Context & Official Legal Basis
You have been appointed as the General Director or CEO of a Vietnamese company. The board resolution is signed, the enterprise registration is updated, and you are ready to start. Then you discover that holding the title is not the same as being legally allowed to work in that capacity. Vietnam's labor regulations draw a sharp line between corporate governance appointments and actual employment activities. If you will be physically present in Vietnam and directly managing the company's operations, you likely need either a work permit or a formal work permit exemption confirmation from the provincial labor authority. Navigating this without a local HR or legal team is where most expats lose weeks to administrative back-and-forth.
The legal framework rests on the following instruments:
- Labor Code 2019 (Law No. 45/2019/QH14) — Article 151 establishes the general conditions for foreign workers in Vietnam. Article 154 lists the categories of foreign workers exempt from the work permit requirement, including capital-contributing members and board members of joint-stock companies meeting certain thresholds.
- Decree No. 219/2025/ND-CP — Effective 7 August 2025, this decree replaced Decree 152/2020/ND-CP and its amendments. It governs foreign workers in Vietnam, defining job positions for managers, executive directors, experts, and technical workers in Article 3. Article 7 sets out the work permit exemption categories. Article 8 governs the dossier for exemption confirmation. Article 9 specifies which exempt cases require only a notification instead of a formal confirmation. Article 18 governs the work permit application dossier.
- Decree No. 70/2023/ND-CP — The predecessor decree that amended Decree 152/2020. Its clarifications on manager and executive director definitions remain relevant as context, though Decree 219/2025 now governs.
Under Decree 219/2025/ND-CP, there are two distinct administrative pathways for foreign executive management appointments:
- Pathway A — Work Permit Exemption Confirmation: For foreign nationals who fall under specific exemption categories, such as owners or capital-contributing members of a limited liability company with a capital contribution of VND 3 billion or more, or chairpersons or board members of a joint-stock company with a capital contribution of VND 3 billion or more. These individuals must still apply for a confirmation of work permit exemption using Form No. 01, unless they qualify under the notification-only category.
- Pathway B — Standard Work Permit Application: For foreign nationals appointed as General Director, CEO, or other executive management positions who do not qualify for an exemption. This requires a full work permit application using Form No. 03, submitted to the provincial Department of Labor, Invalids and Social Affairs (DOLISA) or the Department of Home Affairs, depending on the province's administrative structure.
Required Documents Checklist for Executive Management Registration
The document requirements differ significantly between the exemption pathway and the standard work permit pathway. Below is the complete checklist based on Decree 219/2025/ND-CP.
For Pathway A — Work Permit Exemption Confirmation (Form No. 01):
- Written request for confirmation of work permit exemption using Form No. 01 in the Appendix issued with Decree 219/2025/ND-CP. This must be signed and sealed by the employer.
- Health certificate issued by a qualified medical facility, unless the employee's health data has already been connected to the National Health Database. If issued overseas, the certificate is acceptable if Vietnam and the issuing country have a mutual recognition agreement. The certificate must generally be issued within 12 months before submission.
- Two color photographs — 4 cm × 6 cm, white background, front-facing, bareheaded, and without glasses.
- Valid passport of the foreign employee.
- Documents proving eligibility for the exemption category. For capital-contributing owners or members: enterprise registration certificate and charter demonstrating the VND 3 billion contribution. For board members: company charter and appointment documentation.
- Company charter or organizational structure documents.
- Appointment decision or assignment document for the executive management position.
For Pathway B — Standard Work Permit Application (Form No. 03):
- Written report from the employer explaining the need to use foreign workers and requesting the issuance or extension of a work permit, using Form No. 03 in the Appendix issued with Decree 219/2025/ND-CP. This single form replaces the previous separate labor demand approval and work permit application steps.
- Health certificate as described above.
- Valid passport (original or certified copy).
- Criminal record certificate issued by a competent authority in Vietnam or abroad, obtained no more than 6 months prior to submission.
- Two color photographs (4 cm × 6 cm, white background, straight face, no glasses).
- Documents proving the foreign employee is a manager or executive director. According to Article 19 of Decree 219/2025/ND-CP, these include: for managers — company charter and documents proving managerial status, or appointment or assignment decisions; for executive directors — certificate of registration of branch operations, representative office operations, or business location registration, or company charter or organizational structure documents, or the employer's written confirmation of the employee's years of experience.
- Documents proving the form of work — for example, an intra-company transfer letter, a service contract, or an economic agreement, depending on the legal basis for employment.
- Proof of qualifications — university degree or equivalent. Executive directors under Decree 219/2025/ND-CP must have at least three years of experience in a field relevant to the job position.
Official Form Field-by-Field Breakdown
Two forms are central to the executive management registration process: Form No. 01 (for exemption confirmation) and Form No. 03 (for work permit application). Understanding each field is essential to avoid rejection.
| Field (Vietnamese) | English Meaning | What to Enter |
|---|---|---|
| Tên doanh nghiệp / tổ chức | Enterprise / organization name | Full legal name as registered on the enterprise registration certificate |
| Mã số thuế | Tax code | 10- or 13-digit tax identification number |
| Địa chỉ trụ sở chính | Head office address | Registered address |
| Họ và tên người lao động nước ngoài | Full name of foreign worker | As it appears on the passport, in uppercase |
| Ngày sinh | Date of birth | DD/MM/YYYY format |
| Quốc tịch | Nationality | Country of citizenship |
| Số hộ chiếu | Passport number | Current passport number |
| Vị trí công việc | Job position | Exact title — e.g., Giám đốc điều hành (Executive Director) or Nhà quản lý (Manager) |
| Chức danh công việc | Job title | Specific corporate title — e.g., Tổng Giám đốc (General Director) or Giám đốc (Director) |
| Loại hình doanh nghiệp | Enterprise type | LLC, Joint Stock Company, etc. |
| Giá trị góp vốn | Capital contribution value | For exemption cases — must be VND 3,000,000,000 or more |
| Thời hạn làm việc | Work duration | Contract term — maximum 2 years for work permits |
| Địa điểm làm việc | Work location | Specific address where the executive will perform duties |
| Kinh nghiệm làm việc | Work experience | Executive directors must demonstrate at least 3 years of relevant experience |
Critical note: The professional title stated in your corporate appointment must correspond to the job position classification under Article 3 of Decree 219/2025/ND-CP. If your corporate charter titles you as "General Director" but the labor authority classifies you as a "Manager" rather than an "Executive Director," the supporting documents required will differ. Verify the classification before submitting.
Copyable Cover Letter Template for Work Permit Exemption Confirmation
For executive management appointments that qualify for the exemption pathway, a well-structured cover letter accompanying Form No. 01 helps the reviewing officer verify compliance quickly. Adapt the template below.
SOCIALIST REPUBLIC OF VIETNAM
Independence – Freedom – Happiness
---------------[Date: DD/MM/YYYY]COVER LETTER FOR WORK PERMIT EXEMPTION CONFIRMATIONTo: [Name of Provincial Department of Labor, Invalids and Social Affairs / Department of Home Affairs][Address of the receiving authority]Subject: Request for confirmation of work permit exemption for foreign executive management personnelDear Sir/Madam,[Company Name], tax code [Tax Code], headquartered at [Company Address], hereby respectfully submits this application for confirmation of work permit exemption for the following foreign worker:Full name: [Applicant Name]Passport number: [Passport Number]Nationality: [Nationality]Date of birth: [DD/MM/YYYY]Job position: [Job Title — e.g., General Director]Enterprise type: [LLC / Joint Stock Company]Capital contribution value: [VND 3,000,000,000 or above]Proposed work location: [Specific Worksite Address]Contract duration: [Start Date] to [End Date]We confirm that the foreign worker named above falls under the work permit exemption category prescribed in Clause [specify relevant clause] of Article 7, Decree No. 219/2025/ND-CP, as [owner / capital-contributing member / chairperson of the board of directors / member of the board of directors] with a capital contribution of VND 3,000,000,000 or more.Attached are the required documents as per Article 8 of Decree No. 219/2025/ND-CP, including Form No. 01, the health certificate, passport copy, photographs, and documentation evidencing the capital contribution and appointment.We kindly request your confirmation of the work permit exemption.Respectfully,[Legal Representative Name][Title][Company Name][Signature and Seal]Official Submission Step-by-Step Procedure
Follow these steps in order. The pathway you use depends on whether the foreign executive qualifies for exemption or requires a standard work permit.
- Step 1 — Determine your pathway. Review the exemption categories under Article 7 of Decree 219/2025/ND-CP. If the executive holds a capital contribution of VND 3 billion or more as an owner, member, or board member, the exemption pathway applies. If not, the standard work permit pathway applies.
- Step 2 — For exemption cases: prepare the Form No. 01 dossier. Gather the documents listed in the Pathway A checklist. Ensure the capital contribution is verifiable in the enterprise registration dossier and the charter.
- Step 3 — Submit the exemption confirmation application. The employer submits the dossier to the provincial Department of Labor, Invalids and Social Affairs (DOLISA) or the Department of Home Affairs where the foreign worker is expected to work. Submission can be made directly, via public postal services, through authorized service providers, or through the Public Administration Service Center.
- Step 4 — Wait for exemption confirmation. The competent authority issues the Confirmation of Work Permit Exemption using Form No. 02 within 05 working days from receipt of a complete and valid dossier. If the confirmation is not granted, the authority must issue a written response stating the reasons within 03 working days.
- Step 5 — For standard work permit cases: prepare the Form No. 03 dossier. Gather the documents listed in the Pathway B checklist. Ensure the criminal record certificate is within 6 months and the health certificate is within 12 months.
- Step 6 — Submit the work permit application. Submit the dossier to the same provincial authority. The application must be submitted at least 15 working days before the planned start date.
- Step 7 — Wait for work permit issuance. The competent authority decides whether to issue the work permit within 10 working days from receipt of a valid dossier.
- Step 8 — Register the foreign worker's employment. After the work permit or exemption confirmation is issued, the employer must ensure the foreign worker's employment is properly recorded. For exemption cases that fall under the notification-only category (Clause 4, Article 9), the employer must notify the competent authority at least 03 working days before the foreign worker begins employment.
Submission locations: The provincial Department of Labor, Invalids and Social Affairs (DOLISA) or the Department of Home Affairs, depending on the province's administrative structure. In provinces with merged departments, the Department of Home Affairs handles foreign labor management. Applications can be submitted in person at the Public Administration Service Center, by post, or through authorized service providers.
Fees: The state fee for work permit issuance typically ranges from VND 400,000 to VND 600,000 per permit, depending on the province. Exemption confirmation fees may be lower or waived. Because fee schedules vary by province and are subject to change, verify the exact amount at the local receiving office before payment.
Validity: A work permit or work permit exemption confirmation has a maximum validity of 2 years and can be renewed once, coinciding with the validity of the underlying employment arrangement.
Common Mistakes & Rejection Warnings
- Confusing corporate appointment with legal work authorization. Holding a board resolution appointing you as General Director does not automatically grant the right to work in Vietnam. If you will be physically present and directly managing operations, you need either a work permit or an exemption confirmation.
- Misclassifying the job position. Decree 219/2025/ND-CP distinguishes between "managers" and "executive directors." Executive directors must have at least 3 years of relevant experience. A manager who does not meet the executive director definition may face different documentation requirements. Misclassification leads to rejection.
- Insufficient proof of capital contribution. For the VND 3 billion exemption, the contribution must be demonstrated in the enterprise registration dossier and charter. A shareholder agreement alone is not sufficient evidence for the labor authority.
- Expired criminal record or health certificate. The criminal record certificate must be within 6 months of submission. The health certificate must be within 12 months. Certificates that were valid when the appointment was made may expire before the dossier is submitted.
- Missing legalization. Documents issued in a foreign country must be consular-legalized unless a treaty exemption applies. A certified translation alone is not sufficient.
- Submitting to the wrong authority. Since Decree 219/2025/ND-CP, the competent authority is the provincial Department of Labor, Invalids and Social Affairs or the Department of Home Affairs, not MOLISA directly. Submitting to the old authority will delay the process.
- Failing to notify for notification-only exemptions. Some exemption cases require only a notification to the competent authority at least 3 working days before the foreign worker starts work, rather than a formal confirmation. Failure to notify is treated as unauthorized employment.
Frequently Asked Questions
Does a foreign General Director appointed by a Vietnamese company need a work permit?
Yes, in principle. Under Article 151 of the Labor Code 2019, foreign workers in Vietnam must hold a work permit unless they fall under an exemption category in Article 154. A foreign General Director who is physically present in Vietnam and directly managing the company's operations is considered to be working and therefore requires either a work permit or a work permit exemption confirmation.
What is the VND 3 billion capital contribution exemption for foreign executives?
Under Article 7 of Decree 219/2025/ND-CP, foreign nationals who are owners or capital-contributing members of a limited liability company with a contribution of VND 3 billion or more, or chairpersons or board members of a joint-stock company with a contribution of VND 3 billion or more, are exempt from the work permit requirement. They must still apply for a confirmation of work permit exemption using Form No. 01, unless they qualify under the notification-only category.
How long does the work permit exemption confirmation take?
The competent authority issues the Confirmation of Work Permit Exemption within 05 working days from receipt of a complete and valid dossier. If the confirmation is not granted, a written response stating the reasons must be issued within 03 working days.
What documents prove that a foreign employee is an executive director?
Under Article 19 of Decree 219/2025/ND-CP, documents proving executive director status include: certificate of registration of branch operations, representative office operations, or business location registration; company charter or organizational structure documents; and the employer's written confirmation of the employee's years of experience. Executive directors must demonstrate at least 3 years of experience in a relevant field.
Is there a fee for the work permit exemption confirmation?
Fee schedules vary by province. The state fee for work permit issuance typically ranges from VND 400,000 to VND 600,000 per permit, depending on the locality. Exemption confirmation fees may be lower or waived in certain provinces. You should verify the exact amount with the local receiving office before submitting your application.