The rejection of Work Permit applications is a fairly common issue for enterprises employing foreign workers. Even a minor mistake—such as using the wrong form, submitted documents being expired, lack of consular legalization, or filing with the wrong competent authority—can require businesses to supplement their dossiers, prolonging the licensing process and disrupting employment plans.
Under the currently effective Decree No. 219/2025/NĐ-CP, the procedures and required components for work permit applications have undergone significant changes. The article below summarizes 5 common mistakes that lead to work permit rejections and guides enterprises on how to prepare their dossiers correctly from the very first submission.
LEGAL BASIS
- Labor Code 2019 (Law No. 45/2019/QH14), effective from January 1, 2021.
- Decree No. 219/2025/NĐ-CP dated August 7, 2025, of the Government regulating foreign workers working in Vietnam, effective from August 7, 2025.
OVERVIEW OF WORK PERMIT APPLICATION PROCEDURES UNDER THE LATEST REGULATIONS
Concept of a Work Permit:
A work permit is simply understood as a document that allows a foreign employee to work in Vietnam for a certain period of time. This document is issued to foreign workers (it is not issued to Vietnamese workers).
According to Article 151 and Article 157 of the Labor Code 2019, foreign workers working in Vietnam must possess a work permit issued by a competent state authority, except for cases eligible for exemption as prescribed by law.
Work Permit Application Dossier:
According to Article 18 of Decree No. 219/2025/NĐ-CP, the work permit application dossier must include the following documents:
- An explanatory report on the demand for foreign labor and an application request form;
- Health certificate;
- Passport;
- Criminal record certificate;
- 02 color photos;
- Qualifications/Professional certificates.
Note: Documents issued abroad must undergo consular legalization and translation.
Competence to Issue Work Permits
The authority to grant work permits currently belongs to the Provincial People’s Committee (or an agency decentralized by the Provincial People’s Committee), instead of the Ministry of Labor, Invalids and Social Affairs or the Department of Labor, Invalids and Social Affairs as previously regulated.
II. 5 COMMON MISTAKES CAUSING WORK PERMIT APPLICATION REJECTION
2.1. First Mistake: Using the Wrong Document Form or Filling Out Incorrect Information
This is the most common mistake in work permit applications. Under Decree No. 219/2025/NĐ-CP, the application dossier must mandatory utilize Form No. 03 issued together with this Decree—which is an integrated form serving both as the explanatory report on foreign labor demand and the request for work permit issuance. If employers continue to use old forms from Decree No. 152/2020/NĐ-CP or Decree No. 70/2023/NĐ-CP, the application will be immediately rejected.
Additionally, clerical mistakes when filling out the form—such as full name, date of birth, or passport number not matching original documents; the enterprise’s name not matching its business registration; or forms containing erasures and modifications—all lead to rejections. Enterprises must ensure that all details on the work permit form are thoroughly double-checked, especially the consistency among all papers within the same dossier.
2.2. Second Mistake: Qualifications and Credentials Failing to Meet Job Position Requirements
Decree No. 219/2025/NĐ-CP requires the dossier to include documents proving that the foreign worker meets the qualifications for their job position, specifically as a manager, executive director, expert, or technical worker. A frequent mistake is that the job title stated in the application does not match legal regulations or the worker’s actual degrees and experience.
Under Decree No. 219/2025/NĐ-CP, the criteria have been adjusted as follows:
- For experts: Must possess a bachelor’s degree or higher and at least 02 years of professional experience suitable for the job position intended to be held in Vietnam.
- For executive directors: Must have at least 03 years of management experience in a relevant field.
- For technical workers: Must have been trained in a technical discipline for at least 01 year and possess at least 02 years of suitable practical experience.
Businesses should note that the job title in the application must be written according to the 3rd-level code in the Vietnam Standard Classification of Occupations (issued under Decision No. 34/2020/QĐ-TTg), rather than being described vaguely or self-titled. Dossiers stating job titles not found in this classification will be returned by the competent authority for correction.
2.3. Third Mistake: Expired or Invalid Health Certificates and Criminal Record Certificates
In a work permit application, the validity periods of health certificates and criminal record certificates are the two most easily overlooked aspects. Decree No. 219/2025/NĐ-CP clearly stipulates:
- Health certificates must be issued by a qualified medical examination and treatment establishment and must remain valid for no more than 12 months from the date of issuance to the date of application submission.
- Criminal record certificates (or documents confirming that the worker is not currently serving a sentence, has not had their criminal record expunged, or is not facing criminal prosecution) must be issued no more than 06 months prior to the date of application submission.
In cases where foreign workers carry out interconnected administrative procedures to obtain a criminal record certificate through the National Public Service Portal alongside their work permit application, they do not need to submit a separate physical criminal record certificate. This is a new point in Decree No. 219/2025/NĐ-CP that many businesses are unaware of, leading to redundant or missing documentation. Furthermore, health certificates issued by foreign medical facilities are only accepted if Vietnam and the issuing country have a treaty or agreement on mutual recognition of medical documents.
2.4. Fourth Mistake: Passport Nearing Expiration or Foreign Documents Without Consular Legalization
A work permit application requires the foreign worker’s passport to be valid. Enterprises must verify that the passport remains valid for the entire duration of the requested work permit to cover their employment period in Vietnam, not just valid at the time of submission.
Another highly prevalent mistake is that documents issued by foreign authorities (such as degrees, experience confirmations, or certificates proving roles in foreign enterprises) are not consularly legalized in accordance with regulations. Article 5 of Decree No. 219/2025/NĐ-CP stipulates: Foreign documents included in the work permit application must undergo consular legalization, except for cases exempted under international treaties to which Vietnam is a member or on the principle of reciprocity.
Moreover, copies of documents must be certified against the originals before being translated into Vietnamese, and the translation must be notarized/certified according to law. Submitting uncertified copies or unnotarized translations is one of the most common reasons work permit applications are returned or require supplementation.
2.5. Fifth Mistake: Submitting Dossiers to the Wrong Competent Authority
This mistake stems from major changes regarding the jurisdiction over work permit issuance under Decree No. 219/2025/NĐ-CP. Many enterprises are still accustomed to the old procedure and submit dossiers to the Department of Labor, Invalids and Social Affairs (which has now transferred the management function of foreign workers to the Department of Home Affairs or an agency decentralized by the Provincial People’s Committee), resulting in the application being returned.
According to Article 4 of Decree No. 219/2025/NĐ-CP, the authority to issue, re-issue, extend, and revoke work permits belongs to the Provincial People’s Committee or an agency decentralized by the Provincial People’s Committee in the locality where the foreign worker is expected to work. In specific cases where a foreign employee works for one employer across multiple provinces and centrally run cities, the Provincial People’s Committee where the employer’s headquarters are located shall hold jurisdiction.
Applications can be submitted via the National Public Service Portal (online) or directly at the local Public Administrative Service Center. Businesses must precisely determine the receiving authority before filing to avoid wasting time due to application rejections and having to start over.
III. IMPORTANT NOTES WHEN APPLYING FOR A WORK PERMIT
3.1. Validity Period and Number of Work Permit Extensions
According to Decree No. 219/2025/NĐ-CP, a work permit can only be extended a maximum of one time for a duration not exceeding 02 years. This is a regulation that businesses must pay close attention to when planning long-term foreign personnel utilization, avoiding situations where personnel run out of validity on their work permits and cannot obtain further extensions.
3.2. Regulations on Notification When Working in Multiple Localities
Decree No. 219/2025/NĐ-CP allows foreign workers who have been granted a work permit to work in multiple provinces and cities without needing to apply for additional permits. However, prior to each assignment in another province/city, the employer must notify the competent local authority where the worker is scheduled to work at least 03 working days in advance. The notification must include details such as full name, age, nationality, passport number, work permit number, as well as the start and end dates of the assignment. Failure to provide this notification may result in a violation of foreign labor management laws.
3.3. Cases Exempt from Work Permit Requirements
Certain cases where foreign workers do not require a work permit are clearly defined under Article 7 of Decree No. 219/2025/NĐ-CP. However, these cases still necessitate completing notification procedures or applying for a certificate of work permit exemption; they cannot be completely overlooked.
IV. FREQUENTLY ASKED QUESTIONS ABOUT WORK PERMITS 2026
Q: How long does it take to get results after submitting a work permit application?
A: According to Clause 3, Article 22 of Decree No. 219/2025/NĐ-CP, within 10 working days from the date of receiving a complete and valid dossier, the competent authority will review and issue the work permit. In case of refusal, the authority must provide a written response stating the reasons within 03 working days.
Q: How many times can a work permit be extended?
A: According to Article 29 of Decree No. 219/2025/NĐ-CP, a work permit can only be extended a maximum of one time with a duration of no more than 02 years. Afterward, if the employer wishes to continue employing the foreign worker, they must proceed with the procedure to apply for a brand new work permit.
CONCLUSION
Preparing a correct and complete work permit application dossier right from the first attempt is a crucial factor that helps enterprises save time and costs, ensuring that production and business operations run continuously. Decree No. 219/2025/NĐ-CP has introduced many positive reforms regarding administrative procedures in foreign labor management, but it also imposes new requirements that employers must thoroughly understand. To avoid the 5 common mistakes causing application rejection analyzed above, enterprises should: use the correct new form per Decree No. 219/2025/NĐ-CP; adequately prepare documents proving job position and experience; check the validity periods of medical and judicial documents; perform proper consular legalization; and accurately identify the competent authority for submission. If there are any doubts regarding work permits, enterprises are advised to seek specialized legal counsel to ensure strict compliance with the law.
