Procedure for Issuing Work Permits to Foreign Technical Workers

1. What is a Work Permit (WP)?

Currently, Vietnamese law does not provide a specific definition for 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 state authority of Vietnam, except in cases of exemption. From this, it can be understood that a WP is a document issued by a competent state authority of Vietnam, allowing a foreign employee to work legally in Vietnam for a specific period.

2. What is a Technical Worker?

Pursuant to Clause 4, Article 3 of Decree 219/2025/ND-CP, a technical worker falls into one of the following cases:

• Having been trained for at least 1 year and having at least 2 years of experience relevant to the job position that the foreign employee is expected to hold in Vietnam;
• Having at least 3 years of work experience relevant to the job position that the foreign employee is expected to hold in Vietnam.

3. Application Dossier for a Work Permit

The application dossier for a WP for a foreign technical worker is stipulated in Articles 18 and 19 of Decree 219/2025/ND-CP and includes the following documents:

• A written request from the employer explaining the need to employ foreign workers and applying for a WP, according to the provided 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 convictions, or is not subject to criminal prosecution, issued by a foreign or Vietnamese authority within the last 6 months from the date of issuance to the date of application submission.
• 02 color photos (4cm x 6cm size, white background, facing forward, bareheaded, without glasses).
• Documents proving the form of work of the foreign employee (one of the following):
  • Intra-corporate transfer: A document from the overseas employer seconding the foreign employee to work for a limited period at its commercial presence in the territory of Vietnam and confirming that the employee had been recruited by the overseas employer for at least 12 consecutive months immediately prior.
  • Execution of economic or social contracts or agreements.
  • Participation in bidding packages or projects in Vietnam: A document from the employer seconding the foreign employee, accompanied by the signed contract or agreement.
  • Contract-based service provider: A service contract signed between the Vietnamese and foreign partners, and a document proving that the foreign employee has worked for the foreign enterprise without a commercial presence in Vietnam for at least 24 months.
  • Offering services: A document from the service provider seconding the foreign employee to Vietnam to negotiate the provision of services.
  • Transfer from an overseas agency, organization, or enterprise: A document from the overseas employer seconding the foreign employee to work in Vietnam in a position consistent with the intended job.
  • Chairman/member of the Board of Directors, owner/member of a limited liability company with a capital contribution value of less than 3 billion VND: Documents proving managerial status.
• Documents proving the foreign employee is a technical worker (one of the following):
  • A degree, certificate, or certification proving at least 01 year of training, and a confirmation letter from the overseas employer regarding the number of years of experience.
  • A confirmation letter from the overseas employer regarding the number of years of work experience of that technical worker.

4. Procedure for Issuing a Work Permit

The procedure for issuing a WP to a foreign technical worker 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 not 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 WPs.
4. Step 4: Within 10 working days from the date of receiving a complete dossier, the competent authority will consider and issue the WP. In case of refusal, a written response stating the reasons must be provided within 03 working days.

Conclusion

The procedure for applying for a work permit for a foreign employee in a technical worker position is both a crucial legal requirement and a step to ensure the legitimate rights of all parties involved. Correctly and fully implementing the procedure not only helps the employee work legally in Vietnam but also assists the enterprise in maintaining stable operations, complying with the law, and enhancing its reputation in the business environment.

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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