plans, or prepare an entire new permit application dossier after the renewal period ends. This also requires enterprises to build a clear human resources strategy, plan for recruitment, and complete dossiers very early to avoid operational disruptions due to staff shortages.

5. CONCLUSION

The strictness in the procedure for issuance, renewal, and re-issuance of work permits reflects the State's deliberate control orientation, aimed at ensuring that foreign workers are truly necessary and competent. At the same time, this also encourages enterprises to standardize their recruitment work, selecting the right person for the right position in accordance with the law. Delays or errors in any small step can lead to the dossier being rejected, prolonging the processing time and seriously affecting business operations.

In summary, the work permit issuance procedure in Vietnam, although technical and highly demanding, also creates transparent and consistent conditions if the employee and the enterprise clearly understand the steps, prepare a complete dossier, and adhere to the deadlines. From explaining the demand, posting recruitment notices, preparing documents, submitting the dossier on time, to clearly understanding the conditions for renewal and re-issuance, all are critical links. In the context of increasingly tightened regulations, thorough and proper preparation is the key factor that helps enterprises be proactive in their human resources planning and avoid unnecessary legal risks.

The information contained in this article is general and intended only to provide information on legal regulations. DB Legal will not be responsible for any use or application of this information for any business purpose. For in-depth advice on specific cases, please contact us.

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