Work Permit Ho Chi Minh: Legal Services for Foreigners

2026 Legal Update

If you are a foreign national planning to work in Ho Chi Minh City, often still called Saigon by long-term expats, you will almost always need a work permit before you can legally sign an employment contract in Vietnam. A work permit (giấy phép lao động) confirms that you are authorized to hold a specific position with a specific employer, and working without a valid one can lead to fines and deportation for you, plus separate penalties for your employer. The rules changed significantly in 2025–2026: Decree 219/2025/NĐ-CP replaced the previous framework, and in Ho Chi Minh City, applications are now handled by three separate authorities depending on where your employer is based. This guide explains who needs a work permit, who is exempt, the documents and steps required, current processing times and fees, and how our lawyers at Công ty Luật TNHH MTV Nam Sơn can support your application from start to finish.

What Is a Work Permit in Ho Chi Minh City, and Who Needs One?

A work permit is the legal document that authorizes a foreign national to work for a specific employer in a specific role inside Vietnam. Under the Labor Code 2019, most foreigners signing a labor contract with a company, organization, or individual employer in Ho Chi Minh City must hold a valid work permit before their first day of work.

This requirement applies regardless of nationality, and regardless of whether the contract is long-term or fixed-term. A work permit is tied to one employer and one position, so if you change jobs or your employer changes significantly, a new application is usually required rather than a simple transfer.

What Changed in 2025–2026? Key Updates Under Decree 219/2025/NĐ-CP

Yes — the entire legal framework for foreign workers changed in 2025. Decree 219/2025/NĐ-CP, effective from 7 August 2025, replaced Decree 152/2020/NĐ-CP and its 2023 amendment, reshaping both the process and the authority responsible for reviewing applications.

The most important changes for anyone applying in Ho Chi Minh City are:

• Authority is centralized at the provincial level (the People’s Committee), replacing the former labor-department structure.
• The employer’s labor-demand explanation and the work permit application are now combined into a single, integrated dossier.
• Processing has been shortened to 10 working days for approval, down from a combined process that previously took around 20 days.
• A written refusal, where applicable, must be issued within 3 working days.
• Exemption categories were expanded, including company owners or capital-contributing members whose contributed capital meets a set threshold.
• Electronic work permits and online submission are now supported end-to-end.

Which Authority Issues Work Permits in Ho Chi Minh City Now?

Three different Ho Chi Minh City authorities issue work permits, depending on where your employer operates: the Department of Home Affairs (Sở Nội vụ) for companies outside industrial and hi-tech zones, HEPZA for companies inside export-processing and industrial zones, and the Saigon Hi-Tech Park Authority (SHTP) for companies inside the hi-tech park.

In practice, dossiers are received centrally at the Ho Chi Minh City Public Administration Service Center or submitted online, then forwarded internally to the correct authority above — you generally do not need to identify the exact office yourself before filing.

How Does the Merger With Binh Duong and Ba Ria-Vung Tau Affect Applicants?

Since 1 July 2025, Ho Chi Minh City’s administrative boundaries expanded to include the former Binh Duong and Ba Ria-Vung Tau provinces, as part of Vietnam’s nationwide province consolidation. Employers and foreign employees based in those areas now fall under the same unified Ho Chi Minh City work-permit structure described above.

In practice, some dossiers from the former Binh Duong and Ba Ria-Vung Tau localities may still be received through satellite or branch offices rather than only the downtown Ho Chi Minh City center. Because implementation can vary by ward or commune, it is worth confirming the correct receiving point for your specific location before you file — our office can check this for you.

Who Is Exempt From Needing a Work Permit in Ho Chi Minh City?

Not every foreign worker needs a work permit. Vietnamese law exempts certain categories, most notably company owners or capital-contributing members whose contributed capital meets a government-prescribed threshold, along with several other narrowly defined cases.

• Owner or capital-contributing member of a limited liability company with contributed capital meeting the prescribed threshold (currently VND 3 billion or more).
• Chairman or a qualifying board member of a joint-stock company meeting the equivalent capital threshold.
• Certain short-term intra-company transfers or specific expert engagements carried out under conditions set by the Labor Code and Decree 219/2025.
• Individuals responsible for setting up a company’s initial commercial presence in Vietnam, for a limited period before the entity begins full operations.
• A small number of other categories defined in Article 154 of the Labor Code 2019 and Decree 219/2025.

What Are the Eligibility Conditions for a Work Permit?

To be eligible for a Ho Chi Minh City work permit, a foreign worker must be at least 18 years old, medically fit, free of an unresolved criminal record, and qualified for one of four recognized job categories: manager, executive director, expert, or technical worker.

• Age: 18 years or older.
• Health: a valid health certificate issued within the previous 12 months.
• Legal record: no pending criminal prosecution and no unspent conviction, under Vietnamese or home-country law.
• Expert: a university degree (or higher) plus at least 3 years of relevant experience, or at least 5 years of experience plus a recognized professional certification in the field.
• Technical worker: at least 1 year of vocational or technical training plus at least 3 years of relevant experience, or an equivalent technical certificate.
• Manager / Executive Director: documentation proving the managerial or executive role, consistent with Vietnam’s Enterprise Law and the Labor Code.

What Documents Do You Need to Apply?

A complete Ho Chi Minh City work permit dossier generally includes an official application form, the employer’s explanation of the need for foreign labor, and personal documents proving your identity, health, clean record, and qualifications.

1. Application form for a work permit, using the standard form issued by the competent ministry.
2. The employer’s report explaining the need to use foreign labor for the specific position.
3. A color copy of your valid passport.
4. A health certificate issued within the last 12 months by a recognized medical facility.
5. A criminal record certificate (or equivalent) issued within the last 6 months, legalized if issued abroad.
6. A degree, diploma, or professional certificate matching your position.
7. Proof of relevant work experience, such as reference letters or employment confirmations.
8. Passport-sized photos in the specified format.
9. Documents proving the employer’s legal status and the position being offered to you.

What Are the Application Steps, and Where Do You File?

The application runs through five main steps, from preparing your dossier to receiving the approved work permit, all now handled through Ho Chi Minh City’s centralized administrative service center or its online portal.

1. 1
   Prepare the dossier.

   Gather all required documents, and where needed, arrange consular legalization and certified translation.

2. 2
   Submit the labor-demand explanation.

   Your employer files the report on the need to use foreign labor together with the integrated application form.

3. 3
   File the complete dossier.

   Submit in person at the Ho Chi Minh City Public Administration Service Center or online via the National Public Service Portal, which forwards your file to Sở Nội vụ, HEPZA, or SHTP as appropriate.

4. 4
   Authority review.

   The competent authority reviews your dossier within 10 working days. If it is refused, a written explanation must be issued within 3 working days.

5. 5
   Receive your work permit.

   Once approved, the work permit is issued and can be used to sign your labor contract and, where relevant, apply for an LD visa or a Temporary Residence Card.

How Long Does It Take and How Much Does It Cost?

A complete, valid dossier is normally processed within 10 working days, and the Ho Chi Minh City state fee for a new work permit is VND 600,000, paid by the employer.

These figures do not include separate costs such as health checks, consular legalization, certified translation, or legal support fees. State fees are set locally and can be adjusted by the Ho Chi Minh City People’s Council, so please confirm the current schedule with our office or the receiving authority before you file.

How Long Is a Work Permit Valid, and How Do You Renew It?

A Ho Chi Minh City work permit is valid for a maximum of two years and can be renewed once for up to a further two years; after that, a fresh application is required.

A renewal application should be filed between 5 and 45 days before the current permit expires. If your position, employer, or key terms of employment change materially, a new work permit — rather than a renewal — is generally required.

How Does a Work Permit Relate to Your Visa and Temporary Residence Card (TRC)?

A work permit is not the same as a visa or a Temporary Residence Card. It is the underlying legal basis that allows you to apply for an LD-category work visa and, later, a Temporary Residence Card of up to two years.

An LD1 visa generally applies to those holding an exemption confirmation, while an LD2 visa applies to those holding a full work permit. Once you have a valid work permit, you — and often accompanying family members — can generally apply for a TRC, avoiding the need for frequent visa renewals.

What Happens If You Work Without a Valid Work Permit?

Working in Ho Chi Minh City without a valid work permit is a serious administrative violation: the foreign worker can be fined and deported, while the employer faces significantly higher fines depending on how many workers are affected.

An expired work permit is treated the same as never having had one — there is no automatic grace period, which is why tracking your renewal window matters as much as the original application.

What Are the Employer’s Responsibilities When Sponsoring a Foreign Employee?

Under Vietnamese law, the employer — not the foreign employee — carries most of the legal responsibility for a work permit application, including justifying the need for foreign labor, preparing the dossier, and paying the state fee.

• Demonstrating that the position could not reasonably be filled by a Vietnamese candidate, as part of the integrated labor-demand explanation.
• Preparing and submitting the complete dossier before the foreign employee’s first day of work.
• Paying the applicable state fee.
• Tracking validity and filing for renewal before the work permit expires.
• Reporting on the use of foreign labor as required by the local authority.
• Coordinating on TRC and family-member visa matters where relevant.

How Can Nam Sơn Law Firm Help With Your Work Permit Application?

Our lawyers provide legal consultation and hands-on support at every stage of the work permit process — from confirming your eligibility to liaising with Sở Nội vụ, HEPZA, or SHTP on your behalf.

• Reviewing your specific situation to confirm whether a full work permit or only an exemption confirmation applies to you.
• Preparing and reviewing your complete dossier, including coordinating legalization and certified translation of foreign-issued documents.
• Advising on and assisting with your employer’s labor-demand explanation.
• Submitting and tracking your application with the correct Ho Chi Minh City authority.
• Supporting renewal, re-issuance, and related LD visa or Temporary Residence Card applications.
• Advising employers on ongoing compliance for their foreign staff.

Frequently Asked Questions

Conclusion: Getting Your Ho Chi Minh City Work Permit Right the First Time

Vietnam’s work permit rules for Ho Chi Minh City changed substantially in 2025–2026, from the governing decree down to which office reviews your file. Getting each detail right — the correct authority, a complete dossier, and accurate supporting documents — is what keeps an application on the 10-working-day track instead of turning into a drawn-out back-and-forth.

Whether you are an employer sponsoring your first foreign hire in Ho Chi Minh City or a professional preparing to renew an existing permit, Công ty Luật TNHH MTV Nam Sơn can review your situation and guide the application from start to finish.