Vietnam: Transition of Processing to Ministry of Home Affairs Causes Delays

March 21, 2025

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Country / Territory

At a Glance

  • The responsibility for managing foreign nationals working in Vietnam has been transferred from the Ministry of Labour, Invalids, and Social Affairs to the Ministry of Home Affairs. As part of the transition:
    • The submission and collection points for work permit-related applications have shifted to municipal Public Administration Service Centers;
    • Applications for both Job Position Approval and Work Permit Exemption Certificates no longer require physical submission after online filing; and
    • Police clearance certificate processing and issuance has been moved to the Ministry of Public Security.
  • As a result of these changes, there will be processing delays of up to a few weeks as new departments get accustomed to the new processes.

The situation

Further to the decree issued in February 2025 that transferred the responsibility for managing foreign nationals working in Vietnam from the Ministry of Labour, Invalids, and Social Affairs (MOLISA) (and their provincial Departments of Labor, Invalids, and Social Affairs (DOLISA) offices) to the Ministry of Home Affairs (MOHA), there are further impacts resulting from this shift, some which bring process changes and processing delays.

 

CHANGE

IMPACT

Transfer of Work Permit processing to MOHA

  • Submission and collection points for work permit-related applications have shifted from DOLISA’s One-Stop Service Centers to municipal Public Administration Service Centers of the MOHA.
  • Work permit forms 1, 2, 7, 9, and 11 must now be submitted to the Department of Home Affairs (DOHA), instead of DOLISA.

 
  • Work permit applicants filing with the DOHA may experience delays of approximately one week as the Public Administration Service Centers adjust to the new submission process.
  • The change of submission location for some work permit forms may require applicants to re-sign and resubmit work permit documents.
  • Work permit applicants filing directly with the Department of Employment at MOHA may experience delays of several weeks.

 

Changes to Job Position Approval (JPA) and Work Permit Exemption Certificate (WPEC) process

  • Applications for both JPA and WPEC no longer require physical submission after online filing.
  • WPECs will still be provided in both electronic and physical forms, and the physical document must be collected at a designated service counter.
  • In Ho Chi Minh City, the DOHA currently prefers that digital signatures be used alongside physical signatures for both JPA and WPEC applications, though this remains optional until it becomes a mandatory requirement.
  • Traditional work permit applications remain subject to both online and physical submission requirements.

 

 
  • The JPA and WPEC process will be streamlined, and JPA results will now be issued electronically with a digital signature, eliminating the need for applicants to collect them in person.
  • Failure to retrieve the WPEC within 30 days may result in revocation, making timely collection essential for applicants.

Judicial Record and Police Clearance Certificate (PCC) Processing Shifted to the Ministry of Public Security (MPS)

  • The MPS has taken over responsibility for managing judicial record services, including the issuance of PCCs for foreign nationals residing in Vietnam.
  • As a part of the transition, the government is developing a new online MPS portal that will allow digital submissions of PCC applications without any processing fees. However, until this system is fully operational, urgent PCC requests must still be submitted in person at designated service centers, with a processing fee of VND 200,000.

 
  • The shift to MPS shifts PCC processing and issuance from the Justice Department to city police authorities in Ho Chi Minh City and Hanoi.
  • There may be delays of a few weeks in processing PCCs during the transition to the police authorities.

 

 

The changes follow the implementation of a government resolution that seeks to improve administrative efficiency. This effort included significant restructuring of five government ministries and other government bodies, including the merging of certain agencies and the transfer of key functions between existing bodies.

The Vietnamese government continues to implement strategic initiatives to attract foreign investment, particularly in high-tech sectors, infrastructure development, and international trade relations, reflecting Vietnam's commitment to creating a conducive environment for foreign investors. As these initiatives continue to roll out, we will likely see both opportunities and challenges for employers and foreign nationals. Key challenges will include some of the more restrictionist policies of the current labour decrees, which can make the process of hiring foreign talent lengthy and unpredictable.

While there have been no official announcements or indications from the Vietnamese government regarding further amendments to the decrees, further operational changes are expected as the MOHA takes over the management of foreign workers. Since the authorities have been known to make policy changes (or even cease application processing) without notice, employers should stay aware of application process changes.

This alert 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 [email protected]. Also access the Vietnam spotlight page on Fragomen’s website.

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