A 1099 is not a Vietnam work product
In plain termsContractor, freelance, and 1099 are home-country paperwork. Vietnam still splits labour permission, company registration, and tax residence. None of those read the IRS form.
Start here — three checks
- Who is the client? A Vietnam party paying you is labour pressure (yes).
- Can you register hộ kinh doanh? yes
- If you are a Vietnam tax resident, worldwide income applies. yes
Form vs labour vs registration
| What you are doing | What Vietnam reads | If you treat 1099 as a shield |
|---|---|---|
| Only foreign clients, paid offshore, no Vietnam invoice | Still no remote visa. Days can still open tax residence. | You mix one local invoice and the offshore story dies. |
| Vietnam company pays you as a “consultant” | Labour. Permit or exemption first. Visa is not work (no). | Forced exit or deportation (forced exit or deportation). |
| “I’ll just open hộ kinh doanh” | Registration requires Vietnamese citizenship. | You pay a fixer for a vehicle you cannot legally own. |
| US W-2 from the same client | Different payroll form — that door is the W-2 page, not this one. | You copy FEIE logic onto invoices that are not wages. |
Common wrong movesSelf-employment language does not hide a client.
- Calling it 1099 because the US company refused to put you on W-2.
- Using a friend’s Vietnamese ID to register hộ kinh doanh.
- Assuming “no Vietnam employer” means “no Vietnam PIT.”
If a Vietnam client is already waitingStop delivery. Pick a lawful vehicle.
- Do not invoice on a tourist stamp.
- If they will employ you, the company files a work permit — you do not self-file a hộ.
- If the work is truly offshore-only, keep Vietnam parties off the invoice.
Evidence and sources5 dated facts for Freelance / contractor pay while living in Vietnam
The readable briefing above uses these cells. Open a source only when you need to verify a number, date, or legal gate.
- Foreign workers generally need a work permitBộ luật Lao động 45/2019/QH14 Điều 153 khoản 2yeschecked Aug 2026
- Consequence of working without a permitBLLĐ 45/2019 Điều 153 khoản 2forced exit or deportationchecked Aug 2026
- A visa alone grants the right to work in VietnamBLLĐ / NĐ 219 — labour permission (permit or exemption) is a separate system from immigration statusnochecked Aug 2026
- Registering a household business (hộ kinh doanh) requires Vietnamese citizenshipNĐ 168/2025/NĐ-CP Điều 82 — cá nhân/thành viên hộ gia đình là công dân Việt Nam có năng lực hành vi dân sự đầy đủ được quyền thành lập hộ kinh doanh (nguon/ND_168_2025_HKD_REG.md; secondary confirm via LuatVietnam policy note)yeschecked Aug 2026
- Vietnam tax residents are taxed on worldwide incomeLuật 109/2025/QH15 Điều 2 khoản 1; NĐ 253/2026/NĐ-CP Điều 6 khoản 2 điểm ayeschecked Aug 2026
Remote purposeNo remote visa. Days still feed tax.Hộ kinh doanh gateThe registration dead end, on its own page.US W-2 counterpartEmployment payroll. Not contractor invoices.
Common questions
If I invoice as a contractor, do I skip the Vietnam work permit?
No. Foreign workers generally need a work permit. A contractor label does not replace labour permission. A visa alone does not grant work.
Can I register a hộ kinh doanh (household business) as a foreigner?
No. Registering a household business requires Vietnamese citizenship. That is a registration dead end, not a freelance visa.
Does Vietnam still tax the invoices if I am a tax resident?
Yes. Vietnam tax residents are taxed on worldwide income. A 1099 is a US information form. It is not a Vietnam exemption.