Work permit in Vietnam

Procedure for Issuing Work Permits to Foreign Managers

In the context of international economic integration, the demand for foreign labor in Vietnam is increasing, especially for key positions such as managers. The employment of foreign personnel helps businesses enhance their competitive capacity and access advanced management experience. However, this also imposes strict legal requirements to ensure a balance between attracting high-quality human resources and protecting the domestic labor market. One of the mandatory conditions for a foreign employee to work legally in Vietnam is to be granted a work permit (WP), except in cases where a work permit is not required. Particularly for the position of a manager, the application process for a WP has specific requirements. This article will analyze and present the procedure for issuing a WP to foreigners holding managerial positions based on current legal regulations

I. What is a Work Permit (WP)?

Currently, Vietnamese law does not provide a specific definition of a work permit (WP). However, according to Point d, Clause 1, Article 151 of the 2019 Labor Code, one of the conditions for a foreign employee to work in Vietnam is to have a WP issued by a competent Vietnamese state agency, except in cases where a work permit is not required. From this, it can be understood that a WP is a document issued by a competent Vietnamese state agency, allowing a foreign employee to work legally in Vietnam for a specified period.

II. Definition of a Manager

Pursuant to Clause 1, Article 3 of Decree 219/2025/ND-CP and Clause 24, Article 4 of the 2020 Law on Enterprises, a manager includes:

  • The owner of a private enterprise;
  • A general partner;
  • The Chairperson of the Members' Council;
  • A member of the Members' Council;
  • The President of a company;
  • The Chairperson of the Board of Directors;
  • A member of the Board of Directors;
  • The Director or General Director;
  • An individual holding another managerial position as stipulated in the company's charter;
  • The head, deputy head of an agency or organization as prescribed by law.

III. Application Dossier for a Work Permit

According to Articles 18 and 19 of Decree 219/2025/ND-CP, the application dossier for a WP for a foreign manager includes:

  • A written request from the employer explaining the need for foreign labor and requesting the issuance of a WP, following the prescribed form.
  • A health certificate issued by a qualified medical examination and treatment facility.
  • A valid passport.
  • A criminal record certificate or a document confirming that the foreign employee is not currently serving a criminal sentence, has no unexpunged criminal record, or is not subject to criminal prosecution, issued by a foreign or Vietnamese authority not more than 6 months prior to the submission date.
  • Two color photos (4cm x 6cm size, white background, face looking straight, bare head, no glasses).
  • Documents proving the form of work of the foreign employee.
  • Documents proving the foreign employee is a manager, which may be one of the following:
    • The company's charter and documents proving managerial status or an appointment or dispatch letter for managerial positions as stipulated in Clause 24, Article 4 of the Law on Enterprises;
    • The establishment license of the agency or organization, or an appointment or dispatch letter for the head or deputy head of the agency or organization.

IV. Procedure for Issuing a Work Permit

The procedure for issuing a WP to a foreign manager is specifically regulated in Article 22 of Decree 219/2025/ND-CP:

  1. Step 1: Prepare the application dossier for the WP.
  2. Step 2: Submit the dossier to the Public Administration Service Center in the locality where the foreign employee is expected to work. The dossier must be submitted within 60 days but no less than 10 days before the expected start date of employment.
  3. Step 3: The local Public Administration Service Center forwards the dossier to the competent authority for issuing the WP.
  4. Step 4: Within 10 working days from the date of receiving a complete dossier, the competent authority will review and issue the WP. In case of refusal, a written response stating the reasons must be provided within 03 working days.

Conclusion

The process of applying for a work permit for a foreigner in a managerial position is a legal procedure that requires businesses to prepare a complete dossier and strictly adhere to the prescribed procedures. Correct implementation of this process not only helps foreign employees work legally in Vietnam but also contributes to creating a transparent business environment and enhancing the reputation of the enterprise during integration. Therefore, a thorough understanding of the process and related conditions is crucial for businesses to mitigate legal risks while effectively leveraging high-quality human resources from abroad.

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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