In an increasingly globalized economy, the recruitment and placement of senior foreign managers and executive directors are essential for many companies seeking to strengthen governance, transfer specialized knowledge, and drive strategic growth. Applying for a work permit is a mandatory administrative step that ensures these senior executives can lawfully perform managerial duties in the host country. A complete, accurate, and well-organized application dossier reduces processing time, minimizes legal and compliance risks, and demonstrates the employer’s commitment to meeting statutory requirements.
- Definitions of Managers and Executive Directors under Vietnamese Law
Pursuant to Article 3 of Decree No. 219/2025/ND-CP on foreign employees working in Vietnam, these positions are defined as follows:
Manager
A foreign employee is considered a manager if they fall under one of the following cases:
- The head of a branch, representative office, or business location of an enterprise;
- A person who directly manages and operates a specific field within an agency, organization, or enterprise and has at least 03 years of experience in a field relevant to the intended job position in Vietnam.
Executive Director
A foreign employee is considered an executive director if they fall under one of the following cases:
- A business manager as defined in Clause 24, Article 4 of the Law on Enterprises, including: private enterprise owners, general partners, Chairpersons and members of the Members’ Council, Chairpersons of the company, Chairpersons and members of the Board of Directors, Directors or General Directors, and other managerial positions as prescribed in the company’s charter;
- The head or deputy head of an agency or organization in accordance with the law.
- Work Permit Application Dossier for Managers and Executive Directors
(i) Approval of Demand for Foreign Employees
Before submitting a work permit application, the employer must prepare an explanation of the demand for employing foreign workers in accordance with Form No. 03 issued under Decree No. 219/2025/ND-CP.
In practice, enterprises are typically required to provide a job posting link for Vietnamese workers to demonstrate that recruitment efforts have been made domestically, but no suitable candidates were found, in compliance with the 2019 Labor Code.
(ii) Personal Identification Documents
To verify the legal identity of the foreign employee, the application dossier must include:
- A valid passport;
- Portrait photos: 02 color photos (4×6 cm), white background, front-facing, without headwear or glasses.
(iii) Health Certificate and Criminal Record Documents
Foreign employees must provide the following documents to prove their eligibility to work in Vietnam:
- Health certificate: issued by a qualified medical institution and valid within 12 months from the date of submission;
- Criminal record certificate or a document confirming no criminal record and no ongoing criminal prosecution, issued within 06 months from the date of submission.
(iv) Documents Evidencing the Working Arrangement in Vietnam
These documents vary depending on the specific case, such as:
- Intra-company transfer
- Implementation of economic or social contracts; participation in projects or bidding packages in Vietnam
- Service providers under contracts
- Service sales activities
- Assignment or transfer from foreign agencies, organizations, or enterprises to Vietnam
Note: The documents under items (i), (ii), (iii), and (iv) are generally similar to those required for experts and technical workers. For more details, please refer to:
(v) Documents Proving Position, Qualifications, and Experience
For Managers
The foreign employee must provide one of the following:
- The company charter and documents proving their managerial position;
- Appointment or assignment decisions for managerial positions in accordance with the Law on Enterprises;
- Establishment license of the agency or organization;
- Appointment documents for the head or deputy head of an agency or organization.
For Executive Directors
The foreign employee must provide one of the following:
- Certificate of registration of operation of a branch, representative office, or business location;
- The company charter or documents defining the organizational structure;
- Written confirmation from the foreign employer regarding the number of years of relevant work experience.
If the foreign employee has previously worked in Vietnam, they may use an issued work permit or a certificate of exemption from the work permit requirement as a substitute for documents proving relevant work experience.
In conclusion, a properly prepared work permit application dossier is a critical element for enabling foreign managers and executive directors to assume leadership roles lawfully and effectively. Attention to documentary completeness—such as qualifications, employment contract, proof of managerial status, health certificates, and criminal record checks—together with compliance with eligibility criteria, will significantly increase the likelihood of timely approval. Employers should stay current with regulatory changes, follow prescribed administrative procedures, and consider professional assistance when necessary to avoid delays or refusals. By ensuring compliance and efficient dossier preparation, organizations can secure the managerial talent they need to enhance governance, foster knowledge transfer, and support sustainable business development.
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1. Lawyer Vu Thi Phuong Thanh, Chairman of the Members’ Council, Ha Noi Bar Association
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Dinh Phuong Thao