Procedure for Issuing Work Permits for Foreign Managing Directors

1. What is a Work Permit?

Current Vietnamese law does not provide a specific definition for a "work permit." However, according to 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. Therefore, a work permit can be understood as a legal document that allows a foreign employee to work legally in Vietnam for a specific period.

2. Conditions for Recognition as a Managing Director

Pursuant to Clause 2, Article 3 of Decree 219/2025/ND-CP, a managing director is a person who falls into one of the following cases:

• The head of a branch, representative office, or business location of an enterprise.
• The head who directly manages a specific field within an agency, organization, or enterprise, and who also has at least 03 years of experience in a field relevant to the intended job position in Vietnam.

3. Application Dossier for a Work Permit

As regulated in Articles 18 and 19 of Decree 219/2025/ND-CP, the application dossier for a work permit for a foreign managing director includes the following documents:

• A written request from the employer explaining the need for foreign labor.
• A health certificate issued by a qualified medical facility. If the health certificate is issued by a foreign medical authority, it must comply with a treaty or mutual recognition agreement and be valid for 12 months.
• A copy of a valid passport.
• A criminal record certificate or equivalent document issued no more than 06 months prior to the submission date, confirming that the employee is not currently serving a criminal sentence or subject to criminal prosecution.
• 02 color photos (4cm x 6cm size, white background).
• Documents proving the form of work of the foreign employee.
• Documents proving the foreign employee is qualified as a managing director, which can be one of the following:
• The Certificate of Operation Registration for the branch, representative office, or business location.
• The company's charter or a document specifying the organizational structure.
• A document from a foreign employer confirming the number of years of work experience in the relevant field.

4. Procedure for Issuing a Work Permit

The procedure for issuing a work permit to a foreign managing director is stipulated in Article 22 of Decree 219/2025/ND-CP and includes the following steps:

1. Step 1: Prepare a complete application dossier as required.
2. Step 2: Submit the dossier to the Public Administration Service Center in the locality where the employee is expected to work. The submission must be made at least 10 days but no more than 60 days before the expected start date of work.
3. Step 3: The Public Administration Service Center forwards the dossier to the competent authority for processing.
4. 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 procedure for issuing a work permit to a foreign managing director requires strict adherence to legal conditions and formalities. Correctly implementing this process not only helps businesses employ labor legally but also contributes to enhancing management efficiency and building a transparent and stable business environment. This is an important foundation for promoting investment and economic development in the current era of integration.

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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