Justify the hire before you name a Monday start
In plain termsThe company must justify why a foreign worker is needed and hold written approval before hiring. That is not the printed work permit, and it is not the worker’s job.
Start here — three checks
- Need letter first. yes
- Where to file. National Public Service Portal; Public Administration Service Centre
- Window before start. 10 days to 60 days.
Company clock vs worker card
| HR action | What the statute reads | If you skip it |
|---|---|---|
| Verbal “we’ll sort the permit later” | Need justification and written approval come before hiring. | The start date is a labour risk, not a calendar courtesy. |
| File 3 days before start | New-issue window is 10–60 days before the planned start. | The portal clock and the offer letter disagree. |
| Ask the candidate to self-file as a tourist | Channel is the public portal / administration centre — employer dossier. | You outsource a company duty to a visitor. |
| Permit still pending on day one | That is the start-before-issued page. Default remains no. | You confuse “we filed” with “they may work.” |
Common wrong movesThe need letter is not optional chrome.
- Using last year’s justification for a different role.
- Dating the contract before approval exists.
- Treating intra-company transfer proof as a substitute for this gate.
If the start date is already publicMove the date. Do not invent permission.
- Put the 10–60 day window on the offer before anyone books flights.
- Read start-before-issued if someone already showed up.
Evidence and sources4 dated facts for Vietnam employer must justify labour need before hiring a foreigner
The readable briefing above uses these cells. Open a source only when you need to verify a number, date, or legal gate.
- Employer must justify labour need and get written approval before hiringBLLĐ 45/2019 Điều 152 khoản 2yeschecked Aug 2026
- Filing channel for work-permit dossiersNĐ 219/2025/NĐ-CP Điều 6, Điều 22National Public Service Portal; Public Administration Service Centrechecked Aug 2026
- Earliest days before start date to file a new permitNĐ 219/2025/NĐ-CP Điều 2210 dayschecked Aug 2026
- Latest days before start date to file a new permitNĐ 219/2025/NĐ-CP Điều 2260 dayschecked Aug 2026
Common questions
Can we offer a start date before the labour-need approval exists?
The employer must justify the need and get written approval before hiring. A signed offer is not that approval. File in the 10–60 day window before the planned start.
Who files — the foreigner or the company?
The dossier channel is the National Public Service Portal or the Public Administration Service Centre. This is an employer file, not a tourist self-application.
Is this the same as the worker starting while the permit is pending?
No. Need-justification is the pre-hire company gate. Starting work before the permit is issued is a different page — and the default is still no.