No Documents from Employer? Get Work Permit Anyway

Lacking valid documents in Vietnam, being refused notarization, and being unable to complete consular legalization — this situation has caused many people to almost lose their opportunity to obtain a work permit abroad.

Why Are You “Stuck” Even Though You Have Real Work Experience?

In practice, many foreigners who have worked in Vietnam face this exact issue. You genuinely worked and gained real experience, yet you are unable to prove it in a legally acceptable way.

The problem is not that you “lack experience,” but that you lack documents that meet legal requirements to prove that experience.

The Most Common Difficulties

Many clients come to us with similar situations: they previously worked in Vietnam, but their former company has ceased operations, refuses to cooperate, or simply does not respond. As a result, they cannot obtain a work experience confirmation letter with proper signature and company seal.

Meanwhile, self-prepared documents or internal emails are generally not accepted for notarization or certification. When submitted for consular legalization, these documents are again rejected due to not meeting formal requirements.

This creates a vicious cycle:

No valid documents → Cannot notarize → Cannot legalize → Not eligible for a work permit.

Why Can’t Your Documents Be Notarized or Certified?

This is a point many people misunderstand.

Under Vietnamese law on notarization and certification, authorities do not verify the truthfulness of a document’s content if it does not have a clear and lawful origin.

Specifically:

• Notaries only certify the legality of transactions or copies from originals
• Certification authorities only certify signatures or confirm copies match originals
• There is no mechanism for authorities to “confirm on your behalf” that you worked somewhere without valid original documents

This means:

If you do not have documents issued by your former company (with proper signature, seal, or legal confirmation), it is almost impossible to ask a government authority to “confirm it for you.”

Why Can’t You Complete Consular Legalization?

Many people assume that translation and legalization are enough. However, under Decree 111/2011/ND-CP, consular legalization only applies to documents that are already valid in terms of form and origin.

In other words:

• The document must be issued by a lawful authority or organization
• It must bear a valid signature and seal
• It must be properly notarized or certified before legalization

If your documents do not meet these conditions, consular authorities will reject them.

Does This Mean There Is No Solution?

Not necessarily.

However, it is important to understand that there is no one-size-fits-all solution. Each case requires a tailored approach.

Possible Approaches to Consider

Below are some approaches we typically analyze with clients. These options must be carefully evaluated before application.

1. Reconstructing a File from Supporting Documents

Even without an official confirmation letter, you may still have:

• Old employment contracts
• Work-related emails
• Appointment or assignment decisions
• Salary records or bank statements
• Employee ID cards or internal documents

These documents cannot fully replace an experience certificate, but they can help build a logical and consistent file to support your explanation.

2. Preparing an Explanation Letter or Affidavit

Some countries or authorities may consider:

• A written explanation of your work history
• An affidavit with certified signature

However, in Vietnam, certification of a signature does not mean the content is verified as true. Therefore, the value of such documents depends on the receiving authority abroad.

3. Re-engaging with Your Former Company or Authorized Persons

This remains the best option if still feasible.

In practice, many cases that seem “impossible to resolve” can be improved with legal support:

• Identifying former legal representatives
• Proposing alternative forms of confirmation
• Negotiating the reissuance of documents

4. Reviewing the Requirements of the Receiving Country

Each country (Taiwan, South Korea, Japan, etc.) has different standards for proving work experience.

Some may be more flexible if:

• The documents are consistent and logically structured
• There is a clear explanation
• Additional third-party confirmations are available

However, it is important not to assume that any approach will be “automatically accepted.”

Common Mistakes That Lead to Rejection

Through handling many cases, we have observed several common mistakes:

• Drafting confirmation letters and asking unauthorized persons to sign
• Using invalid or expired company seals
• Attempting legalization of documents that are not legally valid
• Failing to check the specific requirements of the receiving country

These mistakes not only lead to rejection but may also negatively affect your credibility in future applications.

Legal Perspective: Why Proper Handling Matters from the Start

The issue is not just whether you “have documents,” but whether those documents carry legal value.

An invalid document:

• Cannot be notarized
• Cannot be legalized
• Will not be accepted by foreign authorities

On the other hand, a properly structured file — even if not perfect — may still have a chance if it is logical and compliant.

The Role of Lawyers in These Cases

In “non-standard” cases like these, the role of a lawyer is not to “create documents,” but to:

• Assess the legal validity of each document
• Build an appropriate documentation strategy
• Evaluate risks before submission
• Coordinate with relevant parties when necessary

At DEDICA Law Firm, we regularly assist with:

• Foreigners who worked in Vietnam but lack sufficient documentation
• Cases rejected for notarization or consular legalization
• Foreign companies needing to complete legal documentation from Vietnam

Final Thoughts: Don’t Give Up Too Early

If you are in this situation, feeling stuck is completely understandable. However, not every case is hopeless.

What matters is:

• Understanding the legal issues correctly
• Avoiding risky or incorrect solutions
• Evaluating your case in a structured and strategic way

Disclaimer: Each case has its own specifics and must be carefully assessed before determining an appropriate solution. This article is for reference only and does not constitute legal advice.

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