The work permit exemption for foreigners in Vietnam 2026 is a case where foreign workers are allowed to work in Vietnam without having to apply for a work permit if they meet prescribed conditions. However, enterprises must clearly distinguish between cases of being exempt from a work permit, cases requiring an application for a confirmation of not being subject to a work permit, and cases only requiring notification to the competent authority.
Correctly identifying the exemption case helps enterprises minimize risks when using foreign labor, ensuring they do not submit incorrect dossiers, lack proving documents, or employ workers without a valid work permit in Vietnam. In this article, as a provider of foreign legal services in Vietnam and labor law consulting, Viet An Law analyzes the conditions, dossiers, procedures, validity periods of the confirmation, and consulting services for exempting foreign workers from work permits according to the latest regulations.
The legal basis for confirming work permit exemption for foreigners in 2026 is primarily determined according to regulations on foreign workers working in Vietnam, focusing on the procedure to confirm foreign workers are not subject to a work permit, conditions for work permit exemption, proving dossiers, and responsibilities of the employer.
Legal documents to note include:
According to current regulations, when carrying out the procedure for work permit exemption for foreigners, enterprises must prioritize comparing regulations in Decree 219/2025/ND-CP to correctly identify cases eligible for exemption, cases requiring an application to confirm not being subject to a work permit, and cases only requiring compliance with the notification obligation to the competent authority.
Work permit exemption is a legal provision allowing foreign workers to work in Vietnam without having to apply for a work permit according to general regulations. This is a form of simplifying administrative procedures, creating more favorable conditions for enterprises and workers, especially in certain special cases.
Thus, exempted cases will no longer have to carry out the procedure to apply for a work permit, but will carry out another procedure to apply for a confirmation of not being subject to a work permit.
The confirmation of not being subject to a work permit is a document issued by a competent authority to foreign workers belonging to the cases exempt from a work permit in Vietnam. This document serves as a basis to prove that the foreigner is legally allowed to work without having to perform the normal work permit application procedure.
In practice, many cases, although exempt from a work permit, still require a confirmation of not being subject to a work permit before starting work. This confirmation can also be used during the process of completing labor dossiers, residence dossiers, applying for a temporary residence card, or working with state management agencies in Vietnam.
| Criteria | Work permit exemption for foreigners | Work permit for foreigners |
| Legal nature | Is a case where foreign workers are allowed to work in Vietnam without applying for a work permit if meeting prescribed conditions. | Is a document allowing foreign workers to legally work in Vietnam when not falling under the cases exempt from a work permit. |
| Subjects of application | Applies to foreign workers belonging to cases not subject to a work permit. | Applies to foreign workers working in Vietnam who must apply for a work permit according to regulations. |
| Procedures to perform | Depending on the case, enterprises must apply for a confirmation of not being subject to a work permit or fulfill the notification obligation to the competent authority. | Enterprises must prepare a dossier and submit the procedure to request a work permit before the foreigner works. |
| Received results | A confirmation document that the foreign worker is not subject to a work permit or the acknowledgment of notification information according to regulations. | A work permit for foreigners issued by a competent authority. |
| Purpose of use | Proves the foreign worker is allowed to legally work in Vietnam even without a work permit. | Proves the foreign worker meets conditions to legally work in Vietnam according to the licensed position, title, and duration. |
| Common risks | Enterprises mistakenly believe exemption means no procedures are needed, leading to a lack of a confirmation document or failure to notify on time. | Dossiers lack documents, are submitted late, or involve working in the wrong position, wrong location, or using workers when the permit has expired. |
| When to choose | When the foreign worker falls under the work permit exemption categories according to the law. | When the foreign worker is not exempt and needs to be issued a work permit to work in Vietnam. |
Thus, work permit exemption does not mean foreign workers are free to work without complying with legal procedures. Enterprises need to correctly identify cases eligible for exemption, cases requiring a confirmation of not being subject to a work permit, and cases strictly requiring a work permit to avoid risks when utilizing foreign labor at enterprises.
Foreign workers working in Vietnam can be exempt from a work permit if they fall into one of the cases prescribed by law. For easy tracking, the cases of work permit exemption for foreigners in 2026 can be divided into 03 main groups as follows:
| Case of work permit exemption | Easy-to-understand content for clients | Notes when performing the procedure |
| Foreign lawyers who have been issued a license to practice law in Vietnam | Foreign lawyers who have been issued a law practice license in Vietnam can fall under the category of not having to apply for a work permit. | Must have a valid law practice license in Vietnam and documents proving a suitable scope of practice. |
| Foreign press correspondents | Foreign press correspondents conducting information and press activities in Vietnam who are confirmed by the Ministry of Foreign Affairs. | Must have a confirmation document of press activities suitable for the working purpose in Vietnam. |
| Foreigners married to Vietnamese citizens | Foreigners married to Vietnamese citizens and living on Vietnamese territory fall under the cases not subject to a work permit. | Enterprises still need to check the notification obligation before the foreign worker starts working in Vietnam. |
| Persons with official passports | Foreigners with official passports entering Vietnam to work for state agencies, political organizations, or socio-political organizations. | Must check the entry purpose, receiving agency, and related official documents. |
| Relatives of members of foreign representative missions in Vietnam | Relatives of members of foreign representative missions in Vietnam are allowed to work under an international treaty to which Vietnam is a member. | Must have documents proving the family relationship and the basis allowing work in Vietnam. |
| Foreign volunteers | Foreigners working voluntarily without salary to implement an international treaty to which Vietnam is a member. | Must have a confirmation from a foreign diplomatic representative agency or an international organization in Vietnam. |
| Case of work permit exemption | Easy-to-understand content for clients | Notes when performing the procedure |
| Owners or capital contributing members of limited liability companies | Foreigners who are owners or capital contributing members of a limited liability company with a capital contribution value of 3 billion VND or more. | Must have documents proving the capital contribution status, the value of the contributed capital, and enterprise information in Vietnam. |
| Chairpersons or members of the Board of Directors of joint-stock companies | Foreigners who are Chairpersons of the Board of Directors or members of the Board of Directors of a joint-stock company with a capital contribution value of 3 billion VND or more. | Must check the capital contribution dossier, charter, enterprise registration certificate, and internal corporate documents. |
| Persons responsible for establishing a commercial presence | Foreigners entering Vietnam to prepare, organize, or take responsibility for establishing a commercial presence for foreign traders, investors, or organizations. | Must have documents proving the duty of establishing a commercial presence in Vietnam. |
| Foreign workers moving within an enterprise internally | Foreigners who are managers, executive directors, experts, or technical workers transferring internally within a foreign enterprise that has established a commercial presence in Vietnam. | Must prove the internal corporate relationship, a recruitment period of at least 12 consecutive months, the commercial presence in Vietnam, and suitable business lines. |
| Case of work permit exemption | Easy-to-understand content for clients | Notes when performing the procedure |
| Managers, executive directors, experts, technical workers working short-term | Foreigners entering Vietnam to work with a total duration of under 90 days in 01 year. | Enterprises need to track the total working time in the year to avoid exceeding the work permit exemption period. |
| Foreigners working in ODA programs or projects | Foreigners entering Vietnam to provide professional or technical consultation or perform duties related to programs or projects using official development assistance. | Must have documents proving the ODA program or project and documents related to the working duties in Vietnam. |
| Foreigners working in the education sector under an international treaty | Foreigners sent to Vietnam to teach, act as managers, or executive directors at educational institutions upon the request of a diplomatic representative agency, intergovernmental organization, or international treaty. | Must correctly identify the educational institution, the dispatching document to Vietnam, and the relevant international treaty basis. |
| Foreigners confirmed by the Ministry of Education and Training | Foreigners entering Vietnam to teach, research, transfer international education programs, or act as managers, executive directors, principals, or vice principals at educational institutions. | Must have a confirmation document from the Ministry of Education and Training and documents proving the job position. |
| Foreign pupils, students, or trainees interning or working under an agreement | Foreigners currently studying at schools or training institutions in Vietnam or abroad having an internship agreement, invitation letter to work, or an internship or apprenticeship on a Vietnamese seagoing vessel. | Must have an internship agreement, a working invitation letter, or documents proving a lawful internship program. |
| Foreigners implementing an international agreement | Foreign workers entering Vietnam to implement an international agreement signed by agencies or organizations at the central or provincial level according to legal regulations. | Must have the international agreement and documents proving the working duty in Vietnam. |
| Experts in the fields of finance, science, technology, innovation, and digital transformation | Foreigners confirmed by competent authorities entering Vietnam to work in the fields of finance, science, technology, innovation, national digital transformation, or socio-economic development priority sectors. | Must have a confirmation document from ministries, ministerial-level agencies, or provincial People’s Committees and documents proving expertise and the working field in Vietnam. |
Note, the cases mentioned above are situations where foreign workers can be exempt from a work permit. However, depending on each specific case, enterprises may have to apply for a confirmation of not being subject to a work permit or only have to carry out the notification procedure with the competent authority.
According to Clause 4, Article 9 of Decree 219/2025/ND-CP, some cases of foreign workers not subject to a work permit do not have to perform the procedure to issue a confirmation of not being subject to a work permit, but the employer must still perform the notification procedure with the competent authority before the foreign worker begins working in Vietnam.
Cases not requiring the procedure to issue a confirmation of not being subject to a work permit include:
For the cases mentioned above, the employer must notify the competent authority that issues the confirmation of not being subject to a work permit where the foreign worker is expected to work at least 03 working days before the date the foreign worker is expected to start working in Vietnam.
The notification content includes basic information: full name, date of birth, nationality, passport number, employer name, working location, and working duration.
Not all cases of work permit exemption are automatically allowed to work in Vietnam. Except for cases only requiring notification as prescribed, the employer needs to carry out the procedure to apply for a confirmation of foreign workers not being subject to a work permit before the foreigner starts working.
The dossier for confirming work permit exemption for foreigners in 2026 is a set of documents the employer needs to prepare when a foreign worker falls under the work permit exemption cases but must still apply for a confirmation as prescribed. This dossier is the basis for the competent authority to consider issuing a confirmation of the foreign worker not being subject to a work permit, helping foreigners legally work in Vietnam.
| Dossier components | Contents to prepare |
| Written request for confirmation | A written request for the issuance of a confirmation of not being subject to a work permit according to Form No. 01 promulgated with Decree 219/2025/ND-CP. |
| Health check certificate | A health check certificate issued by a qualified medical facility; in case the health check certificate is issued abroad, it must meet recognition conditions and remain valid as prescribed. |
| Photos of the foreign worker | 02 color photos measuring 4cm x 6cm, white background, facing forward, bareheaded, not wearing glasses. |
| Valid passport | A copy of the foreign worker’s valid passport. |
| Documents proving exemption from a work permit | Documents proving the foreign worker is not subject to a work permit, depending on the case, such as a document dispatching them to Vietnam, documents proving title, a confirmation document from a competent authority, an international agreement, or documents proving internal corporate transfer. |
Depending on the specific work permit exemption case for foreigners, enterprises need to prepare appropriate additional proving documents. For example, a foreign worker transferring within an enterprise internally needs documents proving their title as a manager, executive director, expert, or technical worker, a document dispatching them to Vietnam, and confirmation that they have been recruited by the foreign enterprise for at least 12 consecutive months before entering Vietnam to work.
When executing the procedure to confirm not being subject to a work permit, enterprises must prepare documents proving the foreign worker falls into the cases exempt from a work permit. Depending on the target group, the proving documents can be a confirmation document from a competent authority, a document dispatching them to Vietnam, an international agreement, documents proving title, or dossiers on internal corporate transfers. Contact Viet An Law for specific guidance.
Documents issued by foreign agencies or organizations generally must be consular legalized, translated into Vietnamese, and authenticated according to regulations, except when exempt from consular legalization or recognized under an international treaty or agreement to which Vietnam is a member. Enterprises should thoroughly review the proving documents before submitting the dossier to avoid being asked to amend, supplement, or being refused the issuance of a confirmation of not being subject to a work permit.
The procedure to apply for confirmation of work permit exemption for foreigners in 2026 is performed when a foreign worker falls under a case not requiring a work permit but must still have a confirmation of not being subject to a work permit before starting work in Vietnam.
The procedure to apply for work permit exemption confirmation includes 04 steps:
| Step | Content of execution |
| Step 1 | Determine whether the foreign worker falls under the cases exempt from a work permit. |
| Step 2 | Prepare the dossier for confirmation of not being subject to a work permit strictly according to the exemption case. |
| Step 3 | Submit the dossier before the foreign worker is expected to start working in Vietnam. The dossier can be submitted directly, via public postal services, through authorization, or submitted online as prescribed. |
| Step 4 | Receive the confirmation of not being subject to a work permit or a written response if the dossier is not approved. |
According to regulations, the competent authority processes the dossier to issue a confirmation of not being subject to a work permit within 05 working days from the date of receiving a complete and valid dossier. If the confirmation is not issued, the competent authority must reply in writing and clearly state the reason within 03 working days.
According to Decree 219/2025/ND-CP, the provincial People’s Committee has the authority to issue, reissue, extend, and revoke work permits and confirmations of not being subject to a work permit for foreign workers working for employers whose headquarters, branches, representative offices, or business locations are in the locality where the foreign worker is expected to work. If a foreign worker works for one employer in multiple provinces and cities, the authority belongs to the provincial People’s Committee where the employer’s headquarters is located.
Viet An Law is a professional law firm with 19 years of experience providing foreign legal services in Vietnam and for FDI enterprises. With experience in labor law consulting for domestic enterprises, foreign-invested enterprises, and foreign workers in Vietnam, Viet An Law assists clients with the following tasks:
| Service content | Tasks supported by Viet An Law |
| Consulting on conditions for work permit exemption | Reviewing titles, job positions, working duration, working forms, and legal bases to determine whether a foreigner falls under the work permit exemption category or not. |
| Consulting on cases requiring confirmation or only notification | Distinguishing between cases where foreign workers must apply for a confirmation of not being subject to a work permit and cases only requiring notification to the competent authority. |
| Reviewing dossiers of foreign workers | Checking passports, health certificates, photos, documents dispatching to Vietnam, documents proving titles, capital contribution documents, practice licenses, or other related documents. |
| Drafting dossiers to apply for work permit exemption confirmation | Drafting request documents, guiding the perfection of proving documents, and preparing the dossier set to confirm foreign workers are not subject to a work permit. |
| Supporting translation, notarization, and consular legalization | Consulting on requirements for translation, notarization, authentication, and consular legalization for foreign-issued documents if required by law. |
| Representing to submit dossiers and working with competent authorities | On behalf of clients, submitting dossiers, monitoring the processing, explaining, supplementing dossiers, and receiving results via authorization. |
| Consulting after receiving results | Guiding enterprises on using the work permit exemption confirmation, tracking validity periods, archiving dossiers, and performing related procedures for temporary residence cards, labor, and residence if any. |
Using the services of Viet An Law helps enterprises limit the risks of incorrectly determining the work permit exemption category, lacking proving documents, submitting dossiers at the wrong time, or using foreign workers without completing necessary legal procedures.
The validity period of the confirmation of not being subject to a work permit for foreign workers is determined according to the duration of the labor contract, the document dispatching them to Vietnam, the working agreement, the enterprise’s operating license, or documents proving the corresponding working form, but at a maximum of no more than 02 years.
When the confirmation of not being subject to a work permit is reissued, the new duration is only calculated according to the remaining time of the issued confirmation. If extending the confirmation, enterprises are only allowed to extend it 01 time, and the maximum extension period is 02 years.
Note that in some cases where foreign workers are exempt from a work permit, they do not have to apply for a confirmation but only need to notify the competent authority at least 03 working days before the expected starting date in Vietnam.
Enterprises must perform the procedure for reissuance or adjustment when the confirmation of not being subject to a work permit is lost, damaged, the foreign worker’s information changes, or the working content changes compared to the issued confirmation. Timely processing helps foreigners continue working legally in Vietnam.
Foreigners working without a work permit or without a work permit exemption confirmation when belonging to cases requiring confirmation may be penalized for violations. Enterprises utilizing foreign labor also face the risk of being fined, forced to remedy violations, and experiencing negative impacts on the labor and residence dossiers of the foreigner.
Yes. Foreigners married to Vietnamese citizens and living on Vietnamese territory fall under the cases not subject to a work permit. If the foreigner works in Vietnam, the employer must check the notification obligation to the competent authority before the worker begins working to ensure compliance with current regulations.
Foreign workers working short-term in Vietnam can fall under the cases not requiring a work permit if they strictly meet the conditions on time, position, and working form as prescribed. However, enterprises still need to check the obligation to apply for a work permit exemption confirmation or notify before the foreigner begins working.
Not all work permit exemption cases are automatically allowed to work without procedures. In many cases, foreign workers are exempt from a work permit, but the enterprise must still apply for a confirmation of not being subject to a work permit before utilizing the labor.
The confirmation of not being subject to a work permit is issued according to the duration of the contract, the document dispatching to Vietnam, the working agreement, or documents proving the corresponding working form. The maximum validity period of the confirmation of not being subject to a work permit is 02 years.
Documents issued by foreign agencies or organizations generally must be consular legalized, translated into Vietnamese, and authenticated according to regulations before submitting the dossier in Vietnam. Cases exempt from consular legalization or possessing a mutual recognition agreement shall follow corresponding regulations.
Foreigners who already have a work permit exemption confirmation should only work strictly according to the content, location, position, and employer recorded in the dossier. If work arises in multiple localities or the working location changes, the enterprise must check the obligation to notify, adjust, or apply for appropriate confirmation.
Enterprises can be penalized if they use foreign workers subject to applying for a work permit exemption confirmation but do not perform the procedure according to regulations. Therefore, before foreigners work in Vietnam, enterprises need to clearly determine the exempted cases, proving dossiers, and the obligation to notify or apply for confirmation.
Employers must submit the dossier requesting the issuance of a confirmation of not being subject to a work permit before the foreign worker is expected to start working in Vietnam. For cases not requiring a confirmation application but only requiring notification, enterprises must notify at least 03 working days before the date the foreign worker is expected to start working.
Above are the notable legal contents regarding the procedure to confirm foreign workers are not subject to a work permit according to current regulations. If clients need consultation on conditions, dossiers, procedures, or support executing the procedure for the work permit exemption for foreigners in Vietnam 2026, please contact Viet An Law for prompt consultation and support from our lawyers!
