• Insights

New Labor Decree Relaxes Work Authorization Rules

October 29, 2018

insight-news-default

Country / Territory

  • VietnamVietnam

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

The situation

A new decree issued by the Ministry of Labor Invalids and Social Affairs (MOLISA) has resulted in relaxed work authorization rules in Vietnam. The changes are effective immediately, though actual implementation may be delayed depending on the time it takes local labor authorities to adopt these changes into their current practice.

A closer look

  • Notarization of passports no longer required. MOLISA will no longer require the notarization or certification of passports for foreign nationals for submission with their Work Permit applications, as was required by Decree 11, implemented in 2016. A clear scanned copy of the passport is now sufficient for this purpose.
    • Impact. Since there may be other documents that still require notarization or certification, such as a diploma or other educational certificate, the Work Permit processing time will likely not be affected, though the administrative processes would be reduced. There may be inconsistent application of this new rule in different locations. For example, the labor department in Ho Chi Minh City (HCMC) currently still requires a notarized copy of the foreign national’s passport.
       
  • Cancellation of Work Permits no longer required. Employers no longer need to cancel their foreign employees’ Work Permits upon termination of their employment or assignment in Vietnam. Previously, Decree 11 made it mandatory for employers to cancel Work Permit cards and return them to the Labor Department.
    • Impact. While simplifying the process, this change may present issues for some employers as it may mean that former employees can continue to hold valid Work Permits tied to their companies even after they leave Vietnam. This can potentially create problems for a company should a former employee be subsequently found working in the country illegally using the unexpired Work Permit. To avoid this, labor authorities have advised host companies to collect their employees’ original Work Permit cards following the end of the assignment.
       
  • Shorter processing time for Work Permit applications. According to the new decree, MOLISA will process all Work Permit applications within five business days of submission.
    • Impact. Though this processing time is a significant reduction from the current two- to three-week processing time, in practice, it is unlikely that MOLISA will strictly abide by this requirement.
       
  • Work Permit exemption for incorporators. Foreign nationals responsible for incorporating or establishing a commercial entity in Vietnam are now exempt from obtaining a Work Permit or Work Permit exemption certificate, which is required for some categories of assignments and work activities and allows the foreign national to work without a Work Permit once MOLISA issues the certification.
    • Impact. Since the Work Permit exemption is granted in very exceptional cases, incorporators and others eligible for the exemption should still obtain a consular Business Visa to ensure compliance with immigration rules, as all foreign nationals entering Vietnam who seek to obtain a Work Permit must do. Those eligible for the exemption should therefore not enter under a tourist visa or visa-exempt status. As all foreign nationals under a Business Visa, workers eligible under this exemption must limit their work activities to less than 30 days per stay within a total cumulative period not exceeding 90 days per year.

Background

MOLISA is an administrative government branch in Vietnam that issues labor rules applicable to local and foreign workers. MOLISA’s rules impact various foreign workers’ requirements, such as documents needed for work authorization applications and exemption criteria.

Looking ahead

Although the changes are meant to simplify and streamline the work authorization and deregistration process, employers and foreign nationals should expect some variance in implementation as the labor authorities in different provinces start to adapt the new rules into their current practice during the initial transition period.

Many countries globally are working to streamline the work authorization process, such as in Indonesia, where a recent regulation was issued to complete a set of streamlined work authorization process rule changes; in China, where a streamlined work authorization application policy classifying foreign nationals into three categories was applied in April 2017; in Europe, where the EU Single Permit Directive requires EU Member States to consolidate residence and work authorization rules; and in Argentina, where and electronic system was developed that will simplify the work and residence authorization process.

Fragomen will monitor the situation and work closely with clients to ensure compliance at every step of the application process.

We worked closely with Resident Vietnam in Vietnam to prepare this alert. It is for informational purposes only. If you have any questions, please contact the global immigration professional with whom you work at Fragomen or send an email to [email protected].

Country / Territory

  • VietnamVietnam

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Explore more at Fragomen

Fragomen news

Comment on DHS Proposal to Eliminate the 60-day Grace PeriodLearn more

Fragomen news

Comment on DHS proposal to impose up to $100,000 in Optional Practical Training FeesLearn more

Media mentions

Human Resources Director: Fixed-Term Contract Limits Squeeze Visa Sponsorship, Research Warns

Co-authors Partner Charles Johanes, Senior Counsel Anna Boucher and Allens Partner Tarsha Gavin explore the intersection of Australia’s migration and employment laws and the implications for employers sponsoring temporary visa holders.

Learn more

Media mentions

Prawo: Pracodawca na pierwszej linii: jak reforma zatrudniania cudzoziemców przesuwa odpowiedzialność na firmy

Partner Karolina Schiffter examines how Poland’s proposed foreign employment reforms could increase employers’ administrative and compliance responsibilities.

Learn more

Blog post

Trusted Digital Identity Is Critical Infrastructure for Global Mobility

In the first blog in a new series, Managing Director, Digital Identity Amit Sharma explores why trusted digital identity is becoming increasingly important to global mobility, how reusable digital credentials could work and why interoperability across systems and jurisdictions will be critical.

Learn more

Blog post

UK Global Talent Visa vs Innovator Founder Visa: A Guide for Tech Professionals, Researchers and Founders

Senior Associate Amelia Haynes compares the UK’s Global Talent and Innovator Founder visa routes, examining who each route may suit, the evidence required, professional flexibility and potential pathways to settlement.

Learn more

Blog post

Polish Citizenship by Descent: Finding Family Records and Navigating Polish Archives

Poland Immigration Strategy Director Tomasz Rogala and Senior Associate Tomasz Rdzanek explain how applicants pursuing Polish citizenship by descent can locate family records, navigate archives and obtain documentary evidence that can be used in citizenship proceedings.

Learn more
Generic Insights

Fragomen news

2026年10月 米国移民法ダイジェストLearn more

Awards

Fragomen Recognized in 2027 Best Law Firms® Rankings in the United States

Fragomen has been recognized in the 2027 edition of Best Law Firms®, earning a National Tier 1 ranking in Immigration Law and 16 regional rankings across the United States.

Learn more

Media mentions

Global Underwater Hub: The Specialist Skills Needed to Deliver Future Offshore Projects

Director Kelly Hardman explores how early UK immigration planning and investment in domestic skills can help offshore businesses access the specialist expertise needed to deliver future projects.

Learn more

Media mentions

SHRM: Why ‘Hush Trips’ Can Pose Big Risks for Employers and Workers

Senior Counsel Jo Antoons explains the immigration, social security, insurance, employment law and tax risks that undisclosed international remote work can create for employers.

Learn more

Media mentions

Times of India: Immigration After the Midterms: A New Congress, but Who Holds the Power?

Senior Counsel Mitch Wexler discusses the potential impact of the US midterm elections on immigration policy and the areas where bipartisan support could shape future developments.

Learn more

Fragomen news

Comment on DHS Proposal to Eliminate the 60-day Grace PeriodLearn more

Fragomen news

Comment on DHS proposal to impose up to $100,000 in Optional Practical Training FeesLearn more

Media mentions

Human Resources Director: Fixed-Term Contract Limits Squeeze Visa Sponsorship, Research Warns

Co-authors Partner Charles Johanes, Senior Counsel Anna Boucher and Allens Partner Tarsha Gavin explore the intersection of Australia’s migration and employment laws and the implications for employers sponsoring temporary visa holders.

Learn more

Media mentions

Prawo: Pracodawca na pierwszej linii: jak reforma zatrudniania cudzoziemców przesuwa odpowiedzialność na firmy

Partner Karolina Schiffter examines how Poland’s proposed foreign employment reforms could increase employers’ administrative and compliance responsibilities.

Learn more

Blog post

Trusted Digital Identity Is Critical Infrastructure for Global Mobility

In the first blog in a new series, Managing Director, Digital Identity Amit Sharma explores why trusted digital identity is becoming increasingly important to global mobility, how reusable digital credentials could work and why interoperability across systems and jurisdictions will be critical.

Learn more

Blog post

UK Global Talent Visa vs Innovator Founder Visa: A Guide for Tech Professionals, Researchers and Founders

Senior Associate Amelia Haynes compares the UK’s Global Talent and Innovator Founder visa routes, examining who each route may suit, the evidence required, professional flexibility and potential pathways to settlement.

Learn more

Blog post

Polish Citizenship by Descent: Finding Family Records and Navigating Polish Archives

Poland Immigration Strategy Director Tomasz Rogala and Senior Associate Tomasz Rdzanek explain how applicants pursuing Polish citizenship by descent can locate family records, navigate archives and obtain documentary evidence that can be used in citizenship proceedings.

Learn more
Generic Insights

Fragomen news

2026年10月 米国移民法ダイジェストLearn more

Awards

Fragomen Recognized in 2027 Best Law Firms® Rankings in the United States

Fragomen has been recognized in the 2027 edition of Best Law Firms®, earning a National Tier 1 ranking in Immigration Law and 16 regional rankings across the United States.

Learn more

Media mentions

Global Underwater Hub: The Specialist Skills Needed to Deliver Future Offshore Projects

Director Kelly Hardman explores how early UK immigration planning and investment in domestic skills can help offshore businesses access the specialist expertise needed to deliver future projects.

Learn more

Media mentions

SHRM: Why ‘Hush Trips’ Can Pose Big Risks for Employers and Workers

Senior Counsel Jo Antoons explains the immigration, social security, insurance, employment law and tax risks that undisclosed international remote work can create for employers.

Learn more

Media mentions

Times of India: Immigration After the Midterms: A New Congress, but Who Holds the Power?

Senior Counsel Mitch Wexler discusses the potential impact of the US midterm elections on immigration policy and the areas where bipartisan support could shape future developments.

Learn more
Fragomen.com home
Select Language
  • English
  • French
  • French - Canadian
  • German

Select Language

  • English
  • French
  • French - Canadian
  • German
ContactCareersMediaClient Portal
Search Fragomen.com
  • Our Services
    For EmployersFor IndividualsBy IndustryCase Studies
  • Our Tech & Innovation
  • Our People
  • Our Insights
    Worldwide Immigration Trends ReportsMagellan SeriesImmigration AlertsEventsMedia MentionsFragomen NewsBlogsPodcasts & Videos
  • Spotlights
    Travel and Mobility Considerations: Situation in the Middle EastNavigating Immigration Under the Second Trump AdministrationImmigration Matters: Your U.S. Compliance RoadmapCenter for Strategy and Applied InsightsView More
  • About Us
    About FragomenOfficesResponsible Business PracticesFirm GovernanceRecognition

Our Services

  • For Employers
  • For Individuals
  • By Industry
  • Case Studies

Our Tech & Innovation

  • Our Approach

Our People

  • Overview / Directory

Our Insights

  • Worldwide Immigration Trends Reports
  • Magellan Series
  • Immigration Alerts
  • Events
  • Media Mentions
  • Fragomen News
  • Blogs
  • Podcasts & Videos

Spotlights

  • Travel and Mobility Considerations: Situation in the Middle East
  • Navigating Immigration Under the Second Trump Administration
  • Immigration Matters: Your U.S. Compliance Roadmap
  • Center for Strategy and Applied Insights
  • View More

About Us

  • About Fragomen
  • Offices
  • Responsible Business Practices
  • Firm Governance
  • Recognition
Select Language
  • English
  • French
  • French - Canadian
  • German

Select Language

  • English
  • French
  • French - Canadian
  • German
ContactCareersMediaClient Portal
Important Updates
Important Updates
November 10, 2026 | New ZealandNew Zealand: Eligibility Tightened for Partnership-Based Visas
November 10, 2026 | CanadaCanada: Rural Communities Program Updates
November 10, 2026 | United StatesCDC Extends Entry Ban for Foreign Nationals Recently in DR Congo, Uganda, or South Sudan for Another 30 Days; U.S. Citizen Travel Restrictions Remain
November 10, 2026 | United StatesComment on DHS Proposal to Eliminate the 60-day Grace Period
November 10, 2026 | IndonesiaIndonesia: Scrutiny Increased for Indonesian Language Training Requirements for Foreign Workers
November 10, 2026 | New ZealandNew Zealand: Eligibility Tightened for Partnership-Based Visas
November 10, 2026 | CanadaCanada: Rural Communities Program Updates
November 10, 2026 | United StatesCDC Extends Entry Ban for Foreign Nationals Recently in DR Congo, Uganda, or South Sudan for Another 30 Days; U.S. Citizen Travel Restrictions Remain
November 10, 2026 | United StatesComment on DHS Proposal to Eliminate the 60-day Grace Period
November 10, 2026 | IndonesiaIndonesia: Scrutiny Increased for Indonesian Language Training Requirements for Foreign Workers
November 10, 2026 | New ZealandNew Zealand: Eligibility Tightened for Partnership-Based Visas
Subscribe

Stay in touch

Subscribe to receive our latest immigration alerts

Subscribe

Our firm

  • About
  • Careers
  • Firm Governance
  • Media Inquiries
  • Recognition

Information

  • Attorney Advertising
  • Legal Notices
  • Privacy Policies
  • AI Transparency Statement
  • UK Regulatory Requirements

Our firm

  • About
  • Careers
  • Firm Governance
  • Media Inquiries
  • Recognition

Information

  • Attorney Advertising
  • Legal Notices
  • Privacy Policies
  • AI Transparency Statement
  • UK Regulatory Requirements

Have a question?

Contact Us
  • LinkedIn
  • Youtube
  • Instagram
  • Facebook
  • TikTok
  • Twitter

© 2026 Fragomen, Del Rey, Bernsen & Loewy, LLP, Fragomen Global LLP and affiliates. All Rights Reserved.

Please note that the content made available on this site is not intended for visitors / customers located in the province of Quebec, and the information provided is not applicable to the Quebec market. To access relevant information that applies to the Quebec market, please click here.