Foreign experts exchange views during a discussion in Vietnam. Photo: N. Binh / Tuoi Tre
The Vietnamese government has issued Decree No. 393/2026/ND-CP, outlining 18 categories of foreign workers exempt from work permits, along with requirements and procedures for foreigners working in the country.
Who is exempt from work permits?
The decree outlines 18 categories of foreign workers exempt from work permit requirements.
The first group of foreign nationals exempt from work permit requirements includes those specified in Clauses 3–8 of Article 154 of Vietnam’s Labor Code.
They include heads of representative offices or projects, or those primarily responsible for the operations of international organizations or foreign NGOs in Vietnam; foreigners entering Vietnam for less than three months to offer services or address complex technical problems under specified conditions; foreign lawyers licensed to practice in Vietnam; foreigners covered by international treaties to which Vietnam is a party; and those married to Vietnamese citizens and residing in the country.
Foreign investors are also exempt if they own or contribute at least VND3 billion (about US$116,000) to a limited liability company, or serve as chairpersons or board members of joint-stock companies with capital contributions meeting the same threshold.
Other exemptions cover foreign journalists accredited by the Ministry of Foreign Affairs, volunteers, eligible foreign students and interns, and foreign nationals working under specified international agreements.
Foreigners entering Vietnam to provide professional or technical consultancy services or carry out activities under projects funded by non-refundable aid, official development assistance (ODA), or concessional loans may also qualify for exemptions under the conditions specified in the decree.
In the education sector, exemptions apply to foreigners involved in approved international teaching, research, and education cooperation programs.
They also cover those with master's degrees or higher in STEM, science, technology, digital transformation, finance, economics, or business administration who teach or conduct research at educational institutions.
PhD holders teaching or conducting research at vocational or higher education institutions, as well as professors and associate professors engaged in teaching, research, or academic exchanges at such institutions, are also exempt.
Further exemptions apply to foreign workers certified by ministries, ministerial-level agencies, or provincial authorities; eligible holders of special visa exemption cards under Decree No. 221/2025/ND-CP; foreign experts working in designated strategic technology fields and their family members; and individuals recruited under the prime minister's national AI workforce development program.
Do exempt foreign workers still need paperwork?
Foreign nationals exempt from work permit requirements may still need to obtain a certificate confirming their exemption.
Under the decree, employers must submit applications no more than 60 days before the foreign worker's expected start date. Authorities have five working days to process complete applications.
Certain categories of foreign workers are not required to obtain exemption certificates but must notify the relevant authorities as stipulated in the decree.
What about foreigners who need a work permit?
Employers must submit work permit applications at least 10 working days, but no more than 60 days, before the foreign worker's expected start date.
Authorities have 10 working days to process complete applications.
If the authorities reject an employer's request to hire foreign workers or refuse to issue a work permit, they must provide a written response stating the reasons within three working days of receiving a complete application.
Work permits are valid for a maximum of two years, depending on the duration of the relevant employment contract, assignment, or agreement.
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