What is a work permit in Vietnam? Who needs one, how it differs from a visa, and the penalties

What is a work permit in Vietnam?

A work permit in Vietnam is the document that allows a foreign national to do a specific job for a specific employer. The Labour Code has no separate definition clause, but the rules point the same way. A foreign worker in Vietnam must hold a work permit issued by a competent Vietnamese state authority, unless one of the cases in Article 154 applies (Point d, Clause 1, Article 151 of the Labour Code 45/2019/QH14). A foreigner who works without one is forced to leave Vietnam or deported, and the employer is dealt with under the law (Clauses 2 and 3, Article 153).

The permit form (Form 04 to Decree 219/2025/ND-CP) records the worker's name, date of birth, nationality and passport number, the employer's name, the position (manager, executive director, expert or technical worker), the job field, the form of work, the workplaces, the period of work and the status of the permit (new, re-issued or extended). Because all of this is on the permit, it does not travel with the person. It belongs to the working relationship that was applied for.

Three points to settle first:

• Who issues it. The provincial People's Committee where the employer has its head office, branch, representative office or business location at which the worker is expected to work. If the worker works for one employer in several provinces, the province of the employer's head office has authority (Clause 1, Article 4 of Decree 219). For an employer that is a member of the International Financial Centre, the Centre's managing authority issues it (Article 4 of Decree 325/2025/ND-CP).
• Who needs one. Foreign nationals working in one of the four positions in Article 3 of Decree 219, in one of the forms of work in Clause 1, Article 2, unless a case not subject to a work permit applies.
• Which rules apply. Decree 219 has been in force since 7 August 2025. The foreign-worker content of Decree 152/2020/ND-CP, as amended by Decree 70/2023/ND-CP, ceased to apply that day (Clauses 1 and 2, Article 35). Permits issued under the old rules stay valid until they expire, and later re-issue or extension follows Decree 219 (Clause 1, Article 34). Many online guides still cite Decree 152, so check the date of whatever you read. The Ministry of Home Affairs is preparing a decree to replace Decree 219 (its answer published on 10 October 2026; an answer of 23 August 2026 described a draft amending decree); as of 18 October 2026 none had been issued, so check again before filing.

What is a work permit in Vietnam compared with a visa, a residence card and a certificate of exemption?

Five documents and procedures are often merged into one. Each answers a different question, is issued by a different body and has its own term.

Two practical links. First, the work visa follows the permit: a visa applicant coming to work must show a work permit as proof of purpose (Point c, Clause 4, Article 10 of that Law). Visa LD2 is for people who must hold a work permit and LD1 for people holding a confirmation of exemption (Clauses 16 and 16a, Article 8). A visa cannot be converted to another purpose except in the cases in Clause 4, Article 7; for work, these are a person invited or sponsored by an organisation who holds a permit or confirmation (Point c), or a person who entered on an e-visa and holds a permit or confirmation (Point d). Second, people in notice-only cases hold neither a permit nor a certificate, so the visa type should be checked with the immigration authority case by case; the law is not explicit on this point.

The cases that need a certificate, the cases that need only a notice, and the procedure for each are covered in the blog post on work permit exemption. This entry does not repeat that list.

Who needs a work permit in Vietnam? The four positions under Decree 219

The base conditions concern the worker (Clause 1, Article 151 of the Labour Code): at least 18 years old with full civil capacity; the professional or technical qualifications, skills and experience for the job and the health required by the Minister of Health; and not serving a sentence, with no unexpunged conviction and not under criminal investigation under foreign or Vietnamese law.

A second condition concerns the employer. It may recruit foreigners only for management, executive, expert and technical positions that Vietnamese workers cannot yet fill given its business needs (Clause 1, Article 152 of the Labour Code). Article 3 of Decree 219 defines the four positions:

The supporting documents for each position are in Article 19 of Decree 219: the charter, appointment decision, branch or representative office registration certificate, degrees and an experience confirmation from the foreign employer. Some special fields such as sport, aviation and education have their own papers. A person who has already worked in Vietnam may use an earlier permit or certificate in place of proof of years of experience.

The permit also states the form of work, one of 12 forms in Clause 1, Article 2 of Decree 219. The ones FDI companies meet most often are performing a labour contract (Point a), intra-corporate transfer (Point b), secondment from an organisation abroad (Point h) and board chairperson or member, owner or capital-contributing member with a contribution under VND 3 billion (Point l). Each form has its own proof in Clause 6, Article 18.

What must an employer do before hiring a foreign national?

Article 152 of the Labour Code requires the employer to explain its need for foreign labour and obtain the competent authority's written approval before recruiting (Clause 2); a contractor must state the positions, qualifications, experience and time needed for the bid package (Clause 3). Under Decree 219, the explanation sits inside the permit application (Form 03), and the authority considers the need and issues the permit in the same step (Clause 1, Article 18; Clause 3, Article 22). The exception is an employer that is a member of the International Financial Centre in Ho Chi Minh City or Da Nang, which need not submit the explanation or announce the vacancy to Vietnamese workers (Clause 1, Article 8 of Decree 325/2025/ND-CP). The practical steps below follow Decree 219:

1. Test the need and the position. Does the job fall within the four positions in Article 3, and why can Vietnamese workers not yet fill it?
2. Test the worker against Clause 1, Article 151, and gather the proof of position required by Article 19.
3. Check whether a no-permit case applies (Article 154 of the Labour Code; Article 7 of Decree 219). If so, decide whether a certificate or only a notice is needed.
4. Prepare the file under Article 18: the explanation and request on Form 03; a health certificate; a valid passport; a criminal record certificate, or a document confirming the person is not serving a sentence, has no unexpunged conviction and is not under investigation, issued no more than 6 months before filing, unless the criminal record certificate was applied for together with the permit through the National Public Service Portal on the worker's authorisation (Clause 4, Article 18; Clause 3, Article 6); two 4 x 6 cm photos; and proof of the form of work and the position. Foreign documents must be consularly legalised unless exempt under a treaty, reciprocity or Vietnamese law, then translated into Vietnamese and certified (Article 5). Since 11 September 2026, a public document from a state party to the Apostille Convention that applies the Convention with Vietnam, and that carries an apostille, is exempt from consular legalisation, and Vietnamese bodies may not demand it, unless one of the grounds for refusal in Article 26 applies (Clauses 2 and 3, Article 25 of Decree 293/2026/ND-CP). It must still be translated into Vietnamese, with the translation notarised or certified under Vietnamese law (Clause 1, Article 27). Documents from a country without that relationship with Vietnam still need consular legalisation; ask the receiving authority which form it accepts for your country.
5. File at the right place and time. Between 60 days and no fewer than 10 days before the planned start date, at the Public Administration Service Centre where the worker will work, or online (Clause 1, Article 22; Article 6). The authority has 10 working days from receiving a complete file; a refusal must be given in writing with reasons within 3 working days (Clause 3, Article 22).
6. After the permit is issued, sign a written labour contract before the planned start date where the form of work is a labour contract (Points a and m, Clause 1, Article 2), and send a copy when the issuing authority asks (Clause 4, Article 22). After an extension, the parties again sign a written contract before the date work continues (Clause 4, Article 28). The contract term cannot exceed the permit term (Clause 2, Article 151 of the Labour Code).

Decree 219 sets no application fee, so this entry gives no figure. Ask the receiving authority or an adviser for the fee, translation, legalisation and medical costs at the time of filing.

What is a work permit in Vietnam when it expires, or when the employer or job changes?

The most common mistake is to treat the permit as the worker's own document and carry it to a new employer. It ends with the labour contract, and the new company must apply for a new permit (with a shorter file under Clause 1, Article 20).

What is a work permit in Vietnam for FDI companies and foreign investors?

For an FDI company (see what is an FDI company in Vietnam) the question is rarely whether a permit is needed but which category a person falls into. Five points:

1. Capital of VND 3 billion or more. An owner or capital-contributing member of a limited liability company (Clause 2, Article 7), and a chairperson or board member of a joint stock company (Clause 3, Article 7), with capital contribution of VND 3 billion or more, are not subject to a work permit. They do not need a certificate; they must notify at least 3 working days ahead (Clause 4, Article 9). Below VND 3 billion, the same people need a permit under Point l, Clause 1, Article 2, with proof that they are managers under Clause 1, Article 3 (Point e, Clause 6, Article 18). The Decree does not say whether the figure is capital paid in or committed, so keep evidence of paid-in capital. Nor does it say whether a person merely appointed by a corporate member, holding no capital in their own name, can count the corporate member's capital; do not assume that person is exempt, and ask the issuing authority first.
2. A director with no capital. The title of director or general director is a manager title (Clause 24, Article 4 of the Law on Enterprises), but a director who holds no capital does not fall within either exemption above and needs a permit unless another exemption applies. The same goes for the person named as legal representative: that title does not by itself settle the permit question.
3. Heads of representative offices and branches. The head of a branch or business location of an enterprise is an executive director under Point a, Clause 2, Article 3 of Decree 219, so needs a permit unless another ground for exemption exists. For the head of a foreign trader's representative office: on LexData's reading of the text, with no official guidance seen, Clause 3 of Article 154 of the Labour Code names only heads of representative offices of international organisations and foreign non-governmental organisations, so this person is usually treated as an executive director (Point a, Clause 2, Article 3 of Decree 219) and needs a work permit or a confirmation of exemption; ask the competent authority before appointing. See also what is a representative office in Vietnam.
4. Staff sent by the parent company. If the conditions for intra-corporate transfer are met (a commercial presence in one of the 11 service sectors in Vietnam's WTO commitments, and at least 12 months of continuous employment by the foreign enterprise before transfer), a certificate of exemption can be requested (Point b, Clause 13, Article 7; Point c, Clause 5, Article 8). If not, the Decree does not explain where the line falls between the intra-corporate transfer form (Point b, Clause 1, Article 2) and the secondment form (Point h, Clause 1, Article 2; Point dd, Clause 6, Article 18); decide case by case and ask the issuing authority. A person sent to set up a commercial presence is in the notice-only group (Clause 10, Article 7).
5. International Financial Centre. An employer that is a member of the International Financial Centre in Ho Chi Minh City or Da Nang applies Decree 325/2025/ND-CP (in force from 18 December 2025): the Centre's managing authority issues and extends permits and certificates (Article 4); no explanation of need is required (Clause 1, Article 8); complete files for issue or extension are decided within 3 working days (Clause 1, Article 6; Clause 2, Article 8); and permits and certificates last up to 10 years (Articles 7 and 9). The Decree also has its own exemptions (Article 5). The remaining steps follow Decree 219 (Article 6; Clause 2, Article 8).

Put the appointment of a foreigner on the same timetable as the investment registration certificate and enterprise registration, because the planned start date drives the 60-to-10-day filing window. Related services: work permits for foreign employees and Vietnam employment law advice.

What are the penalties for working or hiring without a work permit in Vietnam?

The Labour Code states only the principle: the worker is forced to leave or deported and the employer is dealt with under law (Clauses 2 and 3, Article 153). The amounts are in Article 13 of Decree 283/2026/ND-CP, in force from 10 September 2026 and replacing Decree 12/2022/ND-CP (Clauses 1 and 4, Article 66). Article 13 is not on the list of provisions whose amounts are set for organisations in Clause 1, Article 7, so its amounts are those for an individual and an organisation pays twice as much (Clauses 1 and 2, Article 7). The table shows the amounts for a company, branch or representative office:

A violation that began and ended before 10 September 2026 is dealt with under the rules in force when it happened; one that began earlier but continued after that date falls under Decree 283 (Clauses 1 and 2, Article 67). An individual or a household business acting as employer pays half the amounts in the table (Clause 3, Article 7).

Beyond fines, the permit can be revoked or cease to be valid (Article 156 of the Labour Code; Article 30 of Decree 219). For a person in a notice-only case, the risk is the notification fine in Clause 1, not the no-permit fine. For a person who must hold a certificate but does not, the employer is treated as using a foreigner without a certificate (Clause 5). The two groups are explained in the work permit exemption post.

One obligation does not depend on the permit: a foreign employee on a fixed-term labour contract of 12 months or more with a Vietnamese employer is covered by compulsory social insurance, except intra-corporate transferees, people past retirement age when the contract is signed, and where a treaty provides otherwise (Clause 2, Article 2 of the Law on Social Insurance 41/2024/QH15).

Work permit checklist before the foreign employee starts

1. Decide the position: manager, executive director, expert or technical worker, and why Vietnamese workers cannot yet fill it.
2. Test the worker against Clause 1, Article 151 and gather proof of position under Article 19.
3. Decide whether a permit, a certificate of exemption or only a notice applies.
4. For investors and board members: check the VND 3 billion line and keep proof of paid-in capital.
5. Schedule the apostille or consular legalisation, translation and certification of foreign documents; count back 60 to 10 days from the start date.
6. After the permit is issued, sign a written labour contract before the start date (and again after an extension), with a term no longer than the permit.
7. Arrange the visa and temporary residence card under the Law on Entry, Exit, Transit and Residence of Foreigners, after or together with the permit.
8. Diarise the extension window (10 to 45 days before expiry), the new permit after an extension, and recovery and return of the permit within 15 days when the permit ceases to be valid because the contract ends or for another reason in Clauses 2 to 7, Article 156.
9. Make sure the worker can show the permit on request; the worker must produce it when the authority asks (Clause 1, Article 153 of the Labour Code).

Common mistakes

• Letting the foreign employee start when the file has only just been filed. The authority has up to 10 working days; working before the permit is employing someone without one.
• Assuming the legal representative, or an investor holding less than VND 3 billion, is automatically exempt.
• Mixing up a certificate of exemption with a notice-only case, or the reverse.
• Relying on older guides that still cite Decree 152/2020, the fines of Decree 12/2022 or a consular legalisation requirement for every foreign document, which are no longer in force or have changed.