• 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

Awards

Fragomen Named a Top 10 Finalist for the 2026 Cartus Masters Cup

Fragomen is a Top 10 finalist for the 2026 Cartus Masters Cup, Cartus’ highest supplier honor recognizing exceptional service, collaboration, innovation and commitment to clients and relocating employees.

Learn more

Media mentions

SHRM: Proposed $103,265 H-1B Is Changing Talent Acquisition Strategy

Partner Bo Cooper discusses the proposed $103,265 H-1B fee, potential legal challenges and its broader implications for employers and high-skilled immigration.

Learn more

Media mentions

Business Insider: The Hidden Sacrifices of Chasing an H-1B Career in America

Partner Aaron Blumberg discusses how proposed changes to the H-1B program could affect workers facing layoffs and families navigating dependent visa status.

Learn more

Blog post

Permanent Residence in Germany: Why Eligible Foreign Nationals Should Consider Applying Early

Senior Associate Arta Djahanschiri outlines the principal pathways to permanent residence in Germany, the flexibility and security the status can provide and why eligible foreign nationals should consider applying early.

Learn more

Blog post

Proposed Changes to Naturalisation by Residency in Ireland: What Does it Mean for Employers and Global Mobility Programmes?

Immigration Manager Jo Crawford examines proposed changes to Ireland’s naturalisation requirements and what they could mean for employers and global mobility programmes, including talent retention, workforce planning and business mobility. 

Learn more

Fragomen news

Comment on DHS Proposed $103,265 Fee on Cap-Subject H-1B Petitions.Learn more

Awards

Fragomen Receives Three 2026 Cartus Awards

Fragomen received three recognitions at the 2026 Cartus Global Network Conference for excellence in service, sustainability leadership and global citizenship.

Learn more

Blog post

Net Migration Policy: An Explainer Comparing Australia, Canada and the UK

Partner Jack (Eui Chul) Kim, Senior Counsel Dr. Anna Boucher, UK Government Affairs Strategy Director Shuyeb Muquit and Articling Student David Mucz examine how Australia, Canada and the UK measure net migration. They compare efforts to reduce migration with the need to maintain access to international talent, and explain the potential effects on employers, labor markets and economic growth.

Learn more

Media mentions

Bloomberg Law: White House H-1B Order Puts Employer Layoffs Under Microscope

Partner K. Edward Raleigh discusses how US employers should consider displacement and conduct a risk analysis when assessing H-1B filings in light of recent policy changes.

Learn more

Blog post

The Compliance Risks of International Remote Working and Hush Trips

International remote working can offer valuable flexibility, but undisclosed “hush trips” may expose employers to immigration, social security, insurance, employment-law and tax risks that they cannot properly assess or manage.

Learn more

Blog post

The Narrowing Talent Pipeline: From International Student to Corporate America

Counsel Susan Steger examines recent policy changes and litigation affecting the pathway from F-1 study and practical training through H-1B sponsorship and permanent residence, and the considerations for US employers recruiting and retaining early-career international talent.

Learn more

Media mentions

The National Interest: How Boosting Your Privacy Will Make America More Secure

Managing Director, Digital Identity Amit Sharma explores how digital identity can strengthen privacy and security.

Learn more

Awards

Fragomen Named a Top 10 Finalist for the 2026 Cartus Masters Cup

Fragomen is a Top 10 finalist for the 2026 Cartus Masters Cup, Cartus’ highest supplier honor recognizing exceptional service, collaboration, innovation and commitment to clients and relocating employees.

Learn more

Media mentions

SHRM: Proposed $103,265 H-1B Is Changing Talent Acquisition Strategy

Partner Bo Cooper discusses the proposed $103,265 H-1B fee, potential legal challenges and its broader implications for employers and high-skilled immigration.

Learn more

Media mentions

Business Insider: The Hidden Sacrifices of Chasing an H-1B Career in America

Partner Aaron Blumberg discusses how proposed changes to the H-1B program could affect workers facing layoffs and families navigating dependent visa status.

Learn more

Blog post

Permanent Residence in Germany: Why Eligible Foreign Nationals Should Consider Applying Early

Senior Associate Arta Djahanschiri outlines the principal pathways to permanent residence in Germany, the flexibility and security the status can provide and why eligible foreign nationals should consider applying early.

Learn more

Blog post

Proposed Changes to Naturalisation by Residency in Ireland: What Does it Mean for Employers and Global Mobility Programmes?

Immigration Manager Jo Crawford examines proposed changes to Ireland’s naturalisation requirements and what they could mean for employers and global mobility programmes, including talent retention, workforce planning and business mobility. 

Learn more

Fragomen news

Comment on DHS Proposed $103,265 Fee on Cap-Subject H-1B Petitions.Learn more

Awards

Fragomen Receives Three 2026 Cartus Awards

Fragomen received three recognitions at the 2026 Cartus Global Network Conference for excellence in service, sustainability leadership and global citizenship.

Learn more

Blog post

Net Migration Policy: An Explainer Comparing Australia, Canada and the UK

Partner Jack (Eui Chul) Kim, Senior Counsel Dr. Anna Boucher, UK Government Affairs Strategy Director Shuyeb Muquit and Articling Student David Mucz examine how Australia, Canada and the UK measure net migration. They compare efforts to reduce migration with the need to maintain access to international talent, and explain the potential effects on employers, labor markets and economic growth.

Learn more

Media mentions

Bloomberg Law: White House H-1B Order Puts Employer Layoffs Under Microscope

Partner K. Edward Raleigh discusses how US employers should consider displacement and conduct a risk analysis when assessing H-1B filings in light of recent policy changes.

Learn more

Blog post

The Compliance Risks of International Remote Working and Hush Trips

International remote working can offer valuable flexibility, but undisclosed “hush trips” may expose employers to immigration, social security, insurance, employment-law and tax risks that they cannot properly assess or manage.

Learn more

Blog post

The Narrowing Talent Pipeline: From International Student to Corporate America

Counsel Susan Steger examines recent policy changes and litigation affecting the pathway from F-1 study and practical training through H-1B sponsorship and permanent residence, and the considerations for US employers recruiting and retaining early-career international talent.

Learn more

Media mentions

The National Interest: How Boosting Your Privacy Will Make America More Secure

Managing Director, Digital Identity Amit Sharma explores how digital identity can strengthen privacy and security.

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
September 29, 2026 | United StatesSHRM: Proposed $103,265 H-1B Is Changing Talent Acquisition Strategy
September 29, 2026 | BangladeshBangladesh: New Two-Week Filing Window for Visa Extension Applications Implemented
September 29, 2026 | European UnionEuropean Union: European Travel Information and Authorisation System (ETIAS) and Entry/Exit System (EES) Launch Status
September 29, 2026Fragomen Named a Top 10 Finalist for the 2026 Cartus Masters Cup
September 29, 2026 | LuxembourgLuxembourg: Simplification of Residence Permit Application Process Forthcoming
September 29, 2026 | United StatesSHRM: Proposed $103,265 H-1B Is Changing Talent Acquisition Strategy
September 29, 2026 | BangladeshBangladesh: New Two-Week Filing Window for Visa Extension Applications Implemented
September 29, 2026 | European UnionEuropean Union: European Travel Information and Authorisation System (ETIAS) and Entry/Exit System (EES) Launch Status
September 29, 2026Fragomen Named a Top 10 Finalist for the 2026 Cartus Masters Cup
September 29, 2026 | LuxembourgLuxembourg: Simplification of Residence Permit Application Process Forthcoming
September 29, 2026 | United StatesSHRM: Proposed $103,265 H-1B Is Changing Talent Acquisition Strategy
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.