Applying for a work permit for foreign workers in Vietnam is a critical yet potentially challenging process. To ensure smooth approval, businesses must strictly comply with legal regulations and avoid common mistakes that could delay or jeopardize the application. In this article, FTA LAW highlights the most frequent errors made during the work permit application process, helping companies complete their documentation more professionally and effectively.
Image: Key considerations when applying for a work permit for foreign employees
1. Poorly Written Job Postings That Don’t Match the Justification Report
Posting a job vacancy is a required step in the work permit application process. It serves not only as a legal obligation but also as proof that the company has genuinely sought Vietnamese candidates before proposing to hire a foreign worker.
However, many businesses make mistakes such as:
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Vague job descriptions with little detail on responsibilities or requirements
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Unrealistic requirements (e.g., excessive experience demands not justified by the role)
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Mismatched contact information or work location compared to the justification report
Incomplete or unclear job postings may cause authorities to question the legitimacy of the application, resulting in delays or even denial of the work permit.
Recommendations:
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Clearly state job title, responsibilities, and number of positions
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Set realistic and relevant qualifications, experience, and language skills
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Disclose salary, benefits, and working conditions transparently
If no suitable Vietnamese candidates are found, the company’s request to hire a foreign worker becomes more reasonable and likely to be approved.
Image: Transparent and accurate job postings help increase approval chances
2. Using Irrelevant Degrees and Work Experience
Another common reason for work permit rejection is submitting degrees or work experience that do not match the job being applied for. Some businesses may prioritize personal relationships over qualifications, submitting documents that don’t meet the legal standards.
This not only violates regulations but also raises red flags such as:
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Why is this candidate chosen despite lacking relevant experience?
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Is the company trying to circumvent the law?
Without appropriate qualifications and relevant experience, it becomes difficult to justify hiring a foreign worker. Explaining such mismatches convincingly to authorities can be a major challenge.
Recommendations:
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Hire candidates with relevant education and experience
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Carefully verify candidate profiles before submission
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Ensure consistency between the justification report and the application documents
3. Hiring for Positions Not Aligned With the Company’s Registered Business Scope
A serious but common mistake is hiring a foreign worker for a position unrelated to the company’s registered business field. This can lead to:
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Application rejection due to lack of legal basis
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Suspicion from authorities regarding the true intent of the hire
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Risk of administrative penalties or revocation of the work permit upon discovery
Foreign workers must work strictly within the role stated in the work permit. Any deviation could result in penalties for the employer and impact the company’s operations.
Recommendations:
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Ensure job roles match the company’s business license and registered activities
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Provide clear justification if the foreign worker’s role is essential
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Submit complete and transparent documentation
4. Inconsistent Information in Application Documents
Consistency across all submitted documents is essential but often overlooked. Discrepancies in employment history, qualifications, or prior applications can result in:
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Doubts about the accuracy and truthfulness of the application
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Prolonged processing times due to requests for clarification
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Potential administrative penalties if fraudulent information is uncovered
Recommendations:
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Double-check all documents for accuracy and consistency
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Cross-verify new submissions with previous filings
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Work with legal experts or consultants for a more thorough and compliant application
Image: Ensure consistency and completeness across all application materials
5. Conclusion
The work permit application process for foreign nationals in Vietnam is complex and requires meticulous preparation and strict legal compliance. Avoiding these common mistakes can significantly improve your chances of fast and successful approval. If you encounter challenges, FTA LAW’s experienced legal team is ready to assist your business in optimizing documentation and ensuring a smooth, lawful process.
Disclaimer: The above content is for reference only and does not constitute official legal advice from FTA LAW. For case-specific inquiries, please contact us at: support@ftalaw.vn – We are always ready to assist you.