Hanoi Issues Guidance on Work Permit Procedures for Foreign Employees
Issued on September 4, 2025, the guidance aims to resolve difficulties faced by enterprises, organizations, and institutions in Hanoi when applying the provisions of Decree No. 219/2025/ND-CP on foreigners working in Vietnam.
Authorization for the Department of Home Affairs
Under Decision No. 4464/QD-UBND issued by the Hanoi People’s Committee, the HDHA has been authorized to perform state management functions relating to foreign employees in the city. The scope of authorization includes:
- Administrative procedures: Issuing, re-issuing, extending, and revoking work permits, work permit exemption certificates (WPECs);
- Employer notifications: Receiving and handling notifications from employers with headquarters, branches, representative offices, or business locations outside industrial zones and hi-tech zones in Hanoi, as required under Decree 219;
- Enforcement and compliance: Conducting awareness and dissemination of regulations, as well as inspection and enforcement actions regarding the recruitment and management of foreign workers; and
- Reporting obligations: Consolidating both periodic and ad-hoc reports on the situation of foreign employees in Hanoi, including data provided by the Management Boards of the city’s industrial and hi-tech zones, and submitting these to the Ministry of Home Affairs.
The authorization is valid from the effective date of the decision until December 31, 2025.
Key work permit procedures covered in Hanoi’s OL 5256
In accordance with the authorized function, the HDHA official letter outlines detailed instructions for 11 key procedures regarding foreign worker management in Hanoi, including:
- Filing work permit applications;
- Issuance of work permits, including new applications and special cases;
- Work permit extensions;
- Re-issuance of work permits (procedure for lost, damaged, or amended permits);
- Confirmation of work permit exemption (application for WPECs);
- Notification on WPEC-waived cases;
- Revocation of work permits;
- Reporting foreign employees working within Hanoi’s territory;
- Occupation codes;
- Recruitment reports and notifications; and
- Categories of work permit exemptions.
Cases exempt from work permits
The guidance provides clarification on categories of foreign employees who are not required to obtain a work permit when working in Hanoi. These include:
- Senior representatives: Heads of representative offices, project managers, or those responsible for the operations of international organizations and foreign NGOs in Vietnam;
- Short-term assignments: Foreigners entering Vietnam for less than three months to offer services, handle incidents, or address complex technical or technological issues that local experts cannot resolve;
- Legal professionals: Foreign lawyers licensed to practice under Vietnam’s Law on Lawyers;
- International agreements: Individuals exempt under treaties to which Vietnam is a signatory;
- Family ties: Foreigners married to Vietnamese citizens and residing in Vietnam;
- Investors and business leaders: Owners or capital-contributing members of limited liability companies with contributions of at least VND 3 billion (US$113,658), and chairpersons or board members of joint-stock companies with contributions of at least VND 3 billion;
- Development projects: Foreigners providing consultancy or technical services under Official Development Assistance (ODA) projects governed by international treaties signed by Vietnam;
- Media professionals: Foreign journalists accredited by the Ministry of Foreign Affairs;
- Education sector: Foreigners assigned by overseas authorities to teach or manage institutions established under diplomatic or intergovernmental agreements in Vietnam;
- Students and trainees: Foreign students, interns, or trainees studying in Vietnam or interning under agreements with Vietnamese employers; trainees on Vietnamese vessels;
- Diplomatic and special cases: Dependents of diplomatic staff permitted to work under international treaties, holders of official passports working in state or political organizations, and volunteers recognized by foreign diplomatic missions or international organizations;
- Specialized experts: Managers, executives, specialists, and technical workers working under 90 days per year, or those transferred internally within enterprises operating in Vietnam’s 11 World Trade Organization (WTO)-committed service sectors (with at least 12 months of prior employment abroad);
- Education collaboration: Individuals confirmed by the Ministry of Education and Training to participate in international education programs, teaching, or management roles in foreign-established institutions in Vietnam;
- Strategic sectors: Foreigners confirmed by ministries, ministerial agencies, or provincial authorities to work in fields such as finance, science, technology, innovation, or digital transformation; and
- Multiple assignments: Foreign employees who already have a granted exemption certificate and need to work across multiple provinces or cities for the same employer.
Implications for businesses
The new guidance provides clarity for employers in Hanoi on handling foreign labor procedures. Companies should review whether their foreign hires qualify for exemptions to streamline compliance and avoid unnecessary administrative processes. At the same time, enterprises must ensure accurate reporting and documentation to align with the requirements set by the HDHA.
