Foreign employee labor law vietnam 2026

This article was compiled by Faro Vietnam with an academic, legal, and practical advisory focus. The goal is to provide the most comprehensive information on work permits from 2026 according to Decree 219/2025, supporting businesses and international workers in complying with Vietnamese work permit compliance requirements.

1. Legal Basis for Work Permits for Foreigners in Vietnam

A work permit in Vietnam is a legal document issued by the state to foreigners, allowing them to work legally in Vietnam for a specified period. It is a prerequisite for applying for a work visa and temporary residence permit (TRC), complying with the 2019 Labor Code and Decree 219/2025/ND-CP, which details the position, duration (maximum 2 years), and requirements for working according to the granted content; otherwise, penalties and deportation will be imposed.

2. What is a Work Permit?

A Work Permit is a legal document issued by a competent state agency to foreign workers, allowing them to work legally in Vietnam in a defined position, for a specified period, and within a specified scope. This is a mandatory requirement for most foreigners working in Vietnam, except for cases exempted from Work Permit requirements under the employment contract rules for foreigners.

The Work Permit serves to ensure:

• Foreigners work for the approved purpose and in the correct position.
• Businesses employing foreign workers follow legal procedures and operate within permitted limits.
• It serves as the basis for obtaining a work visa (LĐ) and a temporary residence permit (TRC) for the purpose of working and residing long-term in Vietnam.

Important Note:

A Work Permit is not a visa. However, without a Work Permit, it is not possible to apply for a work visa or temporary residence card for workers, except in cases where an exemption is granted under Decree 219/2025/ND-CP.
 

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3. Work Permit Issuance Process for Foreigners

According to Article 22 of Decree 219/2025/ND-CP, the process for issuing work permits to foreigners working in Vietnam from 2026 onwards will be standardized and digitized, primarily implemented through the National Public Service Portal, and will also link data between the work permit issuing agency and the police agency issuing criminal record certificates.

The processing time for applications will be shortened and standardized, not exceeding 10 working days from the date of receipt of complete and valid documents.

The compliance risks hiring expatriates process consists of four mandatory steps, following this legal sequence:

• Explanation of the need to employ foreign workers
• Submission of the work permit application
• Assessment and approval of the application
• Issuance of the work permit and electronic delivery of the results

Each step has specific timelines and legal responsibilities for the employing enterprise.

4. Businesses often encounter the following common risks:

Decree 219/2025/ND-CP establishes a new legal system for foreign workforce advisory vietnam, with stricter regulations, clearer decentralization, and more comprehensive digitalization compared to previous regulations. This is a significant step forward in labor market governance, while also placing higher compliance demands on businesses, especially those with foreign direct investment (FDI).

Through our consulting and practical implementation experience, Faro Vietnam has observed that businesses often encounter the following commo n risks:

• Incorrectly identifying job positions within the four permitted recruitment groups
• Experience and expertise documents that do not match the position for which a work permit is requested
• Confusion between work permit exemption, requesting an exemption confirmation certificate, and the obligation to notify within 3 days
• Submitting applications outside the legally stipulated deadlines of Decree 219
• Applying the wrong form of employment as per Article 2, leading to application rejection or revocation of the work permit

Vietnam Employment Law 2025: Full Guide & HR Checklist

To minimize legal risks and ensure foreign employee labor law vietnam 2026, we recommend that businesses:

• Prepare documents at least 30–45 days before the expected start date
• Thoroughly verify the legal eligibility of employees before signing contracts
• Follow the correct and complete electronic procedures on the National Public Service Portal
• Proactively standardize documents from the outset instead of processing them later • Passive response when requested to provide additional information
• Consult with specialized legal units to ensure accuracy and consistency of documents

As the Vietnam Immigration and Visa Service Center, Faro Vietnam provides comprehensive legal services related to foreign labor, including:

• Consulting on conditions and document structure according to Decree 219/2025/ND-CP
• Explaining the need to employ foreign workers to competent authorities
• Carrying out procedures for applying for Work Permits (new issuance – renewal – re-issuance)
• Obtaining Certificates of Exemption from Work Permit Requirements
• Carrying out procedures for Work Visas (LD) and Temporary Residence Cards (TRC)

We partner with businesses in complying with Vietnamese foreign labor quota regulations, minimizing administrative risks, and optimizing the process of employing foreign workers in an efficient, sustainable, and compliant manner.

Faro Vietnam

• Email: service@farovietnam.com.vn

HANOI HEAD OFFICE

• Tel: + 84 24 3974 3091

HO CHI MINH CITY OFFICE

• Tel: + 84 28 3821 4654

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