Working in Vietnam: Legal notes for foreigners

In an era of robust development and international integration, Vietnam is emerging as a major destination attracting a large number of foreign employees to live and work on a stable, long-term basis. According to the Ministry of Home Affairs, as of the end of 2024, Vietnam had nearly 162,000 foreign workers from various countries. This reflects the high-potential development opportunities offered by the Vietnamese market. However, foreign employees residing and working in Vietnam should take note of the requirements and legal matters listed below.

1. The legal framework governing foreign employees working in Vietnam

Currently, Vietnam has issued several legal instruments regulating foreign labor in the country, including:

• The Labor Code 2019 (Section 3, Chapter XI, which provides for matters relating to foreign labor in Vietnam, such as working conditions, work permits,...)

• Decree 219/2025/ND-CP on foreign employees working in Vietnam.

• Decree 12/2022/ND-CP on administrative penalties in the sectors of labor, social insurance, and Vietnamese guest workers (Article 32).

2. Legal issues that foreign employees must understand when working in Vietnam

2.1. Conditions for foreign employees to be permitted to work in Vietnam

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• Must not be a person who is serving a sentence or has not yet had their criminal record repealed or is subject to criminal prosecution in accordance with foreign or Vietnamese law.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

2.2. Procedure for foreign employees to work legally in Vietnam

Steps for foreign employees to enter and work legally in Vietnam under current regulations:

• Step 1: The Employer submits an application for a work permit for the foreign employee or an application for a certificate of exemption from the work permit requirement;
• Step 2: Apply for a labor visa for the foreign employee;
• Step 3: Apply for a Temporary Residence Card for the foreign employee to facilitate stable living and working in Vietnam

2.3. Rights of foreign employees working in Vietnam

Under Article 2.3 of the Labor Code 2019, foreign employees working legally in Vietnam are subject to labor laws; therefore, they are legally protected and entitled to basic rights similar to those of Vietnamese employees.

Specifically, foreign employees have the following rights under Article 5 of the Labor Code 2019:

• To be free from discrimination, forced labor, and sexual harassment in the labor relationship;
• To be paid a salary as agreed, commensurate with their position and qualifications, and not lower than the statutory minimum wage;
• To be guaranteed working hours, rest periods, public holidays, and annual leave in accordance with the law;
• To have the right to unilaterally terminate the employment contract, file complaints or denunciations, and request the resolution of labor disputes in accordance with Vietnamese law.

3. Legal obligations for foreign employees to comply with and note when working in Vietnam

In addition to the rights enjoyed, foreign employees must strictly comply with legal obligations under labor laws and immigration laws of Vietnam.

3.1. Compliance with the content of the Work permit

Foreign employees must work in the exact position, job title, workplace, and within the term recorded in the Work permit.

In cases where a foreign employee works under an employment contract, the employer and the foreign employee must sign a written employment contract in accordance with Vietnamese labor laws after the work permit is issued and before the expected start date (Article 22.4 of Decree 219/2025/ND-CP). Thus, employees should note that signing an employment contract before the work permit is issued will affect the contract's validity, potentially rendering it void and leading to serious legal risks.

3.2. Work Permit extension

Given the critical nature of the work permit, both employees and employers must ensure the extension procedure is carried out when the permit is nearing its expiration.

• Entity responsible for the procedure: The employer
• Timeline: At least 10 days but no more than 45 days prior to the expiration of the work permit
• Submission methods: In person, via public postal services, through hired services of enterprises/individuals, or via authorization to the local Public Administration Service Center where the foreign employee works.
• Extending Authority: The Department of Home Affairs where the employee works
• Processing time: 10 working days
• Extension term: As regulated, but a permit may only be extended once for a maximum term of 2 years.

3.3. Legal consequences for non-compliance

Article 32 of Decree No. 12/2022/ND-CP stipulates a fine ranging from VND 15,000,000 to VND 25,000,000 for foreign employees working in Vietnam who commit any of the following acts:

• Working without a work permit or a written confirmation of exemption from work permit requirements as prescribed by law;
• Utilizing a work permit or a written confirmation of exemption from work permit requirements that has expired.

Furthermore, foreign employees committing the aforementioned acts may also be subject to the supplementary penalty of deportation from Vietnam.

Likewise, pursuant to Clause 4, Article 32 of Decree No. 12/2022/ND-CP, the Employer shall be subject to a fine of between VND 30,000,000 and VND 75,000,000 for employing foreign workers in Vietnam in any of the following cases:

• Employing foreign workers without a work permit or a written confirmation of exemption from work permit requirements (or)
• Employing foreign workers whose work permit or written confirmation of exemption from work permit requirements has expired. 

Foreign employees working in Vietnam are guaranteed basic rights under labor laws similar to Vietnamese employees, while simultaneously being required to strictly adhere to legal obligations regarding work permits, visas, and residence status. Working within the authorized scope and maintaining the validity of relevant legal documents are mandatory conditions for foreign employees to work legally, stably, and long-term in Viet Nam.

Lexsol provide comprehensive legal advice and support on labor issues for both employees and employers.