During business operations in Vietnam, many foreign-invested enterprises and companies with foreign elements often need to appoint foreign executive directors or managers to oversee and operate their business activities directly. Compared to experts or technical workers, the application dossier for these positions has certain specific requirements, particularly in relation to proving managerial titles and positions. This article provides a detailed guide on the work permit application dossier for managers and executive directors.

Definitions of Managers and Executive Directors under Vietnamese Law

Pursuant to Article 3 of Decree No. 219/2025/ND-CP on foreign employees working in Vietnam, these positions are defined as follows:

Manager

A foreign employee is considered a manager if they fall under one of the following cases:

• The head of a branch, representative office, or business location of an enterprise;
• A person who directly manages and operates a specific field within an agency, organization, or enterprise and has at least 03 years of experience in a field relevant to the intended job position in Vietnam.

Executive Director

A foreign employee is considered an executive director if they fall under one of the following cases:

• A business manager as defined in Clause 24, Article 4 of the Law on Enterprises, including: private enterprise owners, general partners, Chairpersons and members of the Members’ Council, Chairpersons of the company, Chairpersons and members of the Board of Directors, Directors or General Directors, and other managerial positions as prescribed in the company’s charter;
• The head or deputy head of an agency or organization in accordance with the law.

Work Permit Application Dossier for Managers and Executive Directors

(i) Approval of Demand for Foreign Employees

Before submitting a work permit application, the employer must prepare an explanation of the demand for employing foreign workers in accordance with Form No. 03 issued under Decree No. 219/2025/ND-CP.

In practice, enterprises are typically required to provide a job posting link for Vietnamese workers to demonstrate that recruitment efforts have been made domestically, but no suitable candidates were found, in compliance with the 2019 Labor Code.

(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
These documents vary depending on the specific case, such as:

• Intra-company transfer
• Implementation of economic or social contracts; participation in projects or bidding packages in Vietnam
• Service providers under contracts
• Service sales activities
• Assignment or transfer from foreign agencies, organizations, or enterprises to Vietnam

Note: The documents under items (i), (ii), (iii), and (iv) are generally similar to those required for experts and technical workers. For more details, please refer to:

https://linconlaw.vn/work-permit-application-dossier-for-experts-and-technical-workers-in-viet-nam/

(v) Documents Proving Position, Qualifications, and Experience

For Managers

The foreign employee must provide one of the following:

• The company charter and documents proving their managerial position;
• Appointment or assignment decisions for managerial positions in accordance with the Law on Enterprises;
• Establishment license of the agency or organization;
• Appointment documents for the head or deputy head of an agency or organization.

For Executive Directors

The foreign employee must provide one of the following:

• Certificate of registration of operation of a branch, representative office, or business location;
• The company charter or documents defining the organizational structure;
• Written confirmation from the foreign employer regarding the number of years of relevant work experience.

If the foreign employee has previously worked in Vietnam, they may use an issued work permit or a certificate of exemption from the work permit requirement as a substitute for documents proving relevant work experience.