What is the validity period of a work permit in Vietnam?

What is the validity period of a work permit in Vietnam? (Internet image)

Regarding this issue, LawNet would like to answer as follows:

1. What is the validity period of a work permit in Vietnam? 

Specifically, according to Article 10 of Decree 152/2020/ND-CP, the validity period of a work permit shall coincide with any of the period/duration below but not exceeding 2 years:

- Validity period of the employment contract to be signed.

- Duration of the foreign worker’s assignment in Vietnam.

- Duration of the contract or agreement concluded between Vietnamese and foreign partners.

- Duration of the service contract or agreement concluded between Vietnamese and foreign partners.

- Duration determined in the document issued by the service provider to send the foreign worker to Vietnam to negotiate the service provision.

- Validity period in the operation license of the agency, organization or enterprise.

- Duration determined in the document issued by the service provider to send the foreign worker to Vietnam to establish a commercial presence.

- Duration stated in a document proving the foreign worker’s eligibility to participate in the operation of a foreign company that has established its commercial presence in Vietnam.

- Duration stated in the acceptance of employment of foreign worker unless a report on demand for foreign workers as specified in point b clause 1 Article 4 of Decree 152/2020/ND-CP is not required.

Thus, the validity period of a work permit is according to the term of one of the above cases but must not exceed 02 years.

2. Procedures for issuance of a work permit in Vietnam

Pursuant to Article 11 of Decree 152/2020/ND-CP stipulating the procedures for issuance of a work permit in Vietnam:

- At least 15 working days before the day on which a foreign worker starts to work, the applicant shall submit an application for work permit to the Ministry of Labor, War Invalids and Social Affairs or the Department of Labor, War Invalids and Social Affairs of the province where he/she is expected to work. The applicant is:

+ The employer, if the foreign worker moves to Vietnam for employment for the purposes specified in points a, b, e, g, I and k clause 1 Article 2 of Decree 152/2020/ND-CP;

+ The Vietnamese agency, organization or enterprise, or foreign organization or enterprise operating in Vietnam for which the foreign worker is expected to work, if the foreign worker moves to Vietnam for employment for the purposes specified in points c and d clause 1 Article 2 of Decree 152/2020/ND-CP; or

+ The foreign service offeror in Vietnam, or the person in charge of establishing a commercial presence as prescribed in points dd and h clause 1 Article 2 of Decree 152/2020/ND-CP.

- Within 5 working days after receiving a duly completed application, the Ministry of Labor, War Invalids and Social Affairs or Department of Labor, War Invalids and Social Affairs of province where the foreign worker is expected to work shall issue a work permit to the foreign worker, using Form No. 12/PLI Appendix I appended to Decree 152/2020/ND-CP.

The form of work permit shall be solely printed and issued by the Ministry of Labor, War Invalids and Social Affairs. If the application is rejected, a written explanation is required.

- For a foreign worker specified in point a clause 1 Article 2 of Decree 152/2020/ND-CP, after the foreign worker is issued with a work permit, the employer and the foreign worker must sign a written employment contract as per Vietnam’s labor law before the date on which the foreign worker is expected to work.

The employer shall send that employment contract to the competent authority that issued that work permit. The employment contract is the original or a certified true copy.

Ho Quoc Tuan

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