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Why apply for a work permit in Vietnam for foreigners?

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Work permits are usually a must-have for foreigners working in Vietnam, But Why? Why apply for a work permit in Vietnam for foreigners? Let’s find out with LSX Law firm

Legal Ground

  • Labor Code 2019
  • Decree 152/2020/ND – CP

What is a work permit?

A work permit (work permit for foreigners working in Vietnam) is a type of document foreign workers get when they meet certain conditions under the provisions of law.

Why apply for a work permit in Vietnam for foreigners?

Many workers ask the question: “Why apply for a work permit in Vietnam for foreigners?”. In essence, a work permit is a tool to manage the number of foreign workers in Vietnam. One of the conditions for accepting foreign workers in Vietnam is that they are not criminals in foreign countries and Vietnam.

Therefore, carefully reviewing the application file before approving the license also helps to protect national security and social order.

Because of the importance of controlling foreign workers, the 2012 Labor Code contains provisions regulating foreign workers in Vietnam. Accordingly, if foreign workers do not have a work permit, the government can expel them. Agencies that receive foreign workers without a work permit will be fined.

Cases where work permits are not granted in Vietnam for foreigners

Foreign workers are excused from work permits in the following cases:

  • Owners or capital contributors of limited liability companies with capital contribution values ​​according to Government regulations.
  • The Chairman of the Board of Directors or a member of the Board of Directors of a joint-stock company has the value of capital contribution as prescribed by the Government.
  • Head of representative office, project or main responsibility for activities of international organizations, foreign non-governmental organizations in Vietnam.
  • Enter Vietnam with a term of less than 3 months to make a service offering.
  • Work permits are not necessary in Vietnam for foreigners Entering Vietnam for a period of less than 3 months to handle problems; technical situations, complicated technologies that affect or threaten to affect production and business that Vietnamese experts and experts in Vietnam have to deal with. Foreign countries currently in Vietnam cannot handle it.
  • Foreign lawyers who have a license to practice law in Vietnam in accordance with the Law on Lawyers.
  • The case according to the provisions of international treaties to which the Socialist Republic of Vietnam is a contracting party.
  • Foreigners who marry Vietnamese and live in Vietnamese territory.
  • Other cases as prescribed by the Government.

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