According to Decree No. 11/2016/ND-CP, documents required to apply for Vietnam Work Permit includes:

1. Request for issuance of a work permit from the employer in accordance with regulations of the Ministry of Labor – Invalids and Social Affairs.

2. Health certificate or medical certificate issued by a competent foreign or Vietnamese health care agency or organization valid for 12 months from the date of signing to the application date.

3. Judicial record or written document confirming the foreign worker is not an offender or being prosecuted for criminal liability issued by the foreign country. If the foreign worker resides in Viet Nam, only judicial record issued Viet Nam is required.

The judicial record or written document confirming the foreign worker is not an offender or being prosecuted for criminal liability must be issued within 06 months from the issuance date to the application date.

4. Proof showing he/she as a manager, executive, expert or technician

For some occupations and jobs, proof of professional qualifications and skills of foreign workers shall be replaced by one of the following documents:

a) Certificate of recognition for artisan traditional crafts by the competent authorities of foreign countries;

b) Proof of experience of foreign football players;

c) Aircraft pilot license by the competent authorities of Viet Nam for foreign pilots;

d) Aircraft maintenance license by the competent authorities of Viet Nam for foreign workers working as aircraft maintenance.

5. 02 color photos (size 4cm x 6cm, white background, front, bareheaded, without sunglasses), taken within 06 months prior to the application date.

6. A certified copy of passport or valid papers or international travel documents in accordance with the law.

7. Documents relating to the foreign worker

a) Foreign worker stipulated under Point b, Clause 1 of Article 2 of this Decree must provide an appointment letter of the foreign enterprise assigning the foreign worker to work in the commercial presence of the foreign enterprise within the territory Viet Nam and proof of employment for the enterprise for at least 12 months prior to working in Viet Nam;

b) Foreign worker stipulated under Point c, Clause 1 of Article 2 of this Decree must provide a contract or agreement between Vietnamese and foreign partners, which must include an agreement on the foreign worker working in Viet Nam;

c) Foreign worker stipulated under Point d, Clause 1 of Article 2 of this Decree must provide a service contract between Vietnamese and foreign partners and proof of employment for the foreign enterprise which does not have a commercial presence in Viet Nam for least 02 years;

d) Foreign worker stipulated under Point dd, Clause 1 of Article 2 of this Decree must provide an appointment letter of the service provider assigning the foreign worker to come to Viet Nam to negotiate on service provision;

dd) Foreign worker stipulated under Point e, Clause 1 of Article 2 of this Decree must provide a certificate of the foreign non-governmental organization and international organization permitted to operate in accordance with Viet Nam law;

e) Foreign worker stipulated under Point h, Clause 1 of Article 2 of this Decree must provide a written appointment letter of the service provider assigning the foreign worker in Viet Nam to establish a commercial presence of the service provider;

g) Foreign worker stipulated under Point i, Clause 1 of Article 2 of this Decree engaging in activities of the foreign enterprise, which have established a commercial presence in Viet Nam, must provide proof that the foreign worker has engaged in activities of the foreign enterprise.

According to Decree No.11/2016/ND-CP, cases of foreign workers exempted from Vietnam Work Permit includes:

1. Foreign citizen working in Vietnam not subject to the grant of work permit stipulated in Labor Code:

+ As contributing member, or owners of limited liability company.

+ As a member of the Board of Directors of the Joint Stock Company

+ As a Head of Representative Office, project of international organization, non-governmental organizations in Vietnam.

+ Coming to Vietnam with a period of less than 03 months to offer services

+ Coming to Vietnam with a period of less than 03 months to handle the problem, technical situation and complex technology arising that affect or threaten to affect the production and business that the Vietnamese and foreign experts currently in Vietnam cannot be handled.

+ As a foreign lawyer who has been licensed to practice law in Vietnam under the Law on Lawyers

+ Under the provisions of international agreement in which the Socialist Republic of Vietnam is a member.

+ As students who are studying and working in Vietnam, but the employer must give a notice 07 days in advance to the provincial state management agency on labor

2. Other cases of foreign workers exempt from work permits, including:

a) Foreign workers who are internally transferred within an enterprise operating in the 11 service sectors in the list of Viet Nam’s commitments on services to the World Trade Organization, including: business, communication, construction, distribution, education , environment, finance, healthcare, tourism, cultural entertainment and transport;

b) Foreign workers entering Viet Nam to provide advisory services and technical expertise or perform other tasks serving research, construction, appraisal, monitoring and evaluation, management and implementation of programs/projects funded with official development assistance (ODA) as specified and agreed in international agreements on ODA between competent authorities of Viet Nam and other countries;

c) Foreign workers who are issued with a license for the practice of journalism in Viet Nam by the Ministry of Foreign Affairs in accordance with the law;

d) Foreign workers who are teachers of foreign organizations that are sent to Viet Nam by such organizations to teach and research in international schools under the management of foreign diplomatic missions or international organizations in Viet Nam or permitted by the Ministry of Education and Training to teach and research in Viet Nam’s education and training  institutions;

dd) Volunteers certified by foreign diplomatic missions or international organizations in Viet Nam;

e) Foreign workers coming to Viet Nam to work as experts, managers, executive directors or technical employees with a period of less than 30 days and no more than 90 cumulative days in 01 years;

g) Foreign workers entering Viet Nam to implement international agreements to which central and local state agencies are signatories  as prescribed by the law;

h) Students studying in foreign schools and institutions having agreements on internship in agencies, organizations and enterprises in Viet Nam;

i) Family members of diplomatic agents of foreign diplomatic missions in Viet Nam permitted for working by the Ministry of Foreign Affairs, except where international treaties to which the Socialist Republic of Viet Nam is a signatory that contains provisions different from this;

k) Foreign workers who have official passports to work for state agencies, social organizations and socio-political organizations;

l) Other cases decided by the Prime Minister at the proposal of the Ministry of Labor – Invalids and Social Affairs.

According to Decree no. 102/2013/ND-CP, Specialist means a foreign worker who is recognized by a foreign country as specialist or who possesses an engineer, bachelor or equivalent or higher degree and has worked for at least 5 years in his/her trained discipline.

This definition of “Expert” is changed according to Decree No.11/2016/ND-CP:

Foreign employees are deemed as specialists when they satisfy one of the following requirements:

+    When the said employee is in possession of a written document that verifies their position as a specialist of an office, organization or enterprise overseas.

+    When the said employee has a minimum of a university degree or a certificate of equivalent value, and no less than three years’ experience working in a specialized field appropriate to his or her expected position in Viet Nam. Other special cases shall be examined and decided by the Prime Minister.

According to Decree No.11/2016/ND-CP, the definitions of "Manager and Chief Executive Officer" are clear:

+ Manager position: Manager of an enterprise means a manager of a company or a manager of a private enterprise, comprising the owner of a private enterprise, an unlimited liability partner, the chairman of a members’ council, a member of a members’ council, the chairman of a company, the chairman of a board of management, a member of a board of management, a director or general director, and an individual holding another managerial position, who is authorized to enter into transactions of the company in the name of the company as stipulated in the charter of the company

+ A chief executive officer (CEO) is the leader who directly manages subordinate units of an office, organization or enterprise.

Nowadays, the proportion of unskilled foreign labors is increasing more and more. Therefore, Vietnam Government sets the stringent standards to decrease the number of unskilled foreign labors and those who do not have clear criminal record, promoting all companies in Vietnam to take advantage of Vietnamese labors. This is reason for many Vietnam Work Permit refusals. The Department of Labor, Invalids and Social Affairs or the Management Board of Industrial Zone, processing and export area where the Enterprise’s (Employer’s) head-office is located will refuse in some case such as your company employs the number of foreign labors exceed the permitted rate, the job position is not matched to your business fields or foreign labors cannot meet the professional qualifications or experience required for the position. Even the cases that employers of foreign workers violated regulations on using and managing labors will be refused.

Refusal does not mean that employers cannot apply for Vietnam Work Permit again. We need to review the reason of refusal given in the replying letter from The Department of Labor, Invalids and Social Affairs or the Management Board of Industrial Zone, processing and export area. We should follow their suggestion and give solution for each problem with application.

Each document offer the duration of 6 months, except for Health Check (valid to 12 months) thus you should take this time to prepare carefully dossiers to obtain Vietnam Work Permit timely.