Guide to obtaining a new work permit under the latest 2025 regulations
The 2025 regime introduces a revised procedure for issuing work permits ("WPs") to foreign workers in Viet Nam. This Article is designed as a practical guide for foreign workers and Vietnamese employers who need to apply for a **new work permit** – that is, not an extension or re‑issuance, but a fresh permit.
I. WHEN IS A NEW WORK PERMIT REQUIRED?
A foreign worker will generally need a **new** work permit in the following circumstances:
1. First‑time employment in Viet Nam
The worker has never previously held a Vietnamese work permit and will work under a labour contract, internal transfer, service contract or other recognised form.
2. Change of employer or fundamental change of position
The worker has an existing work permit, but:
- The employer will change (for example, moving to another company or legal entity); or
- The position, job title, or form of work will change substantially in a way that is not eligible for a simple extension or re‑issuance.
3. Previously exempt, now requiring a work permit
The worker was previously exempt from work‑permit requirements (for example, under short‑term expert rules), but circumstances have changed so that the exemption no longer applies. In such cases, a full application for a new work permit is necessary.
II. SUBSTANTIVE CONDITIONS FOR ISSUANCE OF A NEW WORK PERMIT
1. Conditions relating to the foreign worker
The foreign worker must:
- Be at least 18 years of age and have full civil act capacity;
- Possess the education, professional qualifications and practical experience appropriate for the intended position (expert, manager, executive, technical worker, etc.);
- Be medically fit according to Vietnamese health standards, as evidenced by a recognised medical examination;
- Have no unspent criminal convictions or ongoing criminal proceedings in Viet Nam or abroad, as shown by criminal record certificates;
- Hold a passport with sufficient remaining validity, ideally covering the full intended term of the work permit.
2. Conditions relating to the Vietnamese employer
The employer must:
- Be duly established and operating in accordance with Vietnamese law (enterprise registration, investment registration, operating licence, etc.);
- Demonstrate a genuine need to employ a foreign worker for the relevant position – that is, the position cannot yet be filled by a Vietnamese worker under reasonable conditions;
- Properly complete the combined form for labour demand and work‑permit request (often referred to as the standard form prescribed under Decree 219); and
- Comply with reporting obligations concerning the use of foreign labour.
III. DOSSIER CHECKLIST FOR A NEW WORK PERMIT
The dossier is prepared jointly by the foreign worker and the employer, and commonly includes the following documents.
1. Documents provided by the foreign worker
- A certified copy of the passport (all relevant pages);
- Two or more recent colour photographs (typically 4x6 cm, white background, bareheaded, no tinted glasses);
- A medical certificate issued within the permitted timeframe by an authorised medical institution in Viet Nam or, in some cases, abroad (if legalised and translated);
- A criminal record certificate issued by:
+ The competent foreign authority, if the worker has not yet resided in Viet Nam for long; and/or
+ The Vietnamese authority, if the worker has already resided in Viet Nam for a certain period;
- Evidence of qualifications:
+ Degrees, diplomas, professional certificates; and
+ Employment references or letters certifying years of relevant experience;
- Other documents as required for specific categories (e.g. intra‑company transfer decisions, appointment letters, investor documentation).
Important notes:
- Documents issued abroad usually must be **legalised** (unless exempted under international treaties) and **translated into Vietnamese** with certified translations.
- Names, dates of birth, passport numbers and other personal particulars must be consistent across all documents.
2. Documents provided by the employer
- The combined request form for demand justification and work‑permit issuance in the prescribed template;
- A certified copy of the enterprise registration certificate, investment registration certificate or equivalent licence;
- Draft labour contract or decision/letter confirming the position, salary, duties and work location;
- Any internal explanations or supporting documents proving the necessity of a foreign worker for the position.
IV. PROCEDURE FOR OBTAINING A NEW WORK PERMIT
The procedure can be divided into five basic steps.
Step 1 – Classify the worker and the form of employment
The employer first determines whether the worker is classified as an expert, manager, executive or technical worker, and whether the work is under a labour contract, intra‑company transfer, service contract, etc. This classification dictates the required evidence.
Step 2 – Prepare, legalise and translate documents
The worker prepares all personal documents in the home country; these are then legalised by the relevant authorities (if required) and translated into Vietnamese with certification. The employer cross‑checks all details and consistency.
Step 3 – Complete the standard form and submit the dossier
The employer completes the standard combined form and attaches all required documents. The dossier is filed with the competent authority at provincial level in the locality where the foreign worker will work, either:
- Directly at the one‑stop service centre;
- Via postal service; or
- Online through the e‑government portal, where available.
Step 4 – Follow up on processing
The competent authority examines the dossier. Within the statutory timeframe (often 10 working days from receipt of a complete and valid dossier), the authority will:
- Approve the demand for foreign labour and issue a work permit; or
- Refuse to issue a work permit and issue a written notice stating the reasons.
Step 5 – Receive the work permit and implement post‑issuance steps
Once the work permit is granted:
- The employer receives the original permit;
- For labour‑contract cases, the employer and worker must sign a written labour contract in accordance with Vietnamese labour law; and
- The worker may then proceed with immigration procedures such as obtaining a visa or temporary residence card (TRC) aligned with the purpose of work.
V. PRACTICAL PITFALLS TO AVOID
1. Late planning
Leaving the dossier preparation to the last minute leads to situations where the worker arrives in Viet Nam but cannot lawfully commence work due to lack of a work permit. It is advisable to start preparations at least 30–45 days before the intended start date.
2. Inconsistent personal details
Mismatched names, dates of birth or passport numbers across documents are a common cause of delays and requests for clarification. Any historical changes (e.g. name changes, nationality changes, new passports) should be properly documented and explained.
3. Overlooking legalisation and translation requirements
Failure to properly legalise and translate foreign documents can result in the dossier being rejected as invalid. Employers should pay particular attention to the specific rules of the receiving authority.
VI. SUMMARY CHECKLIST FOR EMPLOYERS
Before filing, employers should ask themselves:
- Have we correctly identified that this is a **new** work‑permit case, not an extension or re‑issuance?
- Have all foreign documents been legalised and translated as required?
- Is the combined request form fully and consistently filled in?
- Are we respecting the recommended timeline (ideally at least 30 days before the intended work start date)?
- Have we prepared the next steps (labour contract, visa and TRC applications) once the permit is issued?