ON FOREIGN WORKERS WORKING IN VIETNAM

This Decree provides for foreign workers working in Vietnam specified in the following articles and clauses of the Labor Code: Requirements and procedures for issuance, re-issuance, renewal, and revocation of work permits and confirmations of exemption from work permit requirement obtained by foreign workers in Vietnam as prescribed in Article 157 of the Labor Code and foreign workers in Vietnam exempt from work permits as prescribed in clauses 1, 2 and 9 of Article 154 of the Labor Code.

1. Foreign workers in Vietnam (hereinafter referred to as “foreign workers") are foreign citizens working in the positions specified in Article 3 hereof in one of the following forms:

a) Under employment contracts;

b) Under intra-company transfer program;

c) Under contracts or agreements on economic and social;

d) As service provider under contract

dd) Offering services;

e) As volunteers;

g) As person taking charge of establishing the commercial presence;

h) Being transferred from an overseas agency, organization, or enterprise to work in Vietnam, except in cases of intra-company transfer;

j) Performing packages or projects in Vietnam; or

k) As family of members of foreign representative bodies in Vietnam who are authorized to work in Vietnam under an international treaties to which the Socialist Republic of Vietnam is a signatory.

l) As Chairperson of the Board of Directors, member of the Board of Directors of a joint stock company or owner or member of a limited liability company with a capital contribution value of less than VND 3 billion;

m) Under employment contract with foreign diplomatic missions and foreign organizations in Vietnam.

2. Employers of foreign workers include enterprises, agencies, organizations, contractors, foreign diplomatic missions in Vietnam; and individuals permitted to engage in business activities in accordance with law.

1. Managers, including managers of enterprises as prescribed in Clause 24 of Article 4 of the Law on Enterprise, or a head or deputy head of an agency or organization in accordance with law.

2. Chief Executive Officers (CEOs) that fall under one of the following cases:

a) The head of a branch, representative office, or business location of an enterprise;

b) The head who directly manages a specific field of an agency, organization, or enterprise and has at least 3 years of experience in the field suitable for the intended position for foreign worker

3. Experts that fall under one of the following cases:

a) Hold a bachelor's degree or higher (or equivalent) and have at least 2 years of relevant working experience suitable for the intended position for foreign worker;

b) Hold a bachelor's degree or higher in relevant major and have at least 1 year of relevant experience that are suitable for the intended position for the foreign worker (applicable for experts working in fields of finance, science, technology, innovation, national digital transformation, or priority socio-economic development fields determined by ministries, ministerial agencies, provincial People’s Committees, or under cooperation agreements of the Government of Vietnam.

4. Technical workers that fall under one of the following cases:

a) Have at least 1 year of training and at least 2 years of relevant working experience suitable for the intended position for the foreign worker;

b) Have at least 3 years of relevant working experience suitable for the intended position for the foreign worker.

1. The Provincial People’s Committees have the authority to issue, reissue, renew, and revoke work permits and confirmations of exemption from work permit requirement for foreign workers employed by employers that have offices, branches, representative offices, or business locations in the province or city where the foreign worker is expected to work.

If a foreign worker is employed by one employer but works in multiple provinces or centrally affiliated cities, the People’s Committee of the province or city where the employer’s head office is located shall have the authority to issue, reissue, renew, and revoke the work permit and confirmation of exemption from work permit.

2. The provincial People’s Committee shall decide the delegation of powers to competent authorities to perform issuance, reissuance, renewal, and revocation of work permits and confirmations of exemption from work permit requirement as prescribed by law.

1. Documents in the application for issuance, reissuance, and renewal of work permits and confirmations of exemption from work permit requirement for foreign workers issued by foreign authorities, must be consular legalized unless exempted from consular legalization under international treaties to which the Socialist Republic of Viet Nam and the relevant foreign country are a signatory, or under the principle of reciprocity, or as otherwise provided by law.

2. Documents that have been consular legalized must be translated into Vietnamese and authenticated in accordance with law. If the documents are copies, they must be authenticated against the originals before such documents are translated to Vietnamese and such translation is authenticated in accordance with law.

1. Employers shall submit applications for issuance, reissuance, or renewal of work permits and confirmations of exemption from work permit requirement for foreign workers online via the National Public Service Portal.

2. The National Public Service Portal shall forward applications in accordance with laws on initiation of administrative procedures by employing single-window system and inter-agency single-window system at single-window section and National Public Service Portal to the competent authorities responsible for issuing, reissuing, or renewing work permits and confirmations of exemption from work permit requirement for foreign workers.

3. If employers submit an application for the issuance of a work permit together with an application for issuance of a criminal record certificate under the authorization of the foreign worker online, the following procedures shall be carried out:

a) The employer shall submit an application for issuance of work permits attached with an application for issuance of a criminal record certificate via the National Public Service Portal;

b) The National Public Service Portal shall forward the applications under point a of this Clause to the competent authority for issuing the work permit and the competent police authority for issuing the criminal record certificate;

c) Upon receipt of the application for issuance of a criminal record certificate, the competent police authority shall appraise such application and accept it if it is adequate or request supplementation or amendments if it is inadequate, or return it if it is invalid. The electronic criminal record certificate issued shall be sent to the competent authority issuing the work permit;

d) The competent authority issuing the work permit shall appraise the application and issue a work permit and send it together with the electronic criminal record certificate to the employer.

The total time limit for issuance of criminal record certificate and work permit shall be the sum of the time limits for issuing such certificate and permit.

1. Persons who fall under one of the cases specified in Clauses 3, 4, 5, 6, 7, and 8 of Article 154 of the Labor Code.

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

3. Chairpersons of the Board of Directors or members of the Board of Directors with a capital contribution value of VND 3 billion or more in a limited liability company.

4. 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.

5. Foreign journalists engaging in press activities confirmed by the Ministry of Foreign Affairs.

6. Persons who are sent by competent foreign agency or organization to Vietnam to teach or work as a manager, or CEO at educational institutions established upon the request of foreign diplomatic missions, intergovernmental organizations in Vietnam, or institutions/organizations established under international treaties to which Vietnam is a signatory.

7. Foreign students or trainees studying at educational institutions in Vietnam or foreign countries who have an internship agreement or a job offer letter from an employer in Vietnam; or interns or apprentices on a Vietnam sea-going ship.

8. 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.

9. Persons who hold an official passport and work for state agencies, political organizations, or socio-political organizations.

10. Persons who are responsible for establishing a commercial presence.

11. Volunteers who do voluntary and unpaid works in Vietnam to execute international treaties to which the Socialist Republic of Vietnam is a signatory and have confirmation from a foreign diplomatic mission or international organization in Vietnam.

12. Persons who enter Vietnam to execute international agreements signed by central or provincial agencies or organizations under the law.

13. Foreign workers who are managers, CEOs, experts, or technical workers who fall under one of the following cases:

a) Entering Vietnam to work for a total period of less than 90 days within one year, from January 1 to December 31;

b) Under intra-company transfer program; Person who is an intra-company transferee within a foreign enterprise that has established a commercial presence in Vietnam within 11 sectors in the schedule of commitments in services between Vietnam and WTO, and has been continuously employed by the foreign enterprise for at least 12 months. Commercial presence includes foreign-invested business organizations; representative offices and branches of foreign traders in Vietnam; and foreign investors’ offices under business cooperation contracts.

14. Persons who are certified by the Ministry of Education and Training as foreign workers entering Vietnam for:

a) Teaching, researching, and transferring international education programs;

b) Acting as managers, CEOs, principals, or vice principals of educational institutions established upon the request of foreign diplomatic missions or intergovernmental organizations in Vietnam.

15. Persons who are certified by ministries, ministerial agencies, or provincial People’s Committees to enter Vietnam to work finance, science, technology, innovation, national digital transformation, or priority socio-economic development sectors.

1. Application form for issuing confirmations of exemption from work permit requirement using Form No. 01 attached hereto.

2. Medical examination report issued by a qualified medical establishment, except for cases where the medical examination results have been connected and shared on the Information System for management of medical examination and treatment or the national health database. Medical examination reports issued by competent foreign medical establishments may be used if Vietnam and the country or territory issuing such reports are signatory of the same mutual recognition agreements or treaties, and have the validity period not exceeding 12 months from the date of issuance.

3. 02 color photos (size 4 cm x 6 cm, white background, facing forward, head uncovered, and no glasses).

4. Unexpired passport.

5. Document proving that the foreign worker is exempt from the requirement for a work permit, which is one of the followings:

a) A written document issued by a competent authority as prescribed by law for cases specified in Clause 3 of Article 154 of the Labor Code or one of the cases specified in Clauses 9, 14, and 15 of Article 7 hereof;

b) A written document from the foreign employer that sends the foreign worker accompanied by an agreement or international treaty to which the Socialist Republic of Vietnam is a signatory for cases specified in Clause 7 of Article 154 of the Labor Code or one of the cases specified in Clauses 4, 6, 7, 11, and 12 of Article 7 hereof;

c) A written document proving the status as a manager, CEO, expert, or technical worker as prescribed in Article 19 hereof accompanied by a written document from the foreign employer that sends the foreign worker to work for a fixed term at a commercial presence in Vietnam, and confirmation that the foreign employer has employed the worker continuously for at least 12 months immediately before entering Vietnam for work for the case specified in Point b, Clause 13 of Article 7 hereof.

1. Within 60 days and no less than 10 days prior to the date the foreign worker is expected to start working, the employer shall submit an application for the issuance of confirmations of exemption from work permit requirement in person, by post, via a service provided by an enterprise or individual, or via authorized representatives to the Public Administration Service Center in the province or city where the foreign worker is expected to work.

2. The local Public Administration Service Center, in accordance with regulations on administrative procedures under the single-window and Interlinked single-window mechanisms at the single-window section and National Public Service Portal, shall forward the application to the competent authority for issuing the confirmation of exemption from work permit requirement.

3. Within 5 working days from the date of receiving a complete application, the competent authority shall issue a confirmation using Form No. 02 in the Appendix attached hereto.

In case of refusal, the competent authority must provide a written response clearly stating the reasons within 3 working days from the date of receiving the complete application.

4. For cases specified in Clauses 4, 5, 6, and 8 of Article 154 of the Labor Code, and Clauses 2, 3, 5, 8, 10, and point a of Clause 13 of Article 7 hereof, there is no need to carry out the procedure for issuance of confirmation of exemption from work permit requirement. However, the employer must notify the competent authority responsible for issuing such confirmation in the province or city where the foreign worker is expected to work at least 3 days before such foreign worker starts to work in Vietnam.

The notification must include the following basic information: full name, date of birth, nationality, passport number, name of the foreign employer, place of work, and duration of work.

5. If a foreign worker has already been issued with a confirmation of exemption from work permit requirement and wishes to work for the same employer in multiple provinces or centrally affiliated cities, the employer must notify the competent authority responsible for issuing such confirmation in the province or city where the foreign worker is expected to work at least 3 days prior to the expected start date.

The notification must include the following basic information: full name, date of birth, nationality, passport number, number of confirmation of exemption from work permit requirement, the name of the foreign employer, and start date and end date of work. The duration of work must not exceed the validity period of the previously confirmation of exemption from work permit requirement.

The validity period of confirmations of exemption from work permit requirement shall be the same as that of one of the cases specified in Article 21 hereof but not exceed 02 years.

1. Unexpired confirmation of exemption from work permit requirement that is lost or damaged and unusable.

2. Changes in one of the following contents: full name, nationality, passport number, place of work, or change of the employer’s name without changing the employer’s identification number.

1. Application form for reissuing confirmation of exemption from work permit requirement of the employer using Form No. 01 attached hereto.

2. Documents proving the changes in content specified in Clause 2 of Article 11 hereof.

3. The unexpired confirmation of exemption from work permit requirement, except in cases of loss as specified in Clause 1 of Article 11 hereof.

1. The employer shall submit an application for the reissuance of confirmation of exemption from work permit requirement in person, by post, via a service provided by an enterprise or individual, or via authorized representatives to the Public Administration Service Center in the local area where the foreign worker is currently working.

2. The local Public Administration Service Center, in accordance with regulations on administrative procedures under the single-window and Interlinked single-window mechanisms at the single-window section and National Public Service Portal, shall forward the application to the competent authority for reissuing the confirmation of exemption from work permit requirement.

3. Within 03 working days from the date of receiving a complete application, the competent authority shall reissue a confirmation using Form No. 02 in the Appendix attached hereto.

In case of refusal, the competent authority must provide a written response clearly stating the reasons.

The validity period of the reissued confirmation of exemption from work permit requirement shall be equal to the remaining validity period of the previously issued confirmation of exemption from work permit requirement, after deducting the time the foreign worker has already worked up to the date of submitting the application for reissuance.

1. Application form for renewing confirmations of exemption from work permit requirement using Form No. 01 attached hereto.

2. Medical examination report issued by a qualified medical establishment, except for cases where the medical examination results have been connected and shared on the Information System for management of medical examination and treatment or the national health database. Medical examination reports issued by competent foreign medical establishments may be used if Vietnam and the country or territory issuing such reports are signatory of the same mutual recognition agreements or treaties, and have the validity period not exceeding 12 months from the date of issuance.

3. Unexpired confirmation of exemption from work permit requirement.

4. Unexpired passport.

5. Document proving that the foreign worker is exempt from the requirement for a work permit, which is one of the followings:

a) One of the documents specified in points a and b of Clause 5 of Article 8 hereof;

b) A written document proving the status as a manager, CEO, expert, or technical worker as prescribed in Article 19 hereof accompanied by a written document from the foreign employer that sends the foreign worker to work for a fixed term at a commercial presence in Vietnam for the case specified in point b of Clause 13 of Article 7 hereof.

1. At least 10 days but no more than 45 days before the expiration of the confirmation of exemption from work permit requirement, the employer shall submit an application for the renewal of confirmations of exemption from work permit requirement in person, by post, via a service provided by an enterprise or individual, or via authorized representatives to the Public Administration Service Center in the local area where the foreign worker is currently working.

2. The local Public Administration Service Center, in accordance with regulations on administrative procedures under the single-window and Interlinked single-window mechanisms at the single-window section and National Public Service Portal, shall forward the application to the competent authority for renewing the confirmation of exemption from work permit requirement.

3. Within 05 working days from the date of receiving a complete application, the competent authority shall renew the confirmation for the foreign worker.

In case of refusal, the competent authority must provide a written response clearly stating the reasons.

The validity period of confirmations of exemption from work permit requirement that are renewed shall be the same as that of one of the documents specified in Article 21 hereof but not exceed 02 years for each renewal.

1. A written document from the employer reporting and explaining the demand for foreign labor and applying for the issuance of a work permit according to Form No. 03 in the Appendix attached hereto.

2. Medical examination report issued by a qualified medical establishment, except for cases where the medical examination results have been connected and shared on the Information System for management of medical examination and treatment or the national health database. Medical examination reports issued by competent foreign medical establishments may be used if Vietnam and the country or territory issuing such reports are signatory of the same mutual recognition agreements or treaties, and have the validity period not exceeding 12 months from the date of issuance.

3. Unexpired passport.

4. A criminal record certificate or a document confirming that the foreign worker is not serving a sentence, not having an unspent conviction, and is not undergoing criminal investigation, issued by a competent authority in the foreign country or in Vietnam, within 06 months prior to the date of application submission, except for cases where the administrative procedures for issuance of the criminal record certificate and work permit have been interlinked as prescribed in Clause 3 of Article 6 hereof.

5. 02 color photos (size 4 cm x 6 cm, white background, facing forward, head uncovered, and no glasses).

6. Document proving working form of the foreign worker, which is one of the followings:

a) A written document from the foreign employer on sending the foreign worker to work for a fixed term at a commercial presence in Vietnam and confirming that the foreign worker has been continuously employed by the foreign employer for at least 12 months immediately before entering Vietnam for the case specified in point b of Clause 1 of Article 2 hereof;

b) A written document from the employer on sending the foreign worker accompanied by a signed contract or agreement for the cases specified in points c and I of Clause 1 of Article 2 hereof;

c) A service provision contract signed between Vietnamese and foreign partners and a document proving that the foreign worker has worked for the foreign enterprise without commercial presence in Vietnam for at least 24 months for cases specified in point d of Clause 1 of Article 2 hereof;

d) A written document from the service provider on sending the foreign worker to Vietnam for service negotiation for the case specified in point dd of Clause 1 of Article 2 hereof;

dd) A written document from the foreign employer on sending the foreign worker to Vietnam and confirming the suitability of the foreign worker for the intended position for cases specified in point h of Clause 1 of Article 2 hereof;

e) Document proving the person’s status as a manager as prescribed in Clause 1 of Article 3 hereof for the cases specified in point l of Clause 1 of Article 2 hereof.

7. Documents proving the worker’s status as a manager, CEO, expert, or technical worker as prescribed in Article 19 hereof.

1. The document proving the foreign worker’s status as a manager specified in clause 1 of Article 3 hereof is one of the followings:

a) The company’s charter and documents proving the status as a manager or appointment/mobilization documents for the position of manager as prescribed in Clause 24 of Article 4 of the Enterprise Law;

b) The establishment license of the agency or organization, or appointment/mobilization documents for the head or deputy head of the agency or organization.

2. The document proving the foreign worker’s status as a CEO specified in clause 2 of Article 3 hereof is one of the followings:

a) Certificate of branch registration, certificate of representative office registration, or certificate of business location registration of the enterprise;

b) The company’s charter or documents regulating the organizational structure of the agency or organization; a written confirmation from the foreign employer about the number of years of work experience in a field suitable for the position that the foreign worker is expected to work in Vietnam.

If the foreign worker has already worked in Vietnam, the work permit or confirmation of exemption from work permit requirement previously granted may be used instead of documents proving years of experience in the relevant field for the intended position in Vietnam.

3. The document proving the foreign worker’s status as an expert specified in clause 3 of Article 3 hereof is one of the followings:

a) Diploma/Degree, certificate, or certification of graduation at university level or higher (or equivalent) and a written confirmation from the foreign employer on the years of work experience of the expert.

If the foreign worker has already worked in Vietnam, the work permit or confirmation of exemption from work permit requirement previously granted may be used instead of documents proving years of experience in the relevant field for the intended position in Vietnam;

b) Diploma/Degree, certificate, or certification of graduation at university level or higher (or equivalent) in finance, science, technology, national digital transformation and innovation, priority socio-economic development sectors, or according to cooperation agreements of the Government of Vietnam, plus written confirmation from the foreign employer on years of experience.

If the foreign worker has already worked in Vietnam, the work permit or confirmation of exemption from work permit requirement previously granted may be used instead of documents proving years of experience in the relevant field for the intended position in Vietnam.

c) Certificates of high achievements, qualifications, or experience in culture and sports for artists, coaches, athletes as guided by the Minister of Culture, Sports and Tourism;

d) Pilot licenses, professional certificates allowing work on aircraft for flight attendants, certificates of professional qualifications in aircraft maintenance, professional competency certificates for foreign seafarers issued by competent Vietnamese authorities; If issued by foreign authorities, they must be recognized by Vietnamese authorities as guided by the Minister of Construction;

dd) Documents proving qualification standards set out in the Law on Education, Law on Higher Education, Law on Vocational Education for experts working in education and training. Experts working in foreign language or IT centers must comply with organizational and operational regulations of those centers;

e) Documents proving the status as an expert working in other specific occupations and jobs as guided by the Minister or heads of relevant ministerial agencies.

4. The document proving the foreign worker’s status as a technical worker specified in clause 4 of Article 3 hereof is one of the followings:

a) Diploma/degree, certificate, or certification proving at least 1 year of training and written confirmation from the foreign employer on years of technical work experience.

If the foreign worker has already worked in Vietnam, the work permit or confirmation of exemption from work permit requirement previously granted may be used instead of documents proving years of experience in the relevant field for the intended position in Vietnam;

b) Written confirmation from the foreign employer on the years of technical work experience.

If the foreign worker has already worked in Vietnam, the work permit or confirmation of exemption from work permit requirement previously granted may be used instead of documents proving years of experience in the relevant field for the intended position in Vietnam.

Article 20. Applications for issuance of work permits for foreign workers that have been granted a work permit

1. If a foreign worker who has an unexpired work permit wishes to work for another employer for in the same work position and field, another work permit must be applied for. The application for issuing work permit includes:

a) Confirmation from the foreign employer stating that the foreign worker is currently employed;

b) Documents prescribed in Clauses 1, 3, 5, and 6 of Article 18 hereof;

c) A copy of the previously issued work permit;

d) Documents proving the foreign worker’s status as a manager or CEO

2. If a foreign worker has an unexpired work permit and wishes to change their job position or working form recorded in the permit without changing the employer, a new work permit must be applied for. The application for issuing work permit includes:

a) Documents prescribed in Clauses 1, 3, and 5 of Article 18 hereof;

b) Documents proving the job position as prescribed in Article 19 hereof for the case of changing job position;

c) Documents proving the working form as prescribed in Clause 6 of Article 18 hereof for the case of changing working form;

d) A copy of the previously issued work permit;

3. If a foreign worker whose work permit has been renewed once wishes to continue working for the same employer in the same job position and field, a new work permit must be applied for. The application for issuing work permit includes:

a) Documents prescribed in Clauses 1, 2, 3, 5 and 6 of Article 18 hereof;

b) A copy of the previously issued work permit;

c) Documents proving the foreign worker’s status as a manager or CEO.

1. The validity period of work permits, confirmations of exemption from work permit requirement shall be the same as that of one of the following documents but not exceed 02 years:

a) The validity period of the employment contract to be signed;

b) The validity period stated in the document from the foreign party on sending the foreign worker to work in Vietnam;

c) The validity period of the contract or agreement signed between Vietnamese and foreign partners, or between Vietnamese partners;

d) The validity period of the of the service contract or agreement signed between Vietnamese and foreign partners;

dd) The validity period stated in the document from the service provider on sending the foreign worker to Vietnam for service negotiation;

e) The validity period specified in the business license, establishment license, or operation license of the agency, organization, or enterprise;

g) The validity period stated in the document from the service provider on sending the foreign worker to Vietnam to establish the commercial presence of that service provider;

h) The validity period stated in the document proving that the foreign worker participates in the operations of a foreign enterprise that has established a commercial presence in Vietnam;

i) The validity period stated in the document from the foreign party on sending the foreign worker according to international agreements or treaties to which the Socialist Republic of Vietnam is a signatory;

k) The validity period stated in the document from the foreign party on sending the foreign worker according to international agreements signed by central or provincial agencies or organizations.

2. The validity period of confirmations of exemption from work permit requirement for the cases prescribed in Clauses 14 and 15 of Article 7 hereof shall be the period confirmed by ministries, ministerial agencies, or provincial People's Committees, but not exceeding 02 years.

1. Within 60 days and no less than 10 days prior to the date the foreign worker is expected to start working, the employer shall submit an application for the issuance of work permit in person, by post, via a service provided by an enterprise or individual, or via authorized representatives to the Public Administration Service Center in the local area where the foreign worker is expected to work.

2. The local Public Administration Service Center shall forward the application in accordance with laws on administrative procedures under the single-window and Interlinked single-window mechanisms at the single-window section and National Public Service Portal to the competent authority for issuing work permit.

3. Within 10 working days from the date receiving a complete application for issuing a work permit, the competent authority shall review and approve the application and issue the work permit for the foreign worker using Form No. 04 in the Appendix attached hereto.

In case of refusal, the authority must respond in writing, clearly stating the reasons within 3 working days from the date receiving the complete application.

4. For foreign workers as prescribed in points a and m of Clause 1 of Article 2 hereof, after being granted a work permit, the employer and the foreign worker must sign an employment contract in accordance with Vietnamese labor law before the expected start date of work. Upon request, the employer must send a copy of the signed employment contract to the competent authority that issued the work permit.

5. If a foreign worker has already been issued a work permit and wishes to work for the same employer in multiple provinces or centrally affiliated cities, the employer must inform the competent authority in the province or city where the foreign worker is expected to work at least 3 days prior to the expected start date the following information: full name, age, date of birth, nationality, passport number, number of confirmation of exemption from work permit requirement, the name of the foreign employer, and start date and end date of work (which must not exceed the validity period of the granted work permit).

1. Unexpired work permits that are lost or damaged and unusable.

2. Changes in one of the contents of the unexpired work permit: full name, nationality, passport number, place of work, or change of the employer’s name without changing the employer’s identification number.

1. Application form for reissuing work permit of the employer using Form No. 03 attached hereto.

2. 02 color photos (size 4 cm x 6 cm, white background, facing forward, head uncovered, and no glasses).

3. Documents proving the changes in content specified in Clause 2 of Article 23 hereof.

4. The unexpired work permit, except in cases of loss as specified in Clause 1 of Article 23 hereof.

1. The employer shall submit an application for the reissuance of the work permit in person, by post, via a service provided by an enterprise or individual, or via an authorized representative to the Public Administration Service Center in the province or city where the foreign worker is currently working.

2. The local Public Administration Service Center shall forward the application in accordance with laws on administrative procedures under the single-window and Interlinked single-window mechanisms at the single-window section and National Public Service Portal to the competent authority for reissuing work permit.

3. Within 03 working days from the date receiving a complete application for reissuing the work permit, the competent authority shall reissue the work permit for the foreign worker.

In case of refusal, the competent authority must provide a written response clearly stating the reasons.

The validity period of the reissued work permit shall be equal to the remaining validity period of the previously issued work permit after deducting the time the foreign worker has already worked when the application for reissuance is submitted.

1. A written document from the employer reporting and explaining the demand for foreign labor and applying for the renewal of a work permit according to Form No. 03 in the Appendix attached hereto.

2. Medical examination report issued by a qualified medical establishment, except for cases where the medical examination results have been connected and shared on the Information System for management of medical examination and treatment or the national health database. Medical examination reports issued by competent foreign medical establishments may be used if Vietnam and the country or territory issuing such reports are signatory of the same mutual recognition agreements or treaties, and have the validity period not exceeding 12 months from the date of issuance.

3. 02 color photos (size 4 cm x 6 cm, white background, facing forward, head uncovered, and no glasses).

4. Unexpired work permit.

5. Unexpired passport.

6. The document proving the foreign worker’s working form, except for the case specified in regulations in point a of Clause 1 of Article 2 hereof, which is of the following documents:

a) One of the documents specified in points b, d, dd, and e of Clause 6 of Article 18 hereof;

b) A document from the foreign employer on sending the foreign worker to work for a definite time at a commercial presence in the territory of Vietnam for the case prescribed at point b of Clause 1 of Article 2 hereof;

c) A service provision contract signed between Vietnamese and foreign partners for cases specified in point d of Clause 1 of Article 2 hereof;

1. At least 10 days but no more than 45 days before the expiration of the work permit, the employer shall submit an application for the renewal of the work permit in person, by post, via a service provided by an enterprise or individual, or via an authorized representative to the Public Administration Service Center in the province or city where the foreign worker is currently working.

2. The local Public Administration Service Center shall forward the application in accordance with laws on administrative procedures under the single-window and Interlinked single-window mechanisms at the single-window section and National Public Service Portal to the competent authority for renewing work permit.

3. Within 10 working days from the date receiving a complete application for renewal of the work permit, the competent authority shall review and approve the application and renew the work permit for the foreign worker.

In case of refusal, the authority must respond in writing, clearly stating the reasons.

4. For foreign workers as prescribed in points a and m of Clause 1 of Article 2 hereof, after having his/her work permit renewed, the employer and the foreign worker must sign an employment contract in accordance with Vietnamese labor law before the expected date of resumption of employment.

Upon request, the employer must send a copy of the signed employment contract to the competent authority that issued the work permit.

The validity period of work permits that are renewed shall be the same as that of one of the documents specified in Article 21 hereof but not exceed 02 years for each renewal.

1. The work permit expires as prescribed in Clauses 2, 3, 4, 5, 6, and 7 of Article 156 of the Labor Code.

2. The employer or the foreign worker does not comply with the regulations on issuance, reissuance, or renewal of the work permit.

3. The foreign worker, during the working period in Vietnam, violates Vietnamese laws and face criminal charge or criminal prosecution.

1. In the case prescribed in Clause 1 of Article 30 hereof, within 15 days from the date the work permit expires, the employer shall revoke it and submit it to the competent authority that issued such permit, together with a written report on the revocation. If the work permit cannot be revoked, the employer must clearly state the reason.

2. In the cases prescribed in Clauses 2 and 3 of Article 30 hereof, the competent authority that issued the work permit shall issue a decision to revoke the work permit, send a notification to the employer requesting the return of the work permit, and inform the Immigration Department (Ministry of Public Security) for cooperation in management.

1. The foreign worker works in a manner that does not comply with the content stated in the confirmation of exemption from work permit requirement that has been granted.

2. The foreign employer issues a written notice stating that the foreign worker will no longer work in Vietnam.

3. Termination of operations of the employer in Vietnam or foreign country.

4. The employer or foreign worker does not comply with the regulations on issuance, reissuance, or renewal of the confirmation of exemption from work permit requirement as prescribed herein.

5. The foreign worker, during the working period in Vietnam, violates Vietnamese laws and face criminal charge or criminal prosecution.

1. In the case prescribed in Clause 1, 2 and 3 of Article 32 hereof, within 15 days from the date the confirmation of exemption from work permit requirement expires, the employer shall revoke it and submit it to the competent authority that issued such confirmation, together with a written report on the revocation. If the confirmation cannot be revoked, the employer must clearly state the reason.

2. In the cases prescribed in Clauses 4 and 5 of Article 32 hereof, the competent authority that issued the confirmation of exemption from work permit requirement shall issue a decision to revoke such confirmation, send a notification to the employer requesting the return of the confirmation, and inform the Immigration Department (Ministry of Public Security) for cooperation in management.

1. Confirmations of exemption from work permit requirement and work permits that have been issued, reissued, or renewed under the regulations in Decree No. 152/2020/ND-CP, which is amended by Decree No. 70/2023/ND-CP, may continue to be used until their expiration and may be issued, reissued, or renewed in accordance herewith.

2. Applications for issuance, reissuance, renewal, or revocation of work permit and confirmation of exemption from work permit requirement that are submitted before the effective date of this Decree shall continue to be processed in accordance with Decree No. 152/2020/ND-CP, which is amended by Decree No. 70/2023/ND-CP.

3. Confirmations of exemption from work permit requirement that have been issued, reissued, or renewed for working forms classified as “working as managers, CEOs, experts, technical workers” or “working for foreign non-governmental organizations or international organizations in Vietnam permitted to operate under Vietnamese law,” as prescribed in Decree No. 152/2020/ND-CP, which is amended by Decree No. 70/2023/ND-CP, may continue to be used until their expiration and may be reissued or renewed under the working forms prescribed at point h of Clause 1 of Article 2 hereof.

4. Work permits and confirmations of exemption from work permit requirement issued under the regulations of Decree No. 152/2020/ND-CP, which is amended by Decree No. 70/2023/ND-CP, which are subject to revocation in accordance with Articles 30 and 32 hereof, shall be revoked by the competent authorities in the provinces or cities that issued them where the employers’ headquarters are located.

5. Confirmations of exemption from work permit requirement and work permits that have been issued, reissued, or renewed under the regulations in Decree No.128/2025/ND-CP may continue to be used until their expiration and may be issued, reissued, or renewed in accordance herewith. Applications for issuance, re-issuance, renewal, or revocation of work permit and confirmation of exemption from work permit requirement in accordance with Decree No. 128/2025/ND-CP that are submitted before the effective date of this Decree shall continue to be processed in accordance with Decree No. 128/2025/ND-CP.

1. This Decree comes into force from August 7, 2025.

2. The regulations regarding foreign workers working in Vietnam as stipulated in Government Decree No. 152/2020/ND-CP dated December 30, 2020, on foreign workers working in Vietnam and the recruitment and management of Vietnamese workers working for foreign organizations and individuals in Vietnam, which is amended by Government Decree No. 70/2023/ND-CP dated September 18, 2023, shall expire as of the effective date of this Decree.

3. Article 8 and Section 2 of Appendix II attached to the Government’s Decree No. 128/2025/ND-CP dated June 11, 2025, on delegation and devolvement of powers in state management in home affairs shall expire as of the effective date of this Decree.

1. Responsibilities of the Ministry of Home Affairs

a) Take charge and cooperate with the Ministry of Public Security and relevant agencies and organizations in build and manage a unified database of foreign workers working in Vietnam from central to local levels, and connecting and exchanging data with the national immigration database and other relevant databases;

b) Implement unified state management of recruitment and management of foreign workers working in Vietnam from central to local levels;

c) Take charge and coordinate with ministries and ministerial agencies in annually or unexpectedly supervising, assessing, and conducting specialized inspection of agencies, organizations, enterprises, and individuals related to the implementation of laws on foreign workers working in Vietnam;

d) Send a consolidated report on difficulties and obstacles encountered during implementation and proposals and recommendations for them to competent authorities.

2. Responsibilities of the Ministry of National Defense

a) Cooperate with competent authorities in managing foreign workers and implementing regulations of laws on security, social safety and order in border and checkpoint areas, islands, strategic, key, defense-critical regions;

b) Direct the Border Guards to cooperate with functional forces in managing and inspecting foreign workers working in border and checkpoint areas, islands, and maritime areas in order to firmly protect territorial sovereignty, security, national borders of the Fatherland.

3. Responsibilities of the Ministry of Public Security

a) Cooperate with competent authorities in enforcing foreign workers working for employers to implement laws on ensuring security, order, and social safety;

b) Provide guidance on the issuance of criminal record certificates from competent authorities receiving application for issuance of work permit to the Ministry of Public Security or provincial police authorities where the foreign worker registers permanent or temporary residence.

4. Responsibilities of the Ministry of Industry and Trade

Provide guidance on the determination of foreign workers transferring within enterprises in the scope of 11 sectors in the schedule of commitments in services between Vietnam and WTO.

5. Responsibilities of the Ministry of Culture, Sports, and Tourism

Provide guidance on certificates of high achievements, qualifications, or experience in culture and sports for artists, coaches, athletes;

6. Responsibilities of the Ministry of Education and Training

Provide guidance on recognition of diplomas/degrees and certificates meeting teaching qualification standards in the education and training.

7. Responsibilities of Ministries and Ministerial agencies

Provide guidance on certain occupations and jobs managed by ministries or ministerial agencies in finance, science, technology, innovation, national digital transformation, or priority socio-economic development sectors.

8. Responsibilities of Provincial People's Committees

a) Enforce and provide guidance to employers in the province to comply with laws on foreign workers working in Vietnam; Determine priority socio-economic development sectors in the province;

b) Disseminate and popularize laws; inspect, supervise, and handle violations related to recruitment and management of foreign workers in the province in accordance with law;

c) Send periodic report before December 15 each year or ad hoc reports to the Ministry of Home Affairs on the situation of foreign workers in the province.

9. Ministers, Heads of ministerial agencies, Presidents of Provincial People's Committees, and relevant agencies, organizations and individuals are responsible for implementing this Decree.