Vietnam Work Visa vs Work Permit: What’s the Difference?

Work visas and work permits are important documents for foreigners planning to work in Vietnam or for Vietnamese enterprises employing or inviting foreigners to work long-term in Vietnam. A work visa is required for all foreigners entering Vietnam for work purposes, while a work permit is required in certain cases. These documents have different functions and are issued by different authorities.

The following guide clarifies the definitions, key differences, application procedures, common misunderstandings, consequences, and important notes while applying for and using Vietnam work visas and work permits in compliance with the law.

1- What is Vietnam work permit and Vietnam work visa?

Understanding the definition is the first and foremost step for both foreign workers and Vietnamese employers to learn further about each type and facilitates subsequent legal procedures later on.

1.1. What is a Work Visa?

Work Visa (LĐ visa) is a type of visa issued by the immigration authorities to foreigners entering Vietnam for work purposes. It is a mandatory requirement for foreigners to legally enter and reside in Vietnam and process further subsequent procedures such as applying for a temporary residence card (TRC), extensions, renewals, changes in purpose, etc.

LĐ visas have 2 types:

LĐ1: For foreigners who are exempt from a work permit.
LĐ2: For foreigners who are required to obtain a work permit before applying for a work visa.

Requirements for applying for a work visa:

LĐ1: Requires a work permit exemption certificate.
LĐ2: Requires a valid work permit.

1.2. What is a Work Permit?

Work Permit is a legal document issued by the Department of Labor or Ministry of Labor War Invalids and Social Affairs, allowing foreigners to work legally in Vietnam. It is a mandatory requirement for obtaining an LĐ2 visa and applying for a long-term TRC.

Who needs a work permit?

Foreign experts, directors, managers, or technical workers.
Foreigners working for a long term at a Vietnamese enterprise or organization.

=> Requirements for applying for a work permit: Having an employment contract or appointment letter, a professional qualification, good health, and a valid background check.

2- What are the differences?

Work visas and work permits are often confused because both relate to foreign employment in Vietnam. However, they are two different documents in terms of features, purpose, and legal validity.

A work visa is the initial step for a foreigner to enter and stay in Vietnam to work, while a work permit is a condition for legal employment. These documents are not interchangeable and, in cases where a work permit is required (LĐ2), they must be obtained together.

Work Visa	Work Permit
Definition An entry visa to ENTER VIETNAM for work purposes	Definition A legal document to WORK LEGALLY in Vietnam
Authority Immigration Department - Ministry of Public Security or Vietnamese representative agency abroad	Authority Department or Ministry of Labour, Invalids and Social Affairs
Types LĐ1: Not require work permit LĐ2: Require work permit	Types N/A - mandatory for visa LĐ2
Function Allowing foreigners to enter and reside legally in Vietnam	Function Allowing foreigners to work legally in Vietnam
Maximum validity 3–12 months (depending on each case)	Maximum validity Up to 2 years
Extension ability Yes – according to the remaining validity of the work permit or exemption certificate (normally up to 12 months each time)	Extension ability Yes – may be extended once, for a period of up to 2 years (subject to current regulations)
Condition - Has a sponsoring business/ organization - Has a work permit for visa LĐ2	Condition Meets professional qualifications, health requirements, and experience requirements
Procedures - The sponsoring company applies for an approval letter - The foreigner shows the approval letter and receives a visa at the embassy or at a Vietnam international airport.	Procedures The sponsoring company submits the application and receives a work permit at the Department/ Ministry of Labor, Invalids and Social Affairs.
Is it compulsory? Yes - To enter Vietnam for work purpose	Is it compulsory? No for visa LĐ1 Yes for visa LĐ2
Exemption cases No - Compulsory to enter Vietnam	Exemption cases Yes - 20 Exemption cases under Decree 70/2023/ND-CP
Consequences if don’t have Wrong entry purpose, deportation, or refusal of temporary residence permit	Consequences if don’t have Working illegally, fines ranging from VND 15 to 75 million, or deportation

3- Vietnam work permit exemption

In many cases, foreign workers are exempt from work permits and only need a visa LĐ1 to enter and work in Vietnam. Identifying these exemption cases helps both foreign workers and Vietnamese businesses follow the correct procedures while saving time and costs.

Foreign workers who are exempt from work permits still need to have their sponsor company to apply for the exemption certificate in order to obtain an LĐ1 visa.

3.1. Cases exempt from a Vietnam work permit

According to Article 154 of the 2019 Labor Code, Article 7 of Decree 152/2020/NĐ-CP, there are currently 20 cases eligible for Vietnam work permit exemption, including:

Investors and shareholders of limited liability companies with capital contributions of 3 billion VND or more.
Owners or capital contributors of limited liability companies with capital contributions of 3 billion VND or more.
Members of the Board of Directors of joint-stock companies with capital contributions of 3 billion VND or more.
Heads of representative offices of foreign organizations in Vietnam.
Foreign lawyers licensed to practice law in Vietnam.
Foreigners entering Vietnam to provide services for less than 3 months.
Foreigners entering Vietnam for less than 3 months to handle complex technical or technological issues.
Foreigners married to Vietnamese citizens and residing in Vietnam.
Foreigners working as managers, executive directors, experts, or technical workers for less than 30 days per entry, not exceeding 3 entries per year.
Experts providing consulting, repair, or maintenance services for machinery and equipment.
International journalists and reporters licensed by the Ministry of Foreign Affairs.
Relatives of members of foreign diplomatic missions in Vietnam, as specified in Decree 152/2020/ND-CP.
Foreign lecturers and teachers teaching in Vietnam.
Foreigners sent by competent foreign authorities to teach at international schools under diplomatic missions or the United Nations.
Volunteers participating in official programs.
Individuals working in Vietnam under international treaties to which Vietnam is a signatory.
Foreigners entering Vietnam to implement international agreements signed by competent central or provincial authorities.
Students studying abroad with internship agreements with Vietnamese agencies, organizations, or enterprises; trainees and apprentices working on Vietnamese ships
Official passport holders working for state agencies, political organizations, or socio-political organizations.
Individuals responsible for establishing a commercial presence in Vietnam.

3.2. Is a work permit exemption certificate necessary?

Definitely YES.

In cases where a work permit is exempted, a confirmation for exemption is still required for foreign workers to apply for a visa LĐ1 and legally enter Vietnam for employment. This confirmation may also be used to apply for an LĐ1 Temporary Residence Card and support for other administrative procedures.

3.3. Consequences of not obtaining a work permit exemption certificate

Being exempt from a Vietnam work permit does not mean that foreigners can work without any conditions. Working without a valid exemption certificate will be considered to be working illegally and will be subject to administrative penalties of up to VND 75 million and deportation from Vietnam.

4- How to apply for a work permit

The work permit (or exemption confirmation) must be applied before a work visa. For visa LĐ2, you need to apply for a work permit by preparing documents and following the steps below:

4.1. Documents

Application for a work permit (Form 03, under Decree 219/2025/NĐ-CP)
Notarized copy of a valid passport
Medical certificate (issued within the last 12 months)
Criminal record certificate (issued within the last 6 months)
Diplomas, certificates, and documents proving relevant work experience
Employment contract or proposed employment agreement
4x6 photo with white background

4.2. Procedure

Step 1: The business applies for approval of foreign labor demand to the Department of Labor, War Invalids and Social Affairs (DOLISA). Wait for the processing time within 10 working days.
Step 2: The business receives the work permit approval and prepares all documents required.
Step 3: Submit all documents to DOLISA and wait approximately 5–7 working days.
Step 4: If application is approved, the business receives the work permit with maximum validity of up to 2 years.

5- How to apply for a work permit exemption confirmation

For visa LĐ1, foreign workers don’t need a work permit but must apply for a confirmation of work permit exemption.

5.1. Documents

Application for a work permit exemption confirmation (Form 02, under Decree 219/2025/NĐ-CP)
Notarized copy of a valid passport
Medical certificate (issued within the last 12 months)
Document approving the need to employ foreign workers (if required)
Documents proving the foreign worker is exempt from work permit requirements (appointment decision, service contract, marriage certificate, etc.)

5.2. Procedure

Step 1: The business applies for approval of foreign labor demand to the Department of Labor, War Invalids and Social Affairs (if required).
Step 2: Prepare and submit the application to DOLISA. Wait for 5 working days.
Step 3: If application is approved, the business receives the work permit exemption confirmation.

6- How to apply for a work visa

Foreigners can apply for a work visa after obtaining a work permit or exemption certificate.

6.1. Documents:

Valid work permit or exemption certificate
Application form NA2 (sponsorship document)
Application form NA16 (company information)
Passport and flight information, visa collection location

6.2. Procedure:

Step 1: The sponsoring company submits the visa application to the Immigration Department or via the Ministry of Public Security’s Public Service Portal. Processing time: 3 - 5 working days
Step 2: The company receives the approval letter and sends it to the foreign worker.
Step 3: The foreign worker has the visa stamped at the Vietnamese Embassy or Consulate abroad or Vietnam International Airport (for visa on arrival).

Notes: After entering Vietnam, the foreign worker may apply for a Temporary Residence Card (LĐ1 or LĐ2) with a validity equivalent to work permit or exemption certificate (up to 2 years). This application will be prepared and submitted to the Immigration Department or the provincial Immigration Management Office by the sponsoring company.

7- Can a visa replace a work permit?

No. Work visas and work permits cannot replace each other. They are two separate documents with different functions, under different laws, and in most cases, must be obtained together.

Work visa	Work permit
Under which law? Vietnam's immigration law	Under which law? Labor law
Administered by? Ministry of Public Security through the Immigration Department	Administered by? Ministry of Labor, War Invalids and Social Affairs
Function - Governs entry, exit, and residence - Permits foreign nationals to enter and stay in Vietnam for employment purposes	Function Allows foreign nationals to work legally in Vietnam
When is granted? Have a work permit or work permit exemption confirmation	When is granted? When eligible for legal employment
Consequences if not having - Cannot enter Vietnam to work - Violate Vietnam law - Cannot apply for a TRC	Consequences if not having - Cannot apply for a visa LĐ2 - Cannot work legally in Vietnam

Important notes:

Under Vietnamese law, there are 20 cases exempt from the work permit. These individuals may apply for a visa LĐ1 and only need to apply for a work permit exemption confirmation.
Individuals who are not exempt are not allowed to work in Vietnam without a work permit, even if they hold a work visa.
A visa LĐ2 must always be accompanied by a valid work permit. Working without a work permit is a legal violation and may result in the following penalties:
- Administrative fines: from VND 30 to 75 million.
- Termination of employment and deportation from Vietnam.

8- Common mistakes & consequences during work permit and work visa application

Understanding common mistakes and misunderstandings in work permit and work visa applications helps both businesses and foreign workers save time and costs, and minimizes legal risks.

8.1. Misuse of visas for working

Visas issued for non-working purposes, such as tourist (DL), business (DN), or visiting-relative visas (TT, VR), do not permit work in Vietnam. Using a visa for an incorrect purpose is a violation of Vietnamese law.

Consequences:

Refusal of visa extension
Refusal of temporary residence applications
Deportation and temporary entry bans
Ineligibility to work legally in Vietnam

8.2. Wrong work visa type (LĐ1 & LĐ2)

Applying for the incorrect type of work visa (LĐ1 & LĐ2) is not only an administrative mistake but it can also cause serious consequences for both foreign workers and sponsoring businesses. This mistake includes:

Applying for an LĐ1 visa for individuals who are not exempt from a work permit.
Applying for an LĐ2 visa for individuals without a valid work permit.

Consequences:

Wrong entry purpose
Visa application refusal
Re-application causes delays in personnel deployment
Rejection of temporary residence permit applications

8.3. Incorrect & incomplete documentation

While applying for a visa or work permit, some documentation mistakes may include:

Uncertified or improperly translated documents
Submitting expired medical or criminal record certificates
Work experience cannot be proved in writing
Using incorrect application forms

Consequences:

Application rejection
Processing delays
Disrupting the company’s employment planning

8.4. Working without a work permit

In some cases, foreign workers enter Vietnam with a work visa or have their visa converted to LĐ2 while their official work permit has not yet been granted. Starting to work without a work permit is a violation.

Consequences:

Foreign workers: Forced termination of employment and possible deportation.
Employers: Administrative fines from VND 30 to 75 million and placed on a strict monitoring list for 12 months.

8.5. Not applying for a work permit exemption certificate

An LĐ1 visa is only valid when accompanied by a work permit exemption certificate. If you are exempt from a work permit, an exemption certificate is compulsory.

Consequences:

Rejection of the visa application
Not allowed to work in Vietnam
Forced termination of employment and possible deportation from Vietnam

8.6. Late visa or work permit extension

Work permits, visas, and temporary residence cards have specified validity periods and must be renewed on time. Late extension or renewal may lead to serious legal consequences.

Consequences:

Illegal residence and employment
Administrative penalties and possible deportation
Ineligibility to apply for extension, need to reapply for a new visa or work permit.

8.7. Lack of work permit for temporary residence card application

In some eligible cases, foreigners enter Vietnam on an LĐ2 visa without a work permit for short-term technical assignments (under 3 months). They cannot apply for a long-term TRC without a valid work permit or work permit exemption certificate.

Consequences:

Foreign workers must leave Vietnam and reapply for a work visa and work permit
Delays to the company’s human resource plans
Increased costs due to repeated applications, airfare, and accommodation expenses

9- Important notes on applying for and using Vietnam work visas and work permits

Based on common mistakes, here are essential things to note when applying for and using a Vietnam work visa and work permit you need to know.

9.1. Understand the nature of work visas and work permits

A work visa cannot replace a work permit. A visa only permits entry and stay in Vietnam, NOT authorizing work. Legal employment requires either a work permit or an exemption certificate.

9.2. Identify the correct visa type: LĐ1 or LĐ2

Foreign workers must carefully review work permit waiver cases under Decree 152/2020/ND-CP to determine the correct visa type and whether they need a work permit. Applying for the wrong visa or entering for the wrong purpose causes legal risks and requires restarting the application process.

LĐ1 visa: Exempt from work permits => Need a work permit exemption certificate.
LĐ2 visa: Required to obtain a work permit => Only work after the work permit is issued.

9.3. Do not work until procedures are complete

Foreigners are not allowed to work while waiting for a work permit or exemption confirmation. It is a legal violation and may result in fines, termination of employment, or deportation.

9.4. Work permit exemption requires a confirmation

Permit-exempt workers are only permitted to work if they have an exemption confirmation from the Department of Labor, Invalids and Social Affairs. Therefore, obtaining a confirmation for work permit exemption is a mandatory condition to start legal employment in Vietnam.

9.5. Check validity periods and renew on time

Visas, work permits, and TRC have specific validity periods and must be renewed before expiration. Late renewal may lead to penalties and disruption of employment.

Recommended renewal time is at least 30 days before expiration.

Work visa: 3-12 months
Work permit: Up to 2 years
TRC: Based on visa and work permit validity

9.6. Prepare complete and accurate documentation

Incomplete or incorrect documents may cause delays or rejection. Key points for companies and foreigners to note:

Submit documents in the correct format
Provide certified and correctly translated documents
Ensure documents proving qualifications and experience are valid
Use a valid medical and criminal record certificate

9.7. Do not misuse visas

Foreigners are not allowed to use visas with different purposes like travel, business, visiting relatives,... to work for a business. Misuse of visas will result in fines, deportation, and a negative residency history, affecting future visa applications.

9.8. Use professional visa services if necessary

If unsure about required documents and procedures, businesses and foreign workers may consider using professional services from Vietnamese agencies. This helps reduce risks, save time, and ensure full compliance with Vietnamese law.

10- FAQs

1. Is a work permit exemption automatically granted for working less than 90 days?
No. Exemption is only granted for certain individuals (experts, managers, executives, technical workers) who work for less than 90 days/year and 30 days/time. These individuals still need to obtain an exemption confirmation to work in Vietnam.

2. Can I start working after entering Vietnam with an LĐ2 visa?
As soon as you have an official work permit, you can start working in Vietnam. An LĐ2 visa allows you to enter and stay in Vietnam but not authorize working.

3. Can those exempt from work permits apply for a temporary residence card?
Yes, if you have a valid exemption confirmation and the correct visa type (LĐ1) and meet requirements.

4. Can I renew my work visa on its expiration date?
No. In most cases, renewal applications must be submitted before the expiration date, as processing typically takes 5-7 working days. Applying for extension on the expiration date may cause:

Rejection of the application
The visa being considered expired, leading to administrative penalties
Possible force to leave Vietnam
Need to apply for a new visa

The best time to extend your visa and other related documents like work permit or TRC is 30 days before expiration.

5. Can I work if I have submitted an application and am waiting for a work permit?
No. Foreign nationals are not permitted to work while their work permit application is pending, even if it has already been submitted and is under review. This violation may result in the following consequences:

For the business:

Administrative penalties ranging from VND 30 to 75 million
Under inspection and compliance monitoring

For the foreign worker:

Immediate suspension of work
Possible deportation
Increased difficulty in visa or TRC applications in the future

Disclaimer: This page is general information and does not replace legal advice. Requirements and procedures can vary by job role, employer, nationality, and current regulations.