Procedure for Issuing Work Permits for Foreign Experts

September 29, 2025 | Guidelines, Work permit in Vietnam

In the context of international economic integration, the demand for foreign labor, especially highly qualified experts, at Vietnamese enterprises is increasing. This recruitment not only contributes to improving the quality of human resources but also promotes innovation and business development. However, to work legally, foreign employees must be granted a work permit, except in cases of exemption. This article will systematize the process and procedures for issuing work permits for foreigners holding expert positions in accordance with current legal regulations

1. What is a Work Permit?

Current Vietnamese law does not provide a specific definition for a "work permit." However, based on the regulation at Point d, Clause 1, Article 151 of the 2019 Labor Code, one of the mandatory conditions for a foreign employee to work in Vietnam is to have a work permit issued by a competent state authority. From this, a work permit can be understood as a legal document that allows a foreign employee to work legally in the territory of Vietnam for a specified period.

2. Conditions for Recognition as an Expert

According to the provisions of Clause 3, Article 3 of Decree 219/2025/ND-CP, an individual is considered an expert if they fall into one of the following cases:

Possessing a bachelor's degree or higher (or equivalent) and having at least 02 years of work experience relevant to the job position the foreign employee intends to hold in Vietnam.
Possessing a bachelor's degree or higher in a trained field and having at least 01 year of experience relevant to the intended job position, applicable to fields such as finance, science, technology, innovation, national digital transformation, or socio-economic development priority sectors as determined by competent authorities or under government cooperation agreements.

3. Application Dossier for a Work Permit

Pursuant to Articles 18 and 19 of Decree 219/2025/ND-CP, the application dossier for a work permit for a foreign expert includes the following documents:

A written request from the employer explaining the need for foreign labor and proposing the issuance of a work permit.
A health certificate issued by a qualified medical facility. A health certificate issued by a foreign medical authority is only accepted if there is a treaty or mutual recognition agreement between Vietnam and that country, and it remains valid for 12 months.
A copy of a valid passport.
A criminal record certificate or equivalent document issued by a competent authority of Vietnam or a foreign country, confirming that the employee is not currently serving a criminal sentence, has no unexpunged convictions, or is not subject to criminal prosecution. This document must be issued no more than 06 months prior to the submission date.
02 color photos (4cm x 6cm size, white background).
Documents proving the form of work of the foreign employee (depending on the specific case, such as intra-company transfer, contract implementation, service offering, etc.).
Documents proving the foreign employee's qualification as an expert, including diplomas, certificates, and documents confirming work experience.

4. Procedure for Issuing a Work Permit

The procedure for issuing a work permit for a foreign expert is implemented in accordance with Article 22 of Decree 219/2025/ND-CP, comprising the following steps:

Step 1: The employer prepares a complete set of documents as required.
Step 2: Submit the dossier to the Public Administration Service Center in the locality where the employee is expected to work. The dossier must be submitted between 10 and 60 days before the employee's expected start date.
Step 3: The Public Administration Service Center forwards the dossier to the competent authority for processing.
Step 4: Within 10 working days of receiving the complete dossier, the competent authority will review and issue the work permit. In case of refusal, the authority must provide a written response stating the reasons within 03 working days.

Conclusion

The process of issuing a work permit for a foreign expert is a mandatory legal procedure to ensure that the employment of foreign labor in Vietnam complies with the law. Preparing a complete and accurate dossier and adhering to the correct procedure not only helps the expert work legally but also ensures transparency in labor management. Therefore, a thorough understanding of these regulations is a crucial factor for businesses to meet their development needs and prevent 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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