THE PROCESS FOR ISSUING WORK PERMITS TO FOREIGNERS UNDER THE NEW REGULATIONS OF 2025

1. Overview of Core Changes from Mid-2025

From mid-2025, the process for issuing work permits to foreigners in Vietnam fundamentally changes, governed by two groups of regulations: one concerning conditions, subjects, and standards; the other concerning administrative procedures.

Regarding content, the legal basis still relies on Decree No. 152/2020/ND-CP and Decree No. 70/2023/ND-CP, which amends and supplements it, consolidated in Document No. 5512/VBHN-BLDTBXH. These regulations specify the requirements for competency, health, and experience for foreign employees, while also listing cases of work permit exemption.

In parallel, the administrative procedures system is completely renewed under Decree No. 128/2025/ND-CP, effective from July 1, 2025, along with Decision No. 636/QD-BNV of the Ministry of Home Affairs, reflecting a policy of strong decentralization of the authority to resolve work permit matters to the provincial level.

2. Decentralization of Authority and Changes in Application Submission Location

The most significant change is the repositioning of the state management agency in administrative procedures related to foreign labor. Whereas the Ministry of Labour, Invalids and Social Affairs was previously the agency that received and processed applications, the authority to issue, renew, and re-issue work permits, as well as to confirm work permit exemptions for cases specified in Point c, Clause 3, Article 3 of Decree No. 152/2020/ND-CP dated December 30, 2020, has now been completely transferred to the Chairman of the Provincial People's Committee.

Along with this change in authority, the location for application submission has also been revised. Specifically, the new procedure stipulates that applications must be submitted at the Provincial Public Administration Service Center, which is the designated point for receiving applications and returning results under the "one-stop-shop" mechanism, instead of being submitted directly to the Department of Home Affairs as before. Businesses may choose to submit applications in person, via public postal services, or online through the National Public Service Portal if the technical infrastructure permits.

3. The Two-Step Work Permit Application Process

Under the new regulations, the work permit application process consists of two mandatory, sequential steps.

Step 1: Report Explaining the Demand for Labor and Domestic Recruitment

The first step is to submit a report explaining the need for foreign employees, which obligates the enterprise to first attempt to recruit Vietnamese workers. The enterprise must publish recruitment information on the electronic portal of the Provincial People's Committee for at least 15 days. The recruitment notice must clearly state the position, job title, job description, quantity, qualifications, experience, salary, and work location.

Only after this recruitment process is unsuccessful may the enterprise prepare an explanatory report using Form No. 01/PLI or 02/PLI and submit it to the competent authority at least 15 days before the intended date of employment of the foreign employee. The state agency has 10 working days to review and issue a written approval or a rejection with reasons.

Step 2: Submitting the Work Permit Application Dossier

After receiving the written approval of demand, the second step is to submit the work permit application dossier. The dossier must be submitted at least 15 days before the employee's expected start date and will be processed within a maximum of 5 working days.

The dossier includes a written request for a work permit, a health certificate issued within the last 12 months, a criminal record certificate issued no more than 6 months prior, documents proving the foreign employee's eligibility regarding their title, experience, or qualifications, two 4x6cm color photos with a white background, a certified copy of a valid passport, and the written approval of the demand for foreign labor. For intra-corporate transferees or those working under a service contract, additional documents such as a letter of assignment or the service contract are required.

4. Important Notes on Dossiers and Post-Licensing Obligations

Regarding Dossier Components and Consular Legalization Procedures:

A notable point is that Decree 70/2023/ND-CP has eased the regulations, no longer requiring a university degree in the exact field, but only relevant experience. For documents issued by foreign authorities, such as degrees, criminal records, and letters of experience verification, the enterprise must carry out the consular legalization procedure at a Vietnamese diplomatic mission abroad. Afterward, the documents must be translated into Vietnamese and notarized or certified, unless exempted under international treaties to which Vietnam is a party. This step is often time-consuming and can easily lead to dossier rejection if not completed fully.

Obligations After a Work Permit is Granted:

The work permit procedure does not end with its issuance. After the permit is granted, but before the employee starts working, the enterprise is required to sign a written labor contract with the foreign employee. A copy of this contract must be sent to the authority that issued the work permit. Concurrently, the enterprise is also obligated to register and pay compulsory social insurance and health insurance for the foreign employee in accordance with the law.

5. Processing Time, Validity, Renewal, and Re-issuance

The processing times for applications are clearly defined in Decision No. 636/QD-BNV to ensure transparency and predictability. Specifically:

• The report explaining the demand for foreign labor is processed within 10 working days.
• The application for a new work permit is processed within 5 working days.
• The application for re-issuance of a work permit is processed within 3 working days.
• The application for renewal is processed within 5 working days.

These are maximum timeframes and do not include weekends or public holidays. The work permit can be issued in either paper (hard card) or electronic form, both having equal legal validity. The maximum term is 2 years and it can be renewed once for a maximum of another 2 years.

When a work permit has at least 5 days but no more than 45 days of validity remaining, and the foreign employee continues to work in the same position for the same enterprise, a renewal procedure can be initiated. In cases where a valid work permit is lost, damaged, or there is a change in personal information such as name, nationality, passport number, or work location, the enterprise must apply for re-issuance.

6. Work Permit Exemption Cases

Besides the procedures for new issuance, renewal, and re-issuance, the law also details cases where foreign employees are exempt from work permits, while also decentralizing the authority to confirm such exemptions to the Chairman of the Provincial People's Committee. Some typical cases include:

• Owners or capital-contributing members of limited liability companies with a capital contribution of 3 billion VND or more.
• Members of the Board of Directors of joint-stock companies with a capital contribution of 3 billion VND or more.
• Intra-corporate transferees within the 11 service sectors under Vietnam's WTO commitments.
• Experts or managers entering Vietnam to work for less than 30 days and no more than 3 times in a year.
• Foreigners married to Vietnamese citizens and residing in Vietnam (as supplemented by Decree 70/2023/ND-CP).

Although exempt, some cases still require reporting or applying for a confirmation of not being subject to a work permit.

7. Impact Assessment and Conclusion

The decentralization of work permit issuance authority to the Chairman of the Provincial People's Committee helps to reduce the burden on central-level agencies while enhancing proactivity, flexibility, and management efficiency at the local level. The one-stop-shop mechanism at the Provincial Public Administration Service Center facilitates easier access to public services for enterprises, shortening processes and making processing times transparent. However, this change also requires enterprises to be proactive in updating internal procedures and training staff in charge of administrative formalities to ensure dossiers are correct and complete according to the new requirements, avoiding rejections or delays.

Overall, the new work permit process in 2025 maintains the spirit of strictly controlling the use of foreign labor to protect the domestic labor market, but it has been strongly reformed in terms of administrative procedures towards transparency, decentralization, and reduced processing times. Enterprises need to master the two basic steps of reporting the demand for foreign labor and submitting the work permit application dossier, fully complying with regulations on submission points, processing times, and dossier components. A clear understanding and correct implementation of these processes will not only help enterprises save time and costs but also avoid legal risks, maintaining their reputation and stability in business operations.

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.

For more information: 

📞: +84 357 466 579

📧: contact@dblegal.vn

🌐Facebook:  DB Legal Vietnamese Fanpage or DB Legal English Fanpage 

🐦X(Twitter)

💼Linkedin

🎬Youtube