Vietnamese Immigration
This site will provide you with what you need to know about Vietnamese work permit requirements, amidst the ever-changing immigration landscape in the country.
Vietnam’s work permit and immigration system has remained unpredictable since the rollout of Labour Decree 152 back in 2021.
Decree 152 represented a turning point for Vietnam’s work permit system—from one that previously was characterized as quite open (and more or less predictable) for foreign talent, to a much more restrictionist policy today.
Indeed, changes to both work permit regulations (in the form of new Decrees), on-the-ground process and procedural changes, and even recent government restructuring efforts, have clouded the landscape even further. This highly dynamic environment means that companies and their foreign talent seeking to work in Vietnam must stay ahead of the latest changes.
Please get in touch with our team of experienced immigration professionals if you have any questions regarding the current landscape or how it impacts your situation.
LABOUR DECREE 152 AND DECREE 70
Implemented in 2021 in the midst of the pandemic, Labour Decree 152 remains the primary Decree governing the work permit process in Vietnam. While this represented an overhaul to the work permit process in Vietnam, the impacts of the changes were most acutely felt only after the reopening of the country following the pandemic.
During that period, Fragomen worked with our client base and industry partners to propose recommendations to the government to relax the more onerous provisions of Decree 152. Eventually, Decree 70 (amending Decree 152) was released in September 2023.
While Decree 70 on the whole was characterized as an easing of the more burdensome provisions of Decree 152, it still introduced further uncertainty on the ground. In particular—and most importantly—Decree 70 introduced a new Job Posting (or Labour Market Testing) requirement to the work permit process. While this addition to the process is in line with trends that we have seen throughout the region, from a practical level, it has increased an already lengthy lead time to obtain a Vietnamese work permit.
Additionally, while the government has been introducing new requirements at the policy level, the local authorities have also been exercising discretion in their standards of adjudication. This localization of processes and procedures has been a hallmark of the Vietnamese work permit process for years, but has been made more apparent in the current protectionist environment.
Along with the above, the government has also recently began streamlining its bureaucracy by consolidating several ministries. This includes recently consolidating the Ministry of Labour, Invalids & Social Affairs (MOLISA) into the Ministry of Home Affairs (MOHA), effective from 1 March 2025. The full practical implications of this transition to the MOHA (including which personnel may or may not be impacted) remains to be seen, but delays in processing and other teething issues can be expected.
LATEST UPDATES: WHAT YOU NEED TO KNOW
From 1 March 2025, the Ministry of Labour, Invalids & Social Affairs (MOLISA) and its local Departments of Labour (DOLISAs) has been folded into the Ministry of Home Affairs (MOHA). While significant from a government streamlining perspective, the specific impacts to the work permit process so far appear to be minimal—although much is still yet to be seen. Some of the latest updates include:
- March 1, 2025: MOHA assumes the responsibility to manage foreign nationals working (i.e., work permit matters) in Vietnam. The MOHA’s new organizational structure includes a Department of Employment (DOE) as well as a Department of Foreign Labour Management.
- March 2, 2025: With the restructuring, the Ministry of Public Security (MPS) has taken over responsibility for managing judicial record services, including the issuance of Police clearance Certificates (PCCs) for foreigners residing in Vietnam. This change shifts PCC processing from the Justice Department to the city police authorities in HCMC and Hanoi.
- March 3, 2025: MOLISA’s one-stop service center was relocated to the Department of Employment (under the MOHA).
- March 3, 2025: Hanoi DOLISA’s one-stop service counter was relocated to the Public Administration Service Center. Application forms for new submissions should be addressed to the DOHA (instead of DOLISA). Some applications can now be submitted online (instead of physical submissions).
- March 5, 2025
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- Temporary suspension by the Department of Employment on any new submissions until further notice. We expect the delay to last at least a few days, as the functions are transitioned from MOLISA to MOHA.
- Applications that were previously submitted at the People’s Committee in Hanoi have not yet transitioned to the DOHA, nor have the People’s Committee received official orders from DOHA to continue to process the applications (thereby placing renewal, reissuance, and exemption applications temporarily on hold).
- Applications for both Job Position Approval (JPA) and Work Permit Exemption Certificates (WPEC) no longer require physical submission after online filing, streamlining the initial application process for these applications. JPA results will now be issued electronically with a digital signature, eliminating the need for applicants to collect them in person. However, WPECs will still be issued in both electronic and physical form, and the physical document must be collected at a designated service counter. Failure to retrieve the WPEC within 30 days may result in revocation, making timely collection essential.
- Certain Work Permit forms must now be submitted to the DOHA instead of DOLISA, a procedural adjustment that may require the re-signing of documents.
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- March 10, 2025: The People’s Committee in Hanoi has resumed accepting applications for renewals, reissuance, and exemptions.
- March 17, 2025: MOHA has not yet granted the Department of Employment the formal authority to accept applications, resulting in a current de facto suspension on application submissions to MOHA until further notice.
- April 9, 2025: MOHA has resumed processing applications and issuing decisions. However, delays with adjudication of applications should be expected, as MOHA continues to work through the backlog.
- April 15, 2025: The Vietnamese government has approved a plan to rearrange and reorganize its provincial-level administrative units. Most provinces in Vietnam will be merged with others, to reduce the current number of provinces and centrally-run cities. It is not yet clear what impact this will have on the work permit process, but some applications are likely to be redirected.
- April 15, 2025: For Ho Chi Minh City, the Immigration authorities are closely scrutinizing Resident Registration Letters issued to support immigration-related processes. Such letters must be registered online, with a corresponding record in the Immigration system, to ensure that they can be accepted.
We expect additional changes to be made in the coming days and weeks, including new forms and additional instructions, which may impact ongoing applications.
RECENT NEWS FLASHES AND ALERTS
March 21, 2025: Transition of Processing to Ministry of Home Affairs Causes Delays
February 26, 2025: Oversight of Foreign Workers Reassigned to Ministry of Home Affairs
January 2, 2025: New Approving Authority for Some Work Permit Application Types in Hanoi
August 5, 2024: New Online Step for Visa Applicants in Ho Chi Minh City, Dong Nai and Binh Duong Provinces Prolongs Visa Processing Times
July 24, 2024: Authority to Act on Certain Administrative Matters to be Delegated to Ho Chi Minh City’s People’s Committee
April 12, 2024: Additional Online Step for Chinese Nationals Applying in Ho Chi Minh City
February 9, 2024: Job Position Approval Now Required for the Reissuance of Certain Work Permits in Hanoi
December 12, 2023: Company Registration Websites and Additional Details Now Available for Forthcoming Market Testing Requirements
November 28, 2023: Company Registration Website Now Available for New Labor Market Testing Requirements
September 25, 2023: Amendment to Labour Decree 152 Affecting Foreign Nationals Issued
KEY CONSIDERATIONS FOR EMPLOYERS AND FOREIGN NATIONALS
Vietnam’s immigration system continues to evolve, bringing both challenges and opportunities for employers and foreign nationals. With the recent changes, understanding the shifting requirements is essential for a smooth and compliant experience.
Whether you’re an employer looking to bring in global talent or a foreign national planning to work in Vietnam, a proactive and well-prepared approach can help navigate the process. Below are practical insights and tips to ensure a seamless experience, avoid unnecessary delays and stay compliant with Vietnam’s evolving immigration requirements.
- Plan ahead for longer processing times. With new steps like Labour Market Testing extending overall processing times, employers should plan ahead and incorporate longer lead times to prevent disruptions in hiring and business operations. Additionally, the ongoing government restructuring, which shifts immigration oversight from MOLISA to MOHA, may introduce temporary delays, making it essential to stay informed about procedural changes. Since immigration requirements can vary by location, both businesses and foreign nationals should be prepared for potential regional differences in processing and compliance expectations.
- Make documentation and compliance a priority. Accuracy is crucial, as Vietnamese authorities closely scrutinize applications. To avoid issues, job titles, duties, and qualifications should be aligned as much as possible. Also, with some processes shifting online, particularly in major hubs like Hanoi and Ho Chi Minh City, employers should ensure they are using the correct platforms for submissions.
- Adapt workforce planning strategies. Employers are advised to incorporate immigration lead times into their hiring strategy to maintain business continuity and minimize disruptions.
- Stay ahead of policy changes. By actively monitoring policy updates, government announcements and industry insights, employers can anticipate changes impacting work permit eligibility, application timelines and compliance obligations. Taking a proactive approach to these developments helps minimize delays, reduce legal risks and create a more seamless immigration experience for both employers and foreign talent. While the authorities in Vietnam do make policy changes (or even cease application processing) without notice, Fragomen can work with you to “expect the unexpected” and to plan for such contingencies in a proactive manner.
PARTNER WITH FRAGOMEN
Navigating Vietnam’s immigration landscape can be complex—and that’s where Fragomen steps in.
With deep knowledge and experience in global immigration and a proven track record, we provide the guidance businesses and foreign employees need to avoid unnecessary complications as much as possible. Our dedicated team ensures that HR professionals stay informed with regular training on evolving work permit requirements, helping organizations maintain compliance and operational efficiency.
Importantly, our Vietnam team and our Government Strategies team work hand-in-hand together to develop recommendations to be shared with the government. We are continuously advocating for clients by gathering feedback and sharing consolidated experiences, learnings and input. Indeed, by way of example, with the current ongoing restructuring of the government ministries and departments, the Ministry of Home Affairs has requested feedback from the business community on the work permit policies moving forward, which is a welcome development. Fragomen is currently requesting feedback from companies to advocate for an updated framework and improved business-friendly work permit and business travel policies.
By bringing the full force of Fragomen’s Knowledge Group, Government Strategies Group and Advisory & Compliance team—coupled with our unmatched comparative data across countries—Fragomen is able to bring our deep knowledge and experience to bear in discussions with the government and through the appropriate channels.
Partner with Fragomen for strategic support and a customized approach to navigate Vietnam’s immigration process with confidence and success.
Your Fragomen Contacts
Kenneth Lau
Partner
[email protected]
Maysie Pandor
Business Immigration Director
[email protected]
Sherwin Gan
Senior Business Immigration Consultant
[email protected]