Hiring a foreign employee: the roadmap from pre-hiring checks to the temporary residence card

Hiring a foreign national involves more than signing a contract. Before that person can work and stay long term, the business has to go through a chain of procedures: determining the category, applying for a work permit or confirmation of exemption, sponsoring the visa, registering temporary residence and applying for a temporary residence card. Each stage has a different party responsible, and a delay at one stage holds up the whole roadmap.

From 07/8/2025, work permit procedures follow Decree 219/2025/NĐ-CP, which replaces Decree 152/2020/NĐ-CP and Decree 70/2023/NĐ-CP. Checklists and forms prepared under the two old decrees can no longer be used for new applications. Below is the full roadmap from the employer's perspective.

Before hiring: review the category and position

The first task is not collecting documents but working out which category the candidate falls under. The answer determines the application, the timeline and the type of temporary residence card later on. HR should do this together with the legal department or an advisory firm, before agreeing a start date with the candidate.

The qualifications and years of experience required for each group of positions are set out in Decree 219. Check directly against the current regulation or ask the receiving authority, as many articles online still cite the old rules.

• Determine whether the candidate needs a work permit or is exempt. If a permit is needed, the later residence card will be LĐ2; with a confirmation of exemption, it will be LĐ1.
• Place the position in one of four groups: manager, executive director, expert, technical worker.
• Check that the candidate's actual qualifications and experience match the intended group and job title.
• Check how long the passport remains valid, as the validity of the temporary residence card depends on the passport.
• For those working under an employment contract, prepare a notice recruiting Vietnamese workers for the position, following the guidance of the authority where the application is filed.

Step-by-step roadmap and who does what

The business is the party that files the work permit application and sponsors the visa and temporary residence card. The candidate is responsible for personal documents, particularly those that must be obtained abroad. HR acts as the coordinator between both sides.

Work permit applications are filed with the provincial People's Committee where the employee is expected to work, via the Public Administrative Service Centre, by public postal service or online. Temporary residence card applications are filed with the Immigration Department or the Immigration Office of the provincial Police, and can be submitted online.

• Step 1, done by the candidate with HR guidance: obtain a criminal record certificate, qualifications and proof of experience; get Apostille certification or consular legalisation; have them translated and certified; take a health check at an eligible medical facility.
• Step 2, done by the business: prepare the work permit request using Form No. 03, which includes the explanation of the need to hire; attach documents proving the form of employment, such as the proposed employment contract.
• Step 3, the business files the work permit application within 60 days and no later than 10 days before the expected start date.
• Step 4, the business sponsors and the candidate receives the visa: if the candidate is abroad, the business completes the entry sponsorship procedure so the candidate can receive a work visa.
• Step 5, done by the employee's place of residence: register temporary residence at the address where the person lives.
• Step 6, filed by the business: the temporary residence card application comprises the sponsoring organisation's request (NA6), the declaration form (NA8), the original passport, 02 photos sized 2x3 cm, and the work permit or confirmation of exemption.

How long it takes

Dealings with government authorities have fairly clear time limits. The unpredictable part is the candidate's documents from abroad, which usually take the longest and vary by country. So start this stage as soon as the candidate is confirmed rather than waiting until close to the start date.

The time limits below run from when the authority receives a complete, valid application. If additional documents are requested, it takes longer. Realistically, plan for anything from a few weeks to a few months in total, depending on the case.

• Documents from abroad and certification: no standard time limit, depends on the issuing country; this is the stage that needs the most generous allowance.
• Work permit: 10 working days under Decree 219.
• Work visa: usually a few working days for the sponsorship, plus the time for the candidate to collect the visa; check with the immigration authority.
• Temporary residence card: no more than 05 working days, whether filed in person or online.
• A labour temporary residence card is valid for a maximum of 02 years, must expire at least 30 days before the passport (Article 38 of Law 47/2014/QH13), and in practice does not exceed the validity of the work permit.

What the costs include

Businesses should budget by category of cost rather than a single all-in figure. Immigration fees currently follow Circular 25/2021/TT-BTC; work permit fees are set by each locality, so each province and city has its own rate. Fees may change, so check with the collecting authority before paying.

• Government work permit fee: as set by the locality where the application is filed.
• Visa fee: USD 25 for a single-entry visa under Circular 25/2021/TT-BTC.
• Fee for a temporary residence card valid for up to 2 years: USD 145 under Circular 25/2021/TT-BTC.
• Third-party costs: criminal record certificate, health check, Apostille or consular legalisation, notarised translation.
• Other costs: service fees if using an advisory firm, flights, compulsory social insurance as required once the employment contract is signed.

Common HR mistakes

Most delayed applications are held up not by missing rare documents but by mistakes that could have been avoided from the outset. These are the errors, drawn from current regulations, that HR should check for before filing.

• Following the old process: seeking a separate approval of the need to hire, using Forms 01/PLI and 02/PLI, or trying to file with the Department of Labour, Invalids and Social Affairs. Under Decree 219, the explanation of need is part of Form No. 03.
• Filing outside the time window: earlier than 60 days or later than the 10-day mark before the start date.
• A criminal record certificate issued more than 6 months before filing, meaning a new one must be obtained and the whole certification chain redone.
• Proof of experience that does not match the job title and description in the application, or does not clearly state the position and period of employment.
• Not checking the passport: a passport close to expiry results in a short temporary residence card.
• Confusing LĐ1 and LĐ2 cards, or forgetting that the confirmation of work permit exemption also has an expiry date.
• Letting the candidate enter on a tourist visa or e-visa and planning to convert later; conversion is only allowed in certain cases and must be checked in advance.
• Letting the employee start work before the permit has been issued.

After the temporary residence card: what to keep track of

Getting the temporary residence card does not mean the job is done. The business still has obligations throughout the period it employs foreign workers. The 6-monthly and annual periodic reports have been abolished, but authorities may still request ad hoc reports.

• Set up a schedule tracking the expiry dates of each person's passport, work permit and temporary residence card.
• File the work permit extension when the permit has 10 to 45 days remaining; a permit can only be extended once, for up to 2 years.
• Notify the competent authority when the employee goes to work in another province or city.
• Obtain a new permit when the employee changes position, changes form of employment or moves to another business.

How Gateway can help

Gateway works with HR teams on the entire work permit process, from reviewing the category to receiving the permit, and advises on the next step, the temporary residence card. Service fees are quoted case by case; government fees and third-party costs are charged separately.

• Review the position, qualifications and experience to determine the right category: new permit, exemption or extension.
• Send document lists to the employee and the business; assist with the health check, criminal record certificate, Apostille or consular legalisation, and translation.
• Prepare the application for the business to sign and stamp; file it, follow up and provide explanations when the authority requests them.
• Collect the work permit, hand it over and advise on the temporary residence card procedure.