On 24 March 2026, the Ministry of Home Affairs issued Decision No. 346/QD-BNV on the publication of amended and supplemented administrative procedures relating to foreign employees working in Vietnam in the field of employment under the state management functions of the Ministry of Home Affairs (“Decision 346”), thereby repealing the previous Decision No. 886/QD-BNV dated 11 August 2025 (“Decision 886”).
With respect to the procedure for issuance of work permits (“WP”) for foreign employees (“FEs”) in Vietnam, ATA Legal Services previously published an article highlighting several notable updates introduced under Decree No. 219/2025/ND-CP, which may be referred to here: DECREE No. 219/2025/ND-CP: INTEGRATION OF THE PROCEDURE FOR REPORTING AND EXPLAINING THE DEMAND FOR EMPLOYING FOREIGN EMPLOYEES WITH THE APPLICATION FOR WORK PERMITS.
One of the key features of Decree 219 is the consolidation of two separate procedures—(i) reporting and explaining the demand for employing FEs and (ii) applying for a WP—into a single procedure, thereby helping enterprises save time and reduce administrative costs.
In line with this approach, Decision 346 of the Ministry of Home Affairs provides detailed regulations on dossier components and implementation procedures for issuance of WPs to FEs by separately and clearly setting out procedures and required documents applicable to each category of employee and each specific circumstance. This is intended to facilitate employers (“Employers”) in carrying out such procedures.
1. Procedural Order
Decision 346 completely abolishes the step requiring the report and explanation of the demand for employing FEs. Accordingly, an Employer wishing to obtain a WP for an FE only needs to submit the WP application dossier to the Public Administrative Service Center in:
- the locality where the FE is expected to work; or
- the locality where the Employer’s head office is located (in cases where the FE works for one Employer in multiple centrally governed provinces/cities).
2. Application Dossier Components
In principle, the dossier components remain substantially the same as those under former Decision 886. However, Decision 346 separately regulates requirements for each category of FE (manager, executive director, expert, technical worker) and for situations involving amendment/change of employment information stated in the WP, specifically:
- New WP Application for FEs being Managers, Executive Directors, Experts, or Technical Workers
The general required documents include:
- Written request from the Employer explaining the demand for employing foreign employees and requesting issuance of a WP in the prescribed form.
- Health certificate.
- Valid passport.
- Criminal record certificate or document confirming that the FE is not currently serving a criminal sentence, has not had an unspent conviction, and is not under criminal prosecution.
- Two color photos.
- Documents proving that the FE is a manager, executive director, expert, or technical worker.
- Documents evidencing the FE’s form of employment.
- FE Already Holding a Valid WP and Wishing to Work for Another Employer in the Same Position and Field
In addition to documents required for a new application, the FE is exempt from submitting:
- Health certificate;
- Criminal record certificate.
However, the FE must additionally submit documents confirming the current employment status, such as:
- Employer’s confirmation that the FE is currently working;
- Copy of the issued WP.
- FE Already Holding a Valid WP and Wishing to Change Job Position or Form of Employment Stated in the WP Without Changing Employer
In addition to documents required for a new application, the FE is exempt from submitting:
- Health certificate; and
- Criminal record certificate.
The FE must also submit a copy of the issued WP.
- FE Whose WP Has Been Extended and Who Wishes to Continue Working in the Same Position and Field
In addition to documents required for a new application, the FE is exempt from submitting the criminal record certificate and must submit a copy of the issued WP.
3. Notable New Points Regarding Application Documents
3.1. Allowing the Use of Criminal Record Certificates Issued by Competent Foreign Authorities
Decision 346 provides that the criminal record certificate or confirmation document proving that the FE is not currently serving a criminal sentence, has not had an unspent conviction, and is not under criminal prosecution may be one of the following:
- A criminal record certificate or confirmation document issued by Vietnam within 6 months from the date of issuance to the date of dossier submission, except where integrated administrative procedures for issuance of criminal record certificates and work permits have been implemented pursuant to Clause 3, Article 6 of Decree No. 219/2025/ND-CP; or
- A criminal record certificate or confirmation document issued by a foreign country within 6 months from the date of issuance to the date of dossier submission.
3.2. Adjustments to Certain Contents Relating to the Forms of Employment of FEs in Vietnam
Accordingly, Employers should note the forms of employment to be stated in the WP application dossier as follows:
- Decision 346 removes the form of employment of “participating in the implementation of bidding packages or projects in Vietnam”;
- Decision 346 requires that the form of employment of “offering services in Vietnam” must have a duration of more than 03 months.
Decision 346 takes effect from 24 March 2026.
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