Hiring a foreign national to work in Vietnam requires a work permit (giấy phép lao động) in most cases. Since the regulations were tightened under the Labour Code 2019 and Decree 152/2020/NĐ-CP (as amended by Decree 70/2023/NĐ-CP), work permit requirements, exemptions, and the approval process have become more structured — and more closely enforced. This guide covers everything FDI employers need to know to bring foreign employees on board compliantly in 2026.
Who Needs a Work Permit?
A work permit is required for any foreign national who:
- Enters Vietnam to work under a labour contract
- Is assigned or seconded by a foreign enterprise to work at its Vietnamese subsidiary, representative office, or branch
- Works as a manager, executive director, or expert
- Works as a technical worker or skilled specialist
Work Permit Exemptions
Certain categories of foreign workers are exempt from the work permit requirement under Article 154 of the Labour Code and Article 7 of Decree 152/2020/NĐ-CP, including:
- Capital contributors or owners of a limited liability company (LLC) that holds 51% or more foreign capital
- Members of the Board of Directors or the Board of Management
- Foreign nationals entering Vietnam to handle emergency situations (machine breakdowns, complex technical issues) for a period not exceeding 30 consecutive days and no more than 90 days in a year
- Foreign nationals working in Vietnam under international agreements to which Vietnam is a signatory
- Students enrolled in Vietnamese educational institutions doing internships
Exempt workers must still obtain a written confirmation of exemption from the Department of Labour, Invalids and Social Affairs (DOLISA) before starting work — this is a common compliance gap.
Step-by-Step Work Permit Application Process
Step 1: Employer Obtains Approval for Hiring a Foreign Worker (at least 30 days before)
The employer must apply to DOLISA for approval to hire a foreign worker, demonstrating that the position cannot be filled by a qualified Vietnamese national. The application includes a job description, justification for the foreign hire, and the employer’s business licence documents.
Step 2: Foreign Employee Prepares Personal Documents
The foreign employee must provide certified and notarised copies of:
- Valid passport (with at least 12 months remaining validity)
- Criminal record clearance from the employee’s home country AND from Vietnam (if residing in Vietnam for 6+ months) — must be issued within 6 months of the application date
- Health certificate from a Vietnamese Ministry of Health-designated hospital — issued within 12 months
- Proof of professional qualifications: university degree(s), professional certifications relevant to the position
- Proof of at least 3 years of work experience in the relevant field (for managers, experts, and technical workers)
- 2 recent passport-sized photographs
Documents in foreign languages must be legalised (apostilled or consular legalised) and notarised in Vietnamese.
Step 3: Employer Submits Work Permit Application to DOLISA
The employer submits the complete dossier (employer documents + employee documents) to DOLISA in the province where the employee will work. The application must be submitted at least 15 working days before the employee’s intended start date.
Step 4: DOLISA Issues the Work Permit
DOLISA reviews the dossier and issues the work permit within 5 working days of receiving a complete application. The work permit is valid for a maximum of 2 years and may be renewed once for an additional 2 years, after which a new application must be filed.
Step 5: Obtain Appropriate Visa or Temporary Residence Card
With the work permit in hand, the foreign employee can apply for a long-term business visa (LD visa) or a Temporary Residence Card (TRC), which eliminates the need for repeated visa renewals. TRCs are valid for up to 2 years and align with the work permit validity period.
Timelines at a Glance
| Stage | Timeline |
|---|---|
| Employer approval to hire foreign worker | At least 30 days before start date |
| Document legalisation and translation | 2–4 weeks (varies by country) |
| DOLISA processing after complete dossier | 5 working days |
| Temporary Residence Card (TRC) issuance | 5–7 working days |
Common Pitfalls for FDI Employers
- Starting work before the permit is issued: Allowing a foreign employee to start before the work permit is issued exposes the employer to fines of VND 75–100 million.
- Incomplete legalisation of documents: Criminal records and educational certificates from certain countries require consular legalisation, not just an apostille. Verify the specific requirement for each employee’s home country.
- Health certificate expiry: The health certificate must be issued within 12 months of the application date. Certificates that expire mid-process are a frequent cause of delays.
- Failing to notify DOLISA of changes: Any change to the employee’s role, work location, or employer must be notified to DOLISA within 3 working days.
Related reading: Once your foreign employees have work permits, ensure your payroll is compliant — see Vietnam Social Insurance Contributions 2026 and the Annual Compliance Calendar for all HR-related deadlines.
How TrustlineAX Can Help
TrustlineAX manages the entire work permit process for FDI companies — from preparing the employer approval dossier and liaising with DOLISA to advising on visa categories and Temporary Residence Card applications. Our HR compliance team has handled work permit applications across all major DOLISA offices in Vietnam and can significantly reduce the risk of delays and rejections.