Vietnam Work Permit 2026: Eligibility, Process, Processing Time

Quick Answer: A Vietnam work permit (giay phep lao dong) is a separate document from an entry visa and a Temporary Residence Card (TRC). Foreign employees must obtain a work permit before signing a labor contract, with four eligibility paths under Article 3 of Decree 152/2020/ND-CP (as amended by Decree 70/2023/ND-CP): manager, expert, technical worker, or intra-company transferee. The standard processing time is approximately 30 working days end-to-end, and the permit is valid for a maximum of 2 years per Article 155 of the Labor Code 2019.

The Vietnam work permit framework is governed by the Labor Code 2019 (Bo luat Lao dong 2019, Law No. 45/2019/QH14), Decree 152/2020/ND-CP, and Decree 70/2023/ND-CP. This guide explains the legal basis, eligibility categories, application workflow, and renewal rules for foreign nationals working in Vietnam.

Work Permit vs Visa vs TRC: Three Different Documents

Foreign workers in Vietnam often confuse three distinct legal instruments. Each has a separate issuing authority, validity period, and legal function.

Document	Issuing Authority	Validity	Legal Function
Entry Visa (LD1/LD2)	Immigration Department, Ministry of Public Security	Up to 2 years	Permits entry into Vietnam for labor purposes
Work Permit	Department of Labor, Invalids and Social Affairs (DOLISA)	Up to 2 years	Authorizes the foreign national to perform paid work for a specific employer
Temporary Residence Card (TRC)	Immigration Department	Up to 2 years (matches work permit)	Replaces the visa and allows multiple entries during the residence period

The work permit is the foundational document. Without a valid work permit (or a written exemption confirmation), an LD visa cannot be issued, a TRC cannot be applied for, and a labor contract concluded with the foreign worker is voidable under Article 155 of the Labor Code 2019.

Four Eligibility Paths Under Article 3, Decree 152/2020/ND-CP

Decree 152/2020/ND-CP, as amended by Decree 70/2023/ND-CP, defines four professional categories under which a foreign worker may qualify. The applicant must satisfy the documentary criteria for one specific path.

Path	Legal Basis	Core Criteria	Typical Evidence
Manager (Nha quan ly)	Art 3(4), Decree 152/2020/ND-CP	Person who heads and directly manages an enterprise; or head of a branch/representative office	Company charter, appointment decision, board resolution
Executive Director (Giam doc dieu hanh)	Art 3(5), Decree 152/2020/ND-CP	Directly manages and is subordinate only to the head of the enterprise	Internal organizational chart, employment contract from parent company
Expert (Chuyen gia)	Art 3(3), Decree 152/2020/ND-CP (amended by Decree 70/2023)	University degree or higher, plus at least 3 years of working experience in the specialization matching the assigned position; or at least 5 years of experience with a relevant practising certificate	Diploma (notarized + legalized), employer certification of experience, practising certificate
Technical Worker (Lao dong ky thuat)	Art 3(6), Decree 152/2020/ND-CP (amended by Decree 70/2023)	At least 1 year of vocational training plus 3 years of experience in the trained specialization; or at least 5 years of experience matching the assigned position	Vocational certificate, employer experience letter

A separate sub-category, the intra-company transferee (di chuyen noi bo doanh nghiep), is regulated by Article 3(1) and Article 11 of Decree 152/2020/ND-CP. The foreign national must have been employed by the parent company abroad for at least 12 consecutive months prior to the transfer, and the Vietnam entity must be one of the 11 service sectors listed in Vietnam's WTO commitments.

Eight-Step Process Timeline (Approximately 30 Working Days)

The application workflow consists of two principal stages: (1) approval of the demand to use foreign labor, and (2) issuance of the work permit. Article 7 and Article 9 of Decree 152/2020/ND-CP set out the statutory steps and timeframes.

1. Step 1: Employer files demand report (Form No. 01/PLI). Submitted to the Provincial People's Committee or DOLISA at least 15 days before the expected start date of foreign employment. Legal basis: Art 4, Decree 152/2020/ND-CP as amended.

2. Step 2: Demand approval issued. The competent authority returns a written approval (Form No. 03/PLI) within 10 working days. This approval specifies the position, number of workers, and duration.

3. Step 3: Document preparation by the foreign worker. The candidate obtains and legalizes the criminal record, health certificate, degrees, and experience letters from the home country. Consular legalization at the Vietnamese embassy is mandatory.

4. Step 4: Health examination. Conducted at a licensed hospital in Vietnam or recognized hospital abroad. Validity: 12 months from the date of issuance, per Art 9(2), Decree 152/2020/ND-CP.

5. Step 5: Work permit application filed (Form No. 11/PLI). Submitted to DOLISA at least 15 working days before the foreign worker's planned start date.

6. Step 6: DOLISA review and issuance. Within 5 working days from receipt of a complete dossier, DOLISA issues the work permit or returns a written refusal stating reasons. Legal basis: Art 11(2), Decree 152/2020/ND-CP.

7. Step 7: Labor contract signed. The employer and foreign worker sign a written labor contract no later than the work permit start date, per Art 153 of the Labor Code 2019.

8. Step 8: Labor contract report. The employer reports the signed contract to DOLISA within 5 working days, attaching a copy of the contract.

Total elapsed time from Step 1 to Step 6 is typically 25 to 30 working days when documents are complete. Document legalization in the home country (Step 3) can extend the calendar timeline to 45 to 60 days.

Required Documents (Twelve Items)

The complete dossier under Article 9 of Decree 152/2020/ND-CP comprises:

1. Application form for the work permit (Form No. 11/PLI).
2. Health certificate issued within the past 12 months.
3. Criminal record (judicial record No. 1 from Vietnam, or equivalent from home country) issued within the past 6 months.
4. Document evidencing the foreign worker is a manager, executive director, expert, or technical worker.
5. Two color photographs (size 4cm x 6cm, taken within the past 6 months, white background, no glasses).
6. Approval document for foreign labor demand (Form No. 03/PLI from Step 2).
7. Notarized copy of the passport, valid for the entire work permit duration.
8. Documents related to the foreign worker depending on the eligibility path (degree, vocational certificate, practising certificate).
9. For intra-company transferees: written confirmation from the parent company of employment for at least 12 months.
10. For experts: employer letter certifying at least 3 years of relevant experience.
11. For technical workers: vocational training certificate plus experience confirmation.
12. Power of attorney if the employer authorizes a third party to file the dossier.

All documents issued abroad must be consularly legalized and translated into Vietnamese by a licensed translation agency, then notarized.

Common Rejection Reasons

DOLISA most frequently refuses applications for the following defects under Article 11(3) of Decree 152/2020/ND-CP:

• Mismatch between the approved position and the applicant's qualifications. The job title in Form No. 03/PLI must align with the degree or experience evidence.
• Insufficient experience documentation. Generic employment certificates without specifying the role and dates are commonly rejected. The letter must state job title, duration, and specialization.
• Expired health certificate. Certificates older than 12 months are not accepted.
• Missing consular legalization. Documents legalized only by a notary in the home country, without Vietnamese embassy authentication, are invalid.
• Late filing. Applications submitted fewer than 15 working days before the planned start date trigger procedural rejection.
• Inconsistent personal data. Discrepancies in name spelling between passport, degree, and criminal record require correction before resubmission.

Renewal and Validity Period (Maximum 2 Years)

Article 155 of the Labor Code 2019 caps the work permit validity at 2 years. Article 10 of Decree 152/2020/ND-CP allows one renewal for a further maximum of 2 years. After the renewal expires, the foreign worker must exit Vietnam and apply for a new work permit if continued employment is required.

The renewal dossier must be submitted to DOLISA between 5 and 45 days before the current work permit expires (Art 17, Decree 152/2020/ND-CP). Processing time for renewal is also 5 working days.

For continued residence after the work permit, the foreign worker may apply for a Temporary Residence Card (TRC); see the Vietnam TRC guide. Personal income tax obligations during the employment period are explained in the PIT guide for foreigners. Foreign nationals married to Vietnamese citizens may qualify for alternative residence pathways; see the marriage to a Vietnamese citizen guide.

FAQ

Q1: Can a foreign worker start working before the work permit is issued? No. Article 153 of the Labor Code 2019 prohibits employment of a foreign national without a valid work permit (or written exemption). Both the employer and the worker are subject to administrative penalties under Decree 12/2022/ND-CP.

Q2: Is the work permit transferable between employers? No. The work permit is issued for a specific employer, position, and worksite. A change in any of these requires either a new work permit or a re-issuance dossier under Article 12 of Decree 152/2020/ND-CP.

Q3: Are there exemptions from the work permit requirement? Yes. Article 154 of the Labor Code 2019 and Article 7 of Decree 152/2020/ND-CP list 20 exemption categories, including capital-contributing members of an LLC with capital of at least VND 3 billion, chairpersons of joint-stock companies, intra-company transferees in WTO service sectors for under 30 days, and short-term experts under 30 days per visit (cumulative under 90 days per year). Exempted workers still require a written exemption confirmation from DOLISA.

Q4: What is the maximum total duration a foreigner can work in Vietnam under the work permit system? The initial permit (up to 2 years) plus one renewal (up to 2 years) totals 4 years. After 4 years, the foreign worker must depart and a fresh application cycle begins.

Q5: Does the work permit confer the right to bring family members to Vietnam? The work permit itself does not. However, holders of a valid work permit may apply for a TRC, and TRC holders may sponsor a dependent visa (TT) for spouse and children under Article 8 of Law on Foreigners' Entry, Exit, Transit and Residence 2014 (as amended in 2019).

Citations

Provision	Source	Reference URL
Articles 151, 152, 153, 154, 155	Labor Code 2019, Law No. 45/2019/QH14	vbpl.vn
Articles 3, 4, 7, 9, 10, 11, 12, 17	Decree 152/2020/ND-CP	vbpl.vn
Amendments to Articles 3, 4, 9, 11	Decree 70/2023/ND-CP	vbpl.vn
Administrative penalties for unlicensed foreign labor	Decree 12/2022/ND-CP	vbpl.vn
Visa and residence rules for foreigners	Law on Foreigners' Entry, Exit, Transit and Residence 2014 (amended 2019)	vbpl.vn

Disclaimer: This article is general reference information drawn from publicly available Vietnamese legal sources (see citation table). It is edited by the Asklaw Editorial Team in compliance with Vietnam's AI Law 2026 (transparency obligations) and the Law on Lawyers 2006 (65/2006/QH11, as amended by Law 20/2012/QH13). It does not constitute legal advice for any specific case and does not create a lawyer-client relationship. For personalized advice, please consult a Vietnam-licensed lawyer. Personal data (if any) is processed under Vietnam's Personal Data Protection Law 2026.