Question: We are a foreign company that has established a Representative Office in Vietnam. We are currently seeking to apply for a Work Permit for a new foreign Chief Representative in order to legalize her employment in Vietnam. Please advise us on the procedure, required documents, and relevant legal requirements.
Answer:
Based on the information we have been provided, we would like to advise as follows:
The person appointed as the Chief Representative is a foreigner holding a managerial position, and therefore falls under the category of foreign workers required to obtain a Work Permit, pursuant to Point i, Clause 1, Article 2 of Decree No. 152/2020/ND-CP.
This individual is not exempt from the Work Permit requirement under Article 154 of the 2019 Labor Code and Article 7 of Decree No. 152/2020/ND-CP.
1. Application documents for Work Permit
The application dossier for a foreign national to work as the Chief Representative shall include the following:
- A written request for issuance of a work permit from the employer;
- A health certificate or medical examination report issued by a competent medical organization in Vietnam or abroad, valid within 12 months from the date of issuance to the date of submission;
- A criminal record certificate or a document certifying that the foreign worker is not currently serving a criminal sentence or under criminal investigation, issued by the competent authority of the foreign country or of Vietnam. This document must be issued within 6 months prior to submission;
- Documents proving the person is a manager or executive, such as:
+ The company’s charter or the organization’s operational regulations;
+ Certificate of enterprise registration or establishment decision;
+ Resolution or Decision on appointment;
- Two (02) recent color photos (4x6 cm, white background, front-facing, bareheaded, without colored glasses), taken within 6 months prior to submission;
- The written approval on the demand for employing foreign workers (except for exempted cases);
- A notarized copy of the valid passport;
- A letter issued by the foreign entity assigning the employee to work in Vietnam, which must be consistent with the expected job position.
Legal basis: Clauses 1 to 8, Article 9 of Decree No. 152/2020/ND-CP, as amended by Decree No. 70/2023/ND-CP.
Note: Any foreign-issued documents must be legalized by consular authorities and translated into Vietnamese with certified translation, unless exempted under international treaties or the principle of reciprocity.
2. Procedures for Issuance of a Work Permit
Step 1: The employer must submit the application to the Department of Labor, Invalids and Social Affairs where the Representative Office is located at least 15 days prior to the expected starting date of the foreign worker in Vietnam.
Step 2: Within 5 working days, if the dossier is complete and valid, the competent authority will issue the Work Permit.
After issuance, the employer is required to submit the signed labor contract to the issuing authority. This must be either the original or a certified copy of the contract.
Legal basis: Article 11 of Decree No. 152/2020/ND-CP
Obtaining a Work Permit for a foreign Chief Representative in Vietnam is a mandatory procedure to ensure the lawful employment of foreign workers. Therefore, the employer should strictly follow the legal requirements, prepare a complete application dossier, comply with
procedural steps, and adhere to all deadlines. A clear understanding of the legal framework and consular legalization requirements will facilitate a smooth and compliant application process.
