Procedures for obtaining work permits in special cases

The issuance of work permits for foreign employees in Vietnam is governed by legal regulations to ensure strict and effective management of foreign employers. However, in certain special cases, the permit application process involves distinct procedures and dossiers compared to the standard process. This article will analyze these special cases, the relevant procedures, as well as the required dossiers as stipulated in Decree 152/2020/ND-CP. 

1. Special Cases in Work Permit Application Procedures(1) 

• Case 1: If a foreign employee (“FE”) who has been issued with a work permit which remains valid wishes to work for another employer at the same job position and job title in the work permit 

For example: Mr. J, a British, was issued a work permit to work as an expert, in the position of Technical Director at Company A, under a valid work permit. Now, he wishes to transfer to work for Company B in the same position and job title 

• Case 2: If a FE who has been issued with a work permit which remains valid wishes to work for the same employer but at another job position or job title or working form in the work permit 

For example: Ms. M, a Spanish, was granted a work permit as an expert, with the job title of Human Resources Specialist at Company C. Now, Ms. M has become the director of Company C, changing her title to manager and job position to director.  

• Case 3: If a FE who is an expert or technical worker, and has been issued a work permit and has had it extended once, wishes to continue working in the same job position and job title as stated in the work permit(2). 

For example: Mr. L, a South Korean, is a Software Engineer at Company D. He was initially issued a work permit with the job position of technical worker and the title of Software Engineer, and it was subsequently extended once. Now, he wishes to continue this work after the work permit extension expires.  

2. Procedures for obtaining Work Permits in special cases(3)  

Step 1: The employer announces the recruitment of Vietnamese employees for positions intended for foreign employees on the website of the Ho Chi Minh City Employment Service Center (http://vieclamhcm.com.vn) at least 15 days before submitting the explanation of the need to employ foreign employees  

Step 2: The employer (excluding contractors) determines the need to employ foreign workers for each job position that Vietnamese employees cannot fulfill and submits an explanation report to the Department of Internal Affairs at least 15 days before the expected date of employing foreign employees. Processing time: 10 working days.  

Example: In Ho Chi Minh City, the employer creates and applies the Ho Chi Minh City Administrative Procedure Information System – https://dichvucong.hochiminhcity.gov.vn/vi/. The result is posted on the system as an electronic document (no need to go to the One-Stop Service Department for a paper copy) after 10 working days. 

Step 3: Submit 01 set of application dossiers for a work permit in a special case to the Department of Internal Affairs at least 15 days before the foreign employees is expected to start working in Vietnam.  

Example: In Ho Chi Minh City, create and submit the application using the Ho Chi Minh City Administrative Procedure Information System – https://dichvucong.hochiminhcity.gov.vn/vi/ 

Bước 4: Within 05 working days from the date of receiving the complete application for a work permit, the Department of Internal Affairs where the foreign employees is expected to work issues the work permit to the foreign employees. 

Ví dụ: In Ho Chi Minh City, after receiving the result on the system, submit the paper application to the One-Stop Service Department of Internal Affairs (Address: 159 Pasteur, Vo Thi Sau Ward, District 3) and receive the result by postal mail. 

3. Required dossiers for work permit application in special cases(4)

(1) Clause 9, Article 9 of Decree 152/2020/ND-CP 

(2) Clause 5, Article 1 of Decree 70/2023/ND-CP 

(3) Article 11 of Decree 152/2020/ND-CP 

(4) Clause 9, Article 9 of Decree 152/2020/ND-CP, Clause 5, Article 1 of Decree 70/2023/ND-CP 

See more:

1/ Notable to obtain a work permit for legal representative who is a foreigner

2/ Conditions and procedures for issuing work permits to foreign employees

3/ Some regulations regarding the revocation of work permits for foreign employees

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