HÀ NỘI — Starting from July 1, 2025, the authority to issue work permits for foreign nationals will be transferred from the Ministry of Labour, Invalids and Social Affairs (currently the Ministry of Home Affairs) to the Chairpersons of provincial People’s Committees.

This change is stipulated in Government Decree No. 128/2025/NĐ-CP, which outlines the delegation and decentralisation of state management in the field of home affairs.

Under Clause 2, Article 8 of Decree 128, Chairpersons of provincial People’s Committees are vested with the authority to: approve the demand for employing foreign workers; confirm exemption from work permit requirements; and issue, reissue, extend, and revoke work permits for foreign employees.

Additionally, Clause 4, Article 15 of the same Decree amends and supplements certain terms in Appendix I of Decree No. 152/2020/NĐ-CP on foreign workers in Việt Nam and the recruitment and management of Vietnamese workers employed by foreign organisations or individuals in Việt Nam. Specifically, the phrase “Ministry of Labour, Invalids and Social Affairs (Department of Employment)” is replaced with “provincial People’s Committee/Department of Home Affairs”.

Procedures and documentation for the issuance, reissuance, and extension of work permits are detailed in Appendix II of Decree 128 and will be directly administered by the Chairpersons of provincial People’s Committees.

The administrative procedure for issuing work permits under Clause 2, Article 8 includes the following documents:

• A written request for the issuance of a work permit from the employer. If the foreign worker is to be employed by a single employer at multiple locations, all locations must be listed in the request.
• A valid health certificate or medical examination report issued by a competent foreign or Vietnamese medical organisation, valid within 12 months from the date of conclusion to the date of application submission, or a certificate confirming fitness for work as per regulations of the Minister of Health.
• A criminal record certificate or written confirmation that the foreign worker is not currently serving a sentence, has not had their criminal record expunged, and is not under criminal investigation. This must be issued by a competent authority from either the foreign country or Việt Nam and dated within six months prior to submission.
• Documents proving the individual’s status as a manager, executive, expert, technical worker, or occupation-specific roles.
• Two colour photos (4x6 cm, white background, front-facing, bareheaded, no tinted glasses), taken within six months prior to submission.
• Written approval for the employment of foreign workers, unless the position is exempt from this requirement.
• A certified copy of the passport or a notarised copy confirmed by the employer, valid under Vietnamese law.
• Other documents related to the foreign worker, except in cases where they are working under a labour contract.
• Documents for special cases requesting a work permit.
• Legalised and certified documents, where required.

According to Ministry of Home Affairs' statistics, by the end of 2024, Việt Nam had 161,992 foreign workers. Of these, 12,797 were exempt from work permit requirements, while 149,195 were subject to work permit regulations.

These foreign workers came from approximately 110 countries, with the majority being of Chinese, South Korean, Taiwanese (Chinese), or Japanese nationality. Workers from other countries accounted for just 28.4 per cent. Most foreign workers are male, with around 86 per cent aged 30 and above. — VNS