Foreign nationals working in Vietnam need either a work permit or written confirmation that they are exempt. What makes this slow is rarely the Vietnamese procedure. It is preparing documents abroad.
Background
Before employing a foreign national, the company must first explain its demand for foreign labour and obtain approval from the competent labour authority. Only then can an individual work permit application be filed.
The application requires evidence of qualifications and experience, a judicial record certificate and a health check. Documents issued abroad must be consular-legalised and translated into Vietnamese. This stage consumes most of the timeline and depends on the processing speed of authorities in the home country.
Some individuals fall within an exemption, but an exemption confirmation must still be obtained. Without that document the individual is treated as working without authorisation.
Once a work permit is issued, foreign staff usually apply for a temporary residence card rather than repeatedly extending a visa.
Common challenges
- Starting too late. Companies typically begin when the specialist is about to arrive, whereas consular legalisation alone takes weeks.
- Foreign documents in the wrong form. Degrees or experience letters not legalised correctly, or not showing the required detail, have to be reissued abroad from scratch.
- Job title inconsistent with credentials. A registered position that does not correspond to the qualifications and experience evidenced is a frequent ground for refusal.
- Assuming an exemption needs no filing. Believing an individual is exempt and therefore doing nothing, when the exemption itself requires a confirmation.
- Missing the renewal date. Work permits and residence cards both expire. Leaving it until after expiry puts the employee in an unauthorised position and exposes both parties.
How TrustlineAX helps
- The right route identified first. We assess each individual against the permit and exemption criteria and advise on a job title consistent with their actual credentials.
- Labour demand approval obtained. Preparation of the explanation file and liaison with the labour authority through to written approval.
- Document preparation guided from the start. A detailed checklist and step-by-step guidance on consular legalisation in the home country, with documents checked before they are sent to Vietnam.
- Work permit issued. Certified translation, filing, follow-up and handling of any requests for additional information.
- Exemption confirmations handled. The confirmation procedure completed for individuals within an exempt category.
- Residence cards and renewals tracked. Temporary residence cards for employees and dependants, with renewal work started before deadlines approach.
How we work
- Candidate assessment. Qualifications, experience and intended position reviewed to establish a workable route.
- Labour demand approval. The explanation file is submitted and approval obtained.
- Document preparation abroad. Legalisation guided in parallel to save time, with validity checked before submission.
- Permit application. File completed and submitted, tracked through to issue.
- Residence card and monitoring. Temporary residence card obtained and renewal reminders set for future deadlines.
Frequently asked questions
How long does a work permit take?
The statutory processing time at the labour authority is relatively short. Total elapsed time is considerably longer, because most of it sits in preparing and legalising documents abroad. Start well before the intended start date.
Who is exempt from a work permit?
Exempt categories are set out in labour legislation and cover certain positions and situations. The important point is that even where an exemption applies, the company must still obtain written confirmation of it.
What happens if someone works without a permit?
Both the individual and the employing company may face administrative penalties, and the foreign national may be required to leave Vietnam. For a company relying on that person, the operational consequences are significant.
Can a work permit be renewed?
Work permits are issued for a fixed term and may be extended where conditions are met, for the number of extensions allowed by law. The renewal file must be prepared before expiry; it cannot be dealt with afterwards.