

Hiring foreign employees in Vietnam involves more than finding the right candidate. Employers also need to make sure the employee has the correct work authorisation before starting work.
Vietnam’s work permit framework is set to change under Decree No. 393/2026/ND-CP. Issued on October 20, 2026, the Decree will take effect on December 5, 2026, replacing Decree No. 219/2025/ND-CP.
The new rules cover work permit applications, validity periods, extensions and supporting documents. For employers, understanding these requirements early can make workforce planning and permit management easier.
Here is what businesses need to know.
Decree 393/2026/ND-CP will take effect on December 5, 2026.
Until December 4, 2026, Decree 219/2025/ND-CP remains applicable.
Employers should keep the transition in mind:
This matters for companies with foreign employees whose permits are due to expire around the transition date.
Under Article 22 of Decree 393, a work permit can be issued for a period of up to two years.
The actual validity period depends on the relevant supporting document or arrangement. It may be linked to:
The two-year limit is a maximum, not an automatic entitlement. A permit may be issued for a shorter period if the relevant supporting document has a shorter term.
Yes. A work permit may be extended only once, for a period of up to two years.
The extension period must also comply with the validity requirements under Article 22.
Employers should not treat this as a renewable permit that can be extended indefinitely.
After the one permitted extension, a foreign employee who continues working for the same employer in the same position and field must follow the new work permit application procedure again. The application must be submitted within the prescribed period before the extended permit expires.
In short:
| Stage | What employers should know |
| Initial work permit | Valid for up to 2 years |
| First extension | Allowed once, for up to 2 years |
| After extension | A new work permit application is required for continued work in the same position and field |
Decree 393 sets different submission windows for initial applications and extensions.
| Application type | When to submit | Statutory processing time |
| Initial work permit | At least 10 working days, but no more than 60 days, before the expected start date | 10 working days after receipt of a complete application |
| Work permit extension | At least 10 working days, but no more than 90 days, before the permit expires | 5 working days after receipt of a complete application |
These are statutory timelines. They do not include all the time an employer may need to collect documents, arrange legalisation or correct an incomplete application.
Practical tip: do not wait until the last eligible submission date. Start checking the employee’s documents and permit expiry well in advance.
Under Article 19, the general application dossier includes the following:
| Document | What employers should check |
| Employer’s application and explanation of foreign labour demand | Use the prescribed form and provide the required employment information |
| Health certificate | Must meet the applicable requirements and generally be issued no more than 12 months before submission |
| Passport identification page | The passport must remain valid |
| Criminal record certificate or qualifying alternative document | Generally issued no more than 6 months before submission, subject to applicable exceptions and database retrieval |
| Recent photograph | Two colour photos or a compliant digital image |
| Proof of the employee’s form of work | Depends on the employment or assignment arrangement |
| Proof of professional position | Must match the employee’s applicable category and intended job |
The exact documents depend on the employee’s working arrangement and job category. This is a general checklist, not a universal list for every application.
Employers must also provide evidence that the foreign employee meets the requirements for the intended position.
Examples include:
The required evidence is not identical across all categories. Employers should check the applicable criteria under Articles 4 and 20 before preparing the application.
No. Decree 393 sets out a separate dossier for extensions under Article 28.
The main documents include:
Some information may be retrieved from relevant government databases where the required conditions are met.
One practical difference is that the extension dossier does not simply repeat the entire initial application checklist. For example, Article 28 does not list a new health certificate or criminal record certificate as standard extension documents. Employers should still check the exact requirements for the employee’s working arrangement before submission.
A work permit is issued based on specific information, including the employee’s position, field of work, employer and form of work.
If any of these details change, employers should check whether the change requires a new application or a re-issuance procedure.
Under Decree 393, certain changes to an existing permit may require a new work permit application even if the employer remains the same. This includes changes to the employee’s job position, field of work or form of work.
Do not assume that a simple update to the company’s internal HR records is enough. The correct procedure depends on the nature of the change.
A few practical checks can help HR teams prepare for the new framework.
Keep an updated record of each foreign employee’s permit number, expiry date, employer, job position and form of work.
Identify permits approaching expiry. Determine whether the employee is eligible for an extension or will need a new application.
Check passport validity, health certificates, criminal record documents, professional qualifications and assignment documents. Allow additional time for overseas documents that require legalisation and Vietnamese translation.
Make sure the employee’s actual duties and job position are consistent with the information used in the work permit application.
Applications will be submitted through the local Public Administration Service Center or online via the National Public Service Portal, following the applicable procedure. Employers should confirm the competent authority and local administrative arrangements.
Vietnam’s new work permit framework introduces clear requirements for permit validity, extensions, application deadlines and supporting documents.
Before the new rules take effect, employers should remember:
Good permit management starts before an application is submitted. Keeping employee information, supporting documents and expiry dates organised can help employers reduce avoidable delays and manage foreign workforce compliance more effectively.
Official references
Decree No. 393/2026/ND-CP, particularly Articles 19, 20, 22, 23, 28, 29 and 30.
Decree No. 219/2025/ND-CP, applicable until December 4, 2026.
Vietnam National Public Service Portal: dichvucong.gov.vn
Legal disclaimer: This article provides a general overview of selected requirements under Decree No. 393/2026/ND-CP, which takes effect on December 5, 2026. Requirements may vary depending on the foreign employee’s job category, form of work and individual circumstances. Employers should review the full legal text and confirm applicable procedures with the competent authority before making decisions on individual applications.
📌 Managing work permits through the December transition?
Validity, the single extension and the document sets all change on 5 December 2026. Remoly’s global employment experts can help HR teams audit permits, diarise deadlines and prepare dossiers in advance.
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This article is provided for general informational purposes only and does not constitute legal advice.
Published: November 2026