VietnamSetup can skip the permit. Running the shop cannot.
In plain termsA commercial presence is the company or branch you are incorporating so the business can exist. The labour skip on file is for the person responsible for that establishment. It is not hộ kinh doanh, and it is not a work-permit-free operating life.
Start here — three checks
- Founder setup limb? yes
- Foreign workers otherwise. yes
- Small-capital owner still needs a permit? yes
Incorporating vs operating vs hộ
| What you are doing | Labour read | If you stretch the skip |
|---|---|---|
| Appointed to establish the presence — filings, charter, licences | Permit-exempt on the founder limb. | You stay on that limb after the enterprise is already trading. |
| Owner / member under the small-capital line, already operating | Work form L. Permit required. | You tell DOLISA “I founded it, so I never need a card.” |
| Want a hộ kinh doanh instead | Closed. Registration requires Vietnamese citizenship. | You treat the founder skip as a hộ workaround. |
| Chief of a representative office that will not trade | Different exemption. RO head, not this founder limb. | You mix setup of a company with RO-chief paperwork. |
Common wrong movesThe own-business map is the entity doors. This page is one labour limb.
- Hiring foreign staff under your founder skip.
- Using ĐT4 as if it were this labour exemption.
- Calling every shareholder “the person establishing the presence.”
If the company already has a tax code and invoicesYou are past setup. Name the operating work form.
- Small-capital owners open the permit file, not this skip.
- Staff still need their own permits. Your founder letter is not theirs.
Evidence and sources3 dated facts for Establishing a commercial presence can skip a work permit
The readable briefing above uses these cells. Open a source only when you need to verify a number, date, or legal gate.
- Person responsible for establishing a commercial presence — permit exemptNĐ 219/2025/NĐ-CP Điều 7 khoản 10yeschecked Aug 2026
- Foreign workers generally need a work permitBộ luật Lao động 45/2019/QH14 Điều 153 khoản 2yeschecked Aug 2026
- Board/owner under 3bn VND is a permit-required work formNĐ 219/2025/NĐ-CP Điều 2 khoản 1 điểm l — capital under 3 billion VND is a work form that requires a permityeschecked Aug 2026
Common questions
I am here to incorporate. Do I need a work permit on day one?
The person responsible for establishing a commercial presence can be permit-exempt. That is the setup limb. It is not a lifetime skip once the company is running.
The charter capital is under 3 billion đồng. Am I still exempt as owner?
No. The small-capital owner work form still requires a permit. Do not stretch the founder skip onto ongoing ownership.
Can I register a hộ kinh doanh instead and skip labour law?
No. Household-business registration requires Vietnamese citizenship. That closed door is a different page.