Vietnam Work Permit Exemptions: Who Qualifies in 2026?
Not every foreign national working in Vietnam is required to obtain a work permit. However, an exemption applies only when the individual meets the conditions of a specific legal category.
Under Decree No. 393/2026/ND-CP, which takes effect on December 5, 2026, Vietnam sets out 18 categories of foreign workers who are not required to obtain a work permit. For employers, understanding these categories is an important part of workforce planning and compliance.
Three Exemption Categories Employers Should Understand
1. Qualifying investors and company board members
Foreign nationals who own or contribute capital of at least VND 3 billion to a limited liability company may fall within an exemption category. The rule also covers chairpersons and members of the board of directors of joint-stock companies who meet the prescribed capital contribution threshold.
The threshold alone is not enough to assess every case. Employers should verify the individual’s company role, ownership or capital contribution, and supporting records against the applicable provision.
2. Eligible intra-company transferees
Certain foreign employees transferred within the same enterprise may qualify for an exemption when the enterprise operates in one of the 11 service sectors specified under Vietnam’s WTO Schedule of Specific Commitments in Services.
An overseas assignment or an existing employment relationship with a parent company does not, by itself, establish eligibility. The enterprise’s sector and the individual’s circumstances must meet the applicable conditions.
3. Certain short-term work arrangements
The decree also provides for specified short-term work situations. However, the applicable conditions matter. In particular, where an employment relationship, labour use and salary payment arise, the relevant work-permit application requirements may still apply.
Employers should therefore assess the actual working arrangement rather than relying solely on the planned length of stay.
Does an Exemption Mean No Further Action Is Needed?
Not necessarily. Employers should distinguish between being outside the work-permit requirement and any applicable requirement to obtain confirmation or complete other administrative procedures.
Before relying on an exemption, review:
- The precise legal category and its eligibility conditions.
- Evidence supporting the employee’s status, role or work arrangement.
- Whether an exemption confirmation or another procedure is required in the specific case.
Decree No. 393/2026/ND-CP takes effect on December 5, 2026, replacing Decree No. 219/2025/ND-CP. Reviewing existing and planned foreign-worker arrangements before the effective date can help employers identify cases that need further verification.
The key takeaway: a work-permit exemption should be established through the applicable legal criteria and supporting evidence—not assumptions based on job title, nationality or assignment arrangement.
Official source
Government of Vietnam, Decree No. 393/2026/ND-CP, on foreign workers working in Vietnam (vanban.chinhphu.vn).
This article is for general informational purposes only and does not constitute legal advice. Requirements depend on the applicable legal provisions and the facts of each case.
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This article is provided for general informational purposes only and does not constitute legal advice.
Published: October 2026
