Work Permit and Temporary Residence Card in Vietnam for Foreign Employees
Foreign investors, foreign-owned companies and international employers often need to send managers, specialists, technical workers or executives to Vietnam. However, foreign employees generally cannot simply enter Vietnam on a business visa and start working. In most cases, a foreign employee who works in Vietnam must have a valid work permit or work permit exemption, together with the appropriate visa and temporary residence card where applicable.
1. Why work permit compliance matters in Vietnam
Work permit compliance is a core requirement for foreign employees working in Vietnam. If a foreign employee works without proper authorization, both the employee and the sponsoring company may face legal risks.
Possible risks include:
- Administrative penalties for the employer and the employee;
- Difficulty obtaining or renewing visas;
- Inability to apply for a temporary residence card;
- Business disruption and operational delays;
- Employment contract issues;
- Problems during government inspections;
- Reputational risks for the company;
- Immigration consequences for the foreign employee.
Key principle: Foreign employers should plan work permits before the foreign employee starts working in Vietnam. Starting work without proper authorization is one of the most common — and avoidable — compliance risks.
2. Who needs a work permit in Vietnam?
In general, a foreign national working in Vietnam needs a work permit unless an exemption applies. The sponsoring entity in Vietnam is responsible for handling work permit procedures.
Foreign employees who commonly need work permits include:
- Managers;
- Executive directors;
- Specialists;
- Technical workers;
- Foreign experts;
- Foreign employees locally hired by a Vietnam entity;
- Intra-company transferees;
- Foreign employees working on Vietnam-based projects.
3. Main categories of foreign employees
Foreign employees usually fall into one of the following categories. The exact document requirements depend on the category — foreign employers should classify the position correctly before preparing documents.
Manager
A person managing an enterprise or holding a management position. Examples: General Director, Director, Chief Representative, Head of Department, Senior Management.
Executive Director
A person who directly manages a unit or operation under the company. The exact scope depends on the company structure and applicable regulations.
Specialist
Generally expected to have relevant qualifications and professional experience suitable for the specific position and sector.
Technical Worker
Generally expected to have technical training or professional experience relevant to the role. Document requirements differ from specialists and managers.
4. Local hire vs intra-company transfer
Foreign employees may work in Vietnam under different employment arrangements. Choosing the wrong category may delay the application or create compliance issues.
Local Hire
Employed directly by the Vietnam entity
- The Vietnam company sponsors the work permit;
- The employee signs a local employment contract;
- Labor contract term should align with the work permit;
- Payroll, tax and insurance issues should be reviewed.
Intra-Company Transfer
Transferred from the overseas entity to Vietnam
- Employee remains connected to the overseas employer;
- Evidence of prior employment may be required;
- The Vietnam entity sponsors the work authorization;
- Position and sector should be reviewed carefully.
5. Work permit exemption in Vietnam
Some foreign nationals may be exempt from the work permit requirement. Common exemption scenarios may include:
- Certain short-term work cases;
- Owners or capital-contributing members of limited liability companies meeting legal conditions;
- Members of the board of directors of joint stock companies meeting legal conditions;
- Foreign nationals married to Vietnamese citizens and residing in Vietnam;
- Certain intra-company transferees;
- Other exemption cases under applicable regulations.
Important: Even where a foreign employee is exempt from obtaining a work permit, the sponsoring entity may still need to obtain a work permit exemption certificate or submit a notification depending on the case. Employers should not assume that an exemption applies automatically without legal review.
6. What is a temporary residence card in Vietnam?
A temporary residence card (TRC) allows a foreign national to reside in Vietnam for a specified period and may function as a multiple-entry residence document.
A TRC may be available to foreign nationals who have:
- A valid work permit;
- A valid work permit exemption certificate;
- Investor status;
- Other eligible legal status;
- Eligible dependent relationship with the principal applicant.
The TRC duration usually depends on the underlying document, such as the work permit, exemption certificate, investment status, passport validity or other legal basis.
7. Work permit, visa and TRC: how they work together
Foreign employees should understand the typical sequence of immigration steps. In many cases:
- The Vietnam entity prepares the work permit or work permit exemption;
- The employee applies for or enters Vietnam using the correct visa type;
- After entry, the employee may apply for a temporary residence card if eligible.
The visa purpose should match the actual purpose of entry and stay. A foreign employee entering Vietnam under an incorrect visa type may face difficulty when applying for a TRC or completing other immigration procedures.
8. Key steps for work permit application
Review the position
Confirm whether the position qualifies as manager, executive director, specialist or technical worker. The correct classification determines the document requirements and application process.
Check whether exemption applies
Review whether the foreign national may be exempt from work permit requirements. If an exemption applies, determine whether a work permit exemption certificate is still required.
Prepare demand for foreign labor
The Vietnam sponsoring entity may need to submit an explanation of the demand to use foreign employees to the competent authority before filing the work permit application.
Publish recruitment notice if required
For certain cases, recruitment information may need to be published or confirmed before filing the demand and work permit application.
Prepare application documents
Collect, legalize, translate and prepare all required documents. Foreign-issued documents typically need legalization and Vietnamese translation. This step often takes longer than expected and should be started early.
Submit application to competent authority
The sponsoring entity submits the completed work permit application dossier to the competent authority. The authority may request additional documents or explanations during review.
Receive work permit or written response
If approved, the work permit is issued. If rejected, the authority may provide written reasons. The employer should review the issued work permit carefully to confirm all information is accurate.
Complete visa and TRC steps
After work authorization is in place, the employer and employee proceed with the appropriate visa and temporary residence card steps. The visa type should match the work authorization obtained.
9. Documents commonly required for work permit application
The required documents depend on the category and case, but may include:
Employee documents
- Application form
- Passport copy
- Health certificate
- Criminal record / police clearance
- Degree or professional certificate
- Experience confirmation
- Photos
Position documents
- Appointment decision
- Employment contract or assignment letter
- Approval / explanation of demand for foreign labor
- Power of attorney
Company documents
- Business registration documents of the sponsoring entity
- IRC / ERC copies if applicable
- Legalized and translated foreign documents
Foreign documents — including degrees, experience letters and police clearances — usually need to be legalized and translated into Vietnamese before submission. Document preparation often takes longer than expected and should begin well in advance.
10. Documents for temporary residence card application
Documents for a TRC application may include:
Principal applicant
- Passport
- Valid visa or entry document
- Work permit or exemption certificate
- Application forms
- Sponsoring entity documents
- Photos
- Proof of temporary residence registration
Dependents (spouse / children)
- Passports
- Valid visa or entry documents
- Marriage certificate (legalized)
- Birth certificates (legalized)
- Vietnamese translations of family documents
- Application forms
- Photos
A TRC is usually granted only after the foreign national enters Vietnam using the correct visa and satisfies the applicable conditions.
11. Timeline considerations
The timeline depends on the completeness of documents, legalization, translation, authority review and the specific case. Foreign employers should plan early because:
- Foreign documents may need legalization, which takes time;
- Health checks and criminal records may require several weeks;
- Recruitment or demand procedures may be required before filing;
- Authority review may require explanations or supplemental documents;
- Visa and TRC procedures follow separate steps after work permit issuance.
As a practical matter, employers should begin preparing at least several weeks before the expected start date. In more complex cases — where in-principle approval, legalization of multiple foreign documents or unusual categories are involved — preparation may take significantly longer.
12. Common mistakes in work permit and TRC applications
13. Work permit and employment contract alignment
For a local hire, the labor contract should be consistent with the work permit. A foreign employee’s labor contract should not be treated separately from immigration compliance.
Employers should check:
- Job title in contract matches work permit;
- Workplace location is consistent;
- Contract term does not exceed work permit validity;
- Salary and benefits are correctly structured;
- Reporting line and duties match the registered position;
- Renewal timeline is tracked before work permit expiry;
- Termination consequences if the work permit expires or is not renewed.
14. Work permit, tax and insurance issues
Foreign employees may trigger payroll, personal income tax and insurance compliance issues. Employers should coordinate HR, legal, payroll, accounting, tax advisors and immigration advisors to address:
- Local salary payment and overseas salary component;
- Personal income tax obligations in Vietnam;
- Social insurance where applicable to foreign employees;
- Benefits and allowances and their tax treatment;
- Housing and relocation support;
- Tax equalization arrangements;
- Dependent registration for tax purposes;
- Final tax settlement upon departure.
15. Work permit renewal and new application
A work permit usually has a limited term. Employers should track expiry dates carefully. Key issues include:
- Whether extension is available or a new work permit must be applied for;
- Whether the job title, employer or category has changed;
- Whether the passport remains valid for the renewal period;
- Whether supporting documents need to be updated;
- Whether the TRC must be renewed accordingly after the work permit is renewed.
A compliance calendar is highly recommended for companies employing foreign staff. Tracking work permit expiry dates, TRC renewal deadlines and visa validity prevents last-minute disruptions.
16. Practical checklist for foreign employers
Before hiring or assigning a foreign employee to work in Vietnam, employers should check:
- Is the person actually working in Vietnam?
- Is a work permit required for this role?
- Does an exemption apply — and is a certificate still needed?
- Which category fits the role: manager, specialist, or technical worker?
- Is the Vietnam entity eligible to sponsor the work permit?
- Are all required documents available and legalizable?
- Is the job title consistent across all documents?
- Is the employment contract aligned with work permit duration?
- Is the correct visa type planned for entry?
- Is the employee eligible for a TRC after entry?
- Are dependent family members included in planning?
- Are tax and payroll issues reviewed for the foreign employee?
- Is there a renewal calendar to track expiry dates?
17. How First Counsel Law Firm can assist
First Counsel Law Firm supports foreign employers, foreign employees and foreign-invested companies with work permit, visa and temporary residence card issues in Vietnam. We provide practical, Vietnam-specific advice to help employers plan immigration compliance from the start.
- Work permit requirement assessment
- Work permit exemption review
- Classification of foreign employee position
- Review of employment structure
- Preparation of work permit dossier
- Preparation of work permit exemption dossier
- Advice on labor visa and TRC process
- Review of labor contracts for foreign employees
- Legalization and translation coordination
- Advice on dependent TRC documents
- Renewal and compliance calendar setup
- Legal retainer services for FDI companies employing foreign staff
18. Frequently Asked Questions
Does every foreign employee need a work permit in Vietnam?
In general, a foreign employee working in Vietnam needs a work permit unless an exemption applies under applicable regulations. Employers should conduct a legal review before assuming an exemption applies.
Can a foreigner work in Vietnam on a business visa?
A business visa does not automatically permit a foreign national to work in Vietnam. Work authorization — through a work permit or work permit exemption — should be reviewed and obtained separately before the employee starts work.
Who sponsors a work permit in Vietnam?
The sponsoring entity in Vietnam — usually the company employing or assigning the foreign employee — sponsors the work permit or work permit exemption application and is responsible for the compliance process.
What is a work permit exemption in Vietnam?
A work permit exemption means the foreign national is not required to obtain a work permit in certain cases. However, a work permit exemption certificate or reporting procedure may still be required. Employers should not assume an exemption applies without legal review.
How long is a work permit valid in Vietnam?
A work permit is generally valid for a limited period. Employers should track expiry dates carefully and begin the renewal or new application process well before the current work permit expires.
Can a foreign employee get a temporary residence card in Vietnam?
A foreign employee may be eligible for a temporary residence card (TRC) if they have a valid work permit or work permit exemption certificate, have entered Vietnam on the correct visa type, and satisfy applicable immigration requirements.
Can family members apply for a TRC in Vietnam?
In some cases, the legal spouse and children of the principal applicant may apply for dependent TRCs if relationship documents — including marriage certificates and birth certificates — are properly prepared, legalized and translated into Vietnamese.
What documents issued overseas need legalization for Vietnam?
Degrees, experience letters, police clearance certificates, marriage certificates, birth certificates and corporate documents typically need legalization and Vietnamese translation before submission. This process should be started early.
When should employers start the work permit process in Vietnam?
Employers should start as early as possible — ideally well before the expected start date. Foreign document legalization, health certificates, criminal record checks and authority review may each take several weeks. Complex cases may require even more lead time.
Sending foreign employees to Vietnam? Plan work authorization before they arrive.
Foreign employees should not start working in Vietnam without proper work authorization. Employers should plan work permits, work permit exemptions, visas and temporary residence cards well before assigning foreign staff to Vietnam.
First Counsel Law Firm supports foreign-invested companies and foreign employees with work permit, exemption certificate, labor visa and temporary residence card procedures in Vietnam.
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