What is work permit and the conditions for issuance of work permit?

1. Definition of Work permit (WP) 

Work permit (WP) is a legal document issued by Vietnamese competent authorities to foreign employee to work legally in Vietnam within the duration specified on the permit.

Work permit includes the following information:  

• Personal information of the applicant (name, nationality, passport number,...)   
• Job position and field of work 
• Working form (expert, manager, technical worker, executive) 
• Name and address of the employer 
• Permitted period of work in Viet Nam 
• Status of work permit  

Work permit sample 

2. Who is subject to obtain work permit in Viet Nam?  

Pursuant to Article 151 of the Labor Code 2019, foreign employees working in Vietnam are persons of foreign nationality who satisfy the following conditions: 

• To be at least 18 years of age and have full civil act capacity.

• To have technical, professional or occupational qualifications and experience, and suitable health as stipulated by the Minister of Health. 

• Must not be a person who is serving a sentence or has not yet had their criminal record repealed or is subject to criminal prosecution in accordance with foreign or Vietnamese law.

• Has a work permit issued by an authorized state management agency of Viet Nam, except for cases stipulated in Labor Code.  

Therefore, subjects required to obtain a work permit are foreign employees desiring to work in Vietnam, except for cases stipulated as analyzed below.  

3. Cases exempt from work permit issuance 

Foreign employees working in Vietnam are not required to apply for a Work Permit if they fall under one of the 15 cases stipulated in Article 7 of Decree No. 219/2025/ND-CP, including but not limited to: 

• Being the Chief of a representative office, project, or person primarily responsible for the operations of an international organization or a foreign non-governmental organization in Vietnam 

• Entering Vietnam for a duration of less than 03 months to offer services.  

• Enters Vietnam for a period of less than 03 months to a resolve complicated technical or technological issue which (i) affects or threatens to affect business operation and (ii) cannot be resolved by Vietnamese experts or any other foreign experts currently in Vietnam. 

• Gets married with a Vietnamese citizen and wishes to reside in Vietnam. 

• Persons who enter Vietnam to provide consulting services on expertise and technology or to perform other tasks serving the research, development, appraisal, monitoring, evaluation, management, and implementation of programs or projects using official development assistance in accordance with regulations or agreements in international treaties on official development assistance signed between competent authorities of Vietnam and foreign countries. 

• Other cases as prescribed by this Article. 

Although a Work permit is not required, these cases must still undergo the procedure to apply for the issuance of confirmations of exemption from work permit requirement pursuant to Articles 8 and 9 of this Decree.  

However, there remain certain exceptions stipulated in Article 9.4 of Decree No. 219/2025/ND-CP which do not require the procedure for confirmation of work permit exemption, but require notification to the competent authority, including but not limit to the following cases:  

• Owners or capital contributors with a capital contribution value of VND 3 billion or more in a limited liability company. 

• Gets married with a Vietnamese citizen and wishes to reside in Vietnam.  

• Family of members of foreign representative bodies in Vietnam who are authorized to work in Vietnam under international treaties to which the Socialist Republic of Vietnam is a signatory. 

• Foreign employees who are managers, executive directors, experts, or technical workers entering Vietnam for work for a total duration of less than 90 days within 01 year, calculated from January 1st to the last day of the year.  

• Other cases as prescribed by this Article. 

The deadline for notification is at least 03 working days prior to the date the foreign employee is expected to commence work in Vietnam.  

4. Competent authority for issuance of work permit 

Pursuant to Article 4 of Decree No. 219/2025/ND-CP, the competent authority to issue, reissue, renew, and revoke work permits and confirm work permit exemptions is the Provincial People's Committee where the foreign national intends to work. 

If the foreign national works in multiple provinces or cities, the jurisdiction shall belong to the Provincial People's Committee where the employer’s head office located.  

5. Meaning of work permit 

The Work Permit plays a crucial role for both the State and the employee. The core purpose of issuing this permit is to strictly manage the labor market, particularly the foreign workforce, ensuring they meet all standards regarding qualifications and health, and do not violate Vietnamese law. 

Primary roles of the work permit: 

• For the State: It serves as a tool to control the quantity, quality, and occupational structure of foreign labor, prioritizing the utilization of domestic labor and only supplementing positions that Vietnamese labor cannot yet satisfy. 

• For the Foreign Employee: It is legal evidence confirming their lawful employment, enabling them to enjoy full rights and protection under Vietnamese labor law, including the right to be issued a Temporary Residence Card aligned with the duration of the permit 

• For the Enterprise/Organization: Ensures the enterprise complies with the law, avoiding administrative penalties for employing workers without valid permits. 

In summary, understanding the definition of a work permit, mastering the conditions for issuance, and strictly complying with the application procedures under the latest regulations in Decree No. 219/2025/ND-CP and related documents are decisive factors for the legality and stability of foreign personnel in Vietnam. This entire process requires precision and synchronization between the dossier and legal timelines. 

The procedure for applying for a WP is often complex, demanding accuracy in documentation. Therefore, Lexsol can support you with: 

• Consultation on conditions & dossier review 

• Drafting of all forms pursuant to Decree No. 219/2025/ND-CP 

• Submission of dossiers & receipt of results (comprehensive package) 

• Commitment to timeliness – regulatory compliance – correct jurisdiction 

Contact us to receive comprehensive advisory solutions and all-inclusive services for work permit procedures, ensuring legal compliance and allowing your enterprise to focus entirely on development goals.