LEGAL REPRESENTATIVE WHO IS ALSO A FOREIGN INVESTOR DO THEY NEED TO APPLY FOR A WORK PERMIT?

Legal representative who is also a foreign investor. do they need to apply for a work permit?

Chia sẻ

LEGAL REPRESENTATIVE WHO IS ALSO A FOREIGN INVESTOR
DO THEY NEED TO APPLY FOR A WORK PERMIT?

1. Legal Basis

Decree 219/2025/ND-CP on foreign workers (effective 07/08/2025)
Labor Code 2019
Social Insurance Law 2024

2. Case 1: Capital under 3 billion VND

Case 1: Foreign investors with capital under 3 billion VND

Work Permit is mandatory.
Position: Manager (Legal Representative)
Form of work: Chairman/Member of the Board of Directors of a JSC; Owner/Member of an LLC with capital contribution under 3 billion VND.

Required Documents:

No.	Document
1	Copy of Company Charter
2	Notarized Enterprise Registration Certificate (ERC)
3	Two 4x6 photos (white background, straight face, no glasses)
4	Criminal record (Vietnamese or from abroad, legalized + translated)
5	Health certificate (issued within 12 months)
6	Notarized copy of passport
7	Application forms prepared by the Consulting Company

Result: Work Permit

3. Case 2: Capital from 3 billion VND or more

Case 2: Foreign investors with capital from 3 billion VND or more

No Work Permit required.
No Work Permit Exemption Certificate required.
Only notification to the Provincial People’s Committee at least 3 days before starting work to obtain a Certificate of Non-Requirement.

Required Documents:

No.	Document
1	Copy of Company Charter
2	Notarized ERC
3	Notarized copy of passport
4	Application forms prepared by the Consulting Company

Result: Certificate of Non-Requirement for Work Permit

4. Other Relevant Information

Social Insurance:
- Foreigners are only required to participate if they sign a labor contract of 12 months or more.
- Owners/members contributing capital → Not required.

Temporary Residence Card:
- Capital < 3 billion: LD2 card (labor – up to 2 years).
- Capital ≥ 3 billion: DT3 card (investment – up to 2 years).

Additionally, the legal representative must register a VNeID level 2 account and company identification.

5. Our Services

Consulting & processing Work Permit or Certificate of Non-Requirement.
Translation & notarization of documents.
Representing clients in submission, tracking, and receiving results.
Legal consulting: Labor law, Personal Income Tax, Social Insurance, e-identification, immigration.

For further consultation, please contact:

Ms. My – +84 911 553 434 (Zalo/Whatsapp/Wechat/Line)
Email: diumy@quocluat.vn

Sincerely thank you!