Employer Responsibilities for Managing Foreign Employees in Vietnam

You are preparing to hire a foreign expert, manager or skilled worker but are not sure who is mainly responsible for the dossier. Employer responsibilities for managing foreign employees are the core issue that businesses, organisations and even individual business owners need to understand correctly from the start.

If the steps are incomplete or deadlines are missed, work can be interrupted. Preparing carefully in line with the regulations will therefore give both the employer and the foreign employee greater peace of mind.

📌 Who Is Considered an Employer Under Decree 219/2025/ND-CP?

Under Article 2 of Decree 219/2025/ND-CP, an employer of a foreign employee includes an enterprise, agency, organisation, contractor, foreign diplomatic mission in Vietnam, and an individual permitted to conduct business activities in accordance with the law.

In other words, responsibility does not rest only with large enterprises. A contractor, an organisation or a legally operating individual business owner who uses foreign labour must also carry out the relevant procedures.

A foreign employee in this context is a foreign citizen coming to work in Vietnam in prescribed positions, in forms such as working under a labour contract, intra-company transfer, working under an economic contract, providing services, volunteering, and other forms listed in Article 2.

To understand this group more clearly, you can refer to Who Is Considered a Foreign Employee Working in Vietnam?

Correctly identifying the employer is the first step. Only then can the competent authority, the place to submit the dossier, and the responsibility for follow-up after the permit is issued be clearly determined.

🧭 Responsibility for Preparing and Submitting a Compliant Dossier

The employer is the party that submits the dossier requesting issuance, re-issuance and extension of a work permit, and a confirmation that the employee is not subject to a work permit. The foreign employee does not submit these applications on behalf of the employer.

Before submitting a dossier, the employer needs to prepare complete documents for each specific case. The list of documents will differ depending on whether it is a new application, a re-issuance or an extension.

Some documents that usually need careful preparation include a request in the prescribed form, a health certificate, a valid passport, a photo in the prescribed size, and documents proving the job position and form of work.

For a work permit, the dossier also requires a judicial record certificate or a confirmation document as prescribed, together with documents proving that the employee is a manager, executive director, expert or skilled worker.

You can see this list in detail in What Documents Are Needed for a Work Permit Application?

As well as preparing documents, the employer must submit them on time. For a work permit application, the submission period is within 60 days but not less than 10 days before the date the foreign employee is expected to start work.

Late or incomplete submission may lead to the dossier being returned, requiring supplementation, or not being approved. Employers should therefore plan their timeline early, especially when foreign documents need consular legalisation and translation and certification.

📝 Responsibility for Explaining the Need and Signing a Contract

In a work permit dossier, the employer must include a written report explaining the need to use foreign labour and requesting issuance of a work permit in the prescribed form.

The explanation should clearly state the job position, work field, form of work, work location, duration of work, and the professional and technical qualifications of the foreign employee, if any.

For certain forms of work such as working under a labour contract, participating in a bidding package or project, or working for a foreign diplomatic mission or foreign organisation, the employer and the foreign employee must sign a written labour contract in accordance with Vietnamese labour law before the expected start date.

When requested, the employer must send a copy of the signed labour contract to the competent authority that issued the work permit. This is an important responsibility to note to avoid risks during inspections.

The employer must also ensure that the actual job position, form of work and work location match the approved content. If there are changes, the prescribed procedures should be followed rather than making an unauthorised transfer.

🔄 Responsibility for Notification, Re-issuance and Extension

During management, the employer must track the validity of the work permit and the confirmation of exemption from a work permit so that extension procedures can be carried out in time.

An extension must be carried out at least 10 days but no more than 45 days before expiry. Submitting too early or too late can affect the processing of the dossier.

When a work permit is lost, damaged and unusable, or its content changes, such as the full name, nationality, passport number, or a change in the name of the employer without a change in the identification code, the employer must apply for re-issuance.

Where a foreign employee works for the same employer in more than one province or centrally-run city, at least 3 days before the expected start date, the employer must notify the competent authority in the place where the employee is expected to work.

The notification should include basic information about the employee, the work permit number, the name of the employer, and the start and end dates of work, not exceeding the validity of the issued permit.

🏛️ Coordination with Management Authorities Under Article 36 of Decree 219/2025/ND-CP

Article 36 of Decree 219/2025/ND-CP sets out the responsibilities of state agencies in managing foreign employees. The provincial-level People’s Committee is responsible for managing and guiding local employers to implement legal regulations.

The provincial-level People’s Committee also carries out legal dissemination, inspection, examination and handling of violations in accordance with regulations on recruiting and managing foreign employees in the area.

This means employers need to cooperate when inspections are requested, provide information, and correctly implement the regulations guided at the local level. Clear coordination helps management to be transparent and reduces risk for both sides.

Employers should also note their responsibility to recover and return a work permit or confirmation when the document expires, work ends, or it falls under a case requiring recovery as prescribed.

You can learn more about this process in How Is a Work Permit or Exemption Certification Revoked?

If the document cannot be recovered, the employer must state the reason as prescribed. Delays at this stage can make immigration management and tracking of foreign employees more difficult.

⚠️ Practical Notes to Avoid Mistakes

A common mistake is to focus only on obtaining the permit and forget to track its validity, changes in job position, or changes in work location. All of these changes need to be handled through the correct procedures.

Another mistake is preparing inconsistent documents. For example, information about the job position, form of work and duration of work in the request should match the contract, assignment letter, or documents proving experience.

Employers should also carefully check that the passport is still valid, the health certificate is still valid for use, and foreign documents have been consularly legalised, translated and certified where required.

In all cases, employers should read the labour contract terms, related agreements carefully, and check the latest information from the competent authority at the local level before submitting a dossier.

If you are unsure about your case, please contact a consultancy or the local labour management authority for specific guidance. Asking in advance will be much gentler and more cost-effective than supplementing a dossier many times.

✅ Employer Responsibility Checklist

Below is a short checklist for employers to review before and during the use of foreign labour:

• ☐ Correctly identify the employer and the competent authority at the local level where the employee is expected to work
• ☐ Prepare the request, the report explaining the need, and documents proving the job position in the prescribed form
• ☐ Check the valid passport, health certificate, photo, and documents proving the form of work
• ☐ Submit the dossier within the prescribed period and track its progress through the Public Administrative Service Centre or the National Public Service Portal
• ☐ Sign a written labour contract when required and send a copy when requested
• ☐ Notify in advance before the employee works in another province or centrally-run city, or when notification is required
• ☐ Track the validity of the work permit and carry out extension or re-issuance procedures when needed
• ☐ Recover and return the work permit or confirmation when it expires or work ends
• ☐ Coordinate with the local management authority when inspections, reports or information are requested

We hope this checklist helps you, your family and your business manage foreign employees clearly, in line with regulations, and with greater peace of mind on your working journey in Vietnam.

If you need support to learn about information or procedures, please contact us via Website: 0347674755 – Nhanh chóng, uy tín at https://paa.vn for specific guidance for each case.