In the course of international investment and business expansion in Vietnam, many enterprises have a demand to recruit foreign experts or technical workers to support their production, management, or technology transfer activities… However, for foreign employees to work legally in Vietnam, employers must obtain a work permit in accordance with applicable laws and regulations. This article provides a detailed guide on the essential documentation required for the two most common categories: Experts and Technical Workers.

Definition of Experts and Technical Workers under Vietnamese Law

Pursuant to Article 3 of Decree No. 219/2025/ND-CP on foreign employees working in Vietnam, these two categories are defined based on specific criteria.

Firstly, a foreign employee is considered an expert if he/she meets one of the following conditions:

• Holds a university degree or higher (or equivalent) and has at least 02 years of relevant working experience suitable for the intended position in Vietnam; or
• Holds a university degree or higher in a relevant field and has at least 01 year of relevant working experience for positions in prioritized sectors such as finance, science, technology, innovation, national digital transformation, or other socio-economic development sectors as determined by competent authorities or under cooperation agreements of the Vietnamese Government.

Secondly, a foreign employee is considered a technical worker if he/she meets one of the following conditions:

• Has undergone at least 01 year of training and has at least 02 years of relevant working experience suitable for the intended position in Vietnam; or
• Has at least 03 years of relevant working experience suitable for the intended position.

Work Permit Application Dossier for Experts and Technical Workers

Approval of Demand for Foreign Employees

Before submitting a work permit application, the employer must prepare a report explaining the demand for foreign employees and a request for work permit issuance in accordance with Form No. 03 attached to Decree No. 219/2025/ND-CP. This document must include information such as the employer’s details; the proposed job position; the number of foreign employees to be recruited; and the expected duration of employment…

In practice, employers are typically required to provide a recruitment posting link for Vietnamese employees to demonstrate that domestic recruitment efforts have been made, but no suitable candidates were found, thereby satisfying the conditions for employing foreign workers under the Labor Code 2019.

(ii) Personal Identification Documents

To verify the legal identity of the foreign employee, the application dossier must include:

• A valid passport;
• Portrait photos: 02 color photos (4×6 cm), white background, front-facing, without headwear or glasses.

(iii) Health Certificate and Criminal Record Documents

Foreign employees must provide the following documents to prove their eligibility to work in Vietnam:

• Health certificate: issued by a qualified medical institution and valid within 12 months from the date of submission;
• Criminal record certificate or a document confirming no criminal record and no ongoing criminal prosecution, issued within 06 months from the date of submission.

(iv) Documents Evidencing the Working Arrangement in Vietnam

Foreign employees may work in Vietnam under various arrangements. Depending on the specific case, the application dossier must include supporting documents such as:

• Assignment letter from a foreign company (applicable to intra-company transfers);
• Assignment letter together with contracts or cooperation agreements (applicable to implementation of economic or social contracts, or participation in projects or bidding packages in Vietnam);
• Service contract between a Vietnamese company and a foreign company (together with proof that the employee has worked for the foreign company for at least 24 months), applicable to contractual service providers;
• Assignment letter for entry into Vietnam to negotiate service provision (applicable to service sellers);
• Transfer decision from a foreign organization to Vietnam (excluding intra-company transfers);
• Documents proving managerial status (applicable to Chairpersons or members of the Board of Directors of joint-stock companies, or owners/members of limited liability companies with contributed capital of less than VND 3 billion).

(v) Documents Evidencing Qualifications and Experience

For Experts

The required documents typically include:

• A university degree or higher (or equivalent);
• Professional certificates (if any);
• Confirmation of working experience issued by the foreign employer.

In certain specialized sectors such as education, aviation, or sports, additional professional licenses or certifications may be required.

For Technical Workers

The required documents include:

• A vocational training certificate or diploma with a minimum duration of 01 year;
• Confirmation of relevant technical working experience.

Guidance notes on documents issued by Foreign Authorities

For documents issued by foreign authorities or organizations, enterprises are required to carry out consular legalization, followed by translation into Vietnamese and notarization/certification of the translated copies before submission to competent authorities in Vietnam.

Where copies are used, such documents must be certified as true copies of the originals before translation and notarization in accordance with applicable regulations.