Decree 393/2026/ND-CP on Foreign Workers in Vietnam

On October 20, 2026, the Government issued Decree 393/2026/ND-CP on foreign workers in Vietnam, replacing Decree 219/2025/ND-CP. The new Decree amends and supplements numerous regulations regarding qualification standards, categories of foreign workers, subjects eligible for a work permit exemption in Vietnam, and the reduction of application dossiers and administrative procedures related to foreign nationals working in the country, including those applying for a work permit in Vietnam. Below, Viet An Law summarizes and analyzes the notable new points of this legislation so that enterprises and foreign employees can proactively prepare and ensure full compliance with the law.

Summary comparison table of new points under Decree 393/2026/ND-CP compared to Decree 219/2025/ND-CP

Comparison table of new points under Decree 393/2026/ND-CP compared to Decree 219/2025/ND-CP:

Supplementing cases where foreign nationals qualify for a work permit exemption in Vietnam

Article 8 of Decree 393/2026/ND-CP lists 18 cases in which foreign nationals working in Vietnam are not required to apply for a work permit.

Accordingly, compared to Article 7 of Decree 219/2025/ND-CP, the new regulation has supplemented additional subjects not subject to work permit issuance, specifically:

• Relatives (spouses and children) of strategic technology experts;
• Holders of Master’s degrees in STEM/AI, technology, engineering, and mathematics, or economics, Doctors of Philosophy, and Professors engaged in educational teaching or research;
• Subjects entering Vietnam to work who are granted special visa exemption cards in accordance with Decree 221/2025/ND-CP of the Government regulating temporary visa exemptions for foreign nationals belonging to special categories requiring incentives to serve socio-economic development.
• Foreign workers who are experts working in fields belonging to the List of Strategic Technologies and the List of Strategic Technology Products under a Decision of the Prime Minister, along with their relatives.
• Foreign workers attracted under a Decision of the Prime Minister regarding the National Program for Artificial Intelligence Human Resource Development.

The addition of the aforementioned groups demonstrates the regulatory orientation toward attracting international human resources to serve high value-added industries and sectors. For enterprises, this policy can reduce the time spent executing procedures for obtaining a work permit in Vietnam in eligible cases, while simultaneously facilitating the recruitment of foreign experts.

However, qualifying for a work permit exemption in Vietnam does not mean being exempted from all management procedures. Enterprises must accurately identify the applicable case, prepare supporting documents, and carry out the procedure for obtaining a certificate confirming exemption from work permit requirements if required by law. The work permit exemption also does not replace conditions regarding entry, residence, and other related legal obligations.

Simplifying dossiers and strengthening the exploitation of shared data of work permit procedure in Vietnam

The new regulation inherits the provisions of Decree 219/2025/ND-CP regarding 06 administrative procedures (issuance, reissuance, and extension of a work permit or a certificate confirming exemption from work permit requirements), while simultaneously amending and supplementing them toward simplifying administrative procedures (reducing several unnecessary documents, strengthening the post-inspection mechanism by using copies, and exploiting existing information in shared databases), specifically as follows:

Issuance of a certificate confirming exemption from work permit requirements

• Supplementing a provision allowing the use of a health certificate or medical examination certificate issued by a competent foreign medical examination and treatment facility.
• Simplifying dossier components toward: using a copy of the passport personal data page (without requiring consular legalization and authentication); not requiring the submission of dossier components regarding the passport and photographs where such information can be exploited from shared databases.

Reissuance of a certificate confirming exemption from work permit requirements

Simplifying dossier components toward:

• Using copies of documents proving the change and the previously issued certificate confirming exemption from work permit requirements;
• Not requiring the submission of dossier components regarding the certificate confirming exemption from work permit requirements and photographs where such information can be exploited from shared databases.

Extension of a certificate confirming exemption from work permit requirements

• Supplementing a provision allowing the use of a health certificate or medical examination certificate issued by a competent foreign medical examination and treatment facility;
• Simplifying dossier components toward: using a copy of the passport personal data page (without requiring consular legalization and authentication); not requiring the submission of dossier components regarding the passport, photographs, and the currently valid issued certificate confirming exemption from work permit requirements where such information can be exploited from shared databases.

Issuance of a work permit in Vietnam

• Supplementing a provision allowing the use of a health certificate or medical examination certificate issued by a competent foreign medical examination and treatment facility;
• Simplifying dossier components toward: using a copy of the passport personal data page (without requiring consular legalization and authentication); not requiring the submission of dossier components regarding the passport, photographs, and criminal record certificate where such information can be exploited from shared databases.

Work permit reissuance in Vietnam

Simplifying dossier components toward:

• Using copies of documents proving the change and the previously issued work permit;
• Not requiring the submission of dossier components regarding the work permit and photographs where such information can be exploited from shared databases.

Work permit extension in Vietnam

• Supplementing a provision allowing the use of a health certificate or medical examination certificate issued by a foreign medical examination and treatment facility;
• Simplifying dossier components toward: using a copy of the passport personal data page (without requiring consular legalization and authentication); not requiring the submission of dossier components regarding the passport, photographs, and the currently valid issued work permit where such information can be exploited from shared databases.

These changes aim to reduce compliance costs, limit document duplication, and increase convenience in resolving administrative procedures, such as applying for a work permit reissuance in Vietnam. However, the exemption from submitting a document only applies when the corresponding data can genuinely be exploited and meets the requirements of the Decree; enterprises should not arbitrarily remove documents from their dossiers without clearly verifying whether they qualify for the exemption.

Reducing the experience requirement for executive directors in Vietnam to 02 years

Clause 2, Article 4 of the Decree stipulates that an executive director falls into one of the following categories:

• The head of a branch, representative office, or business location of an enterprise;
• The head who directly manages at least one field of an agency, organization, or enterprise and has at least 02 years of experience in a field relevant to the job position that the foreign worker is expected to undertake in Vietnam.

Compared to the provisions in Clause 2, Article 3 of Decree 219/2025/ND-CP, the experience requirement for the second category has been reduced from 03 years to 02 years.

This change expands the ability of managerial personnel to meet qualification standards, especially at enterprises needing to recruit individuals with specialized executive capabilities who do not yet have a lengthy employment history. Startups, foreign-invested enterprises, and organizations operating in specialized sectors will have more options when deploying foreign personnel.

Expanding 05 additional cases meeting foreign expert qualification standards in Vietnam

Previously, Clause 3, Article 3 of Decree 219/2025/ND-CP limited foreign expert qualification standards to holding a university degree plus 3 years of experience; or working in the fields of finance, science and technology, or digital transformation plus 1 year of experience. However, the new regulation in Clause 3, Article 4 of Decree 393/2026/ND-CP has expanded the foreign expert qualification standards by adding 5 cases, including:

• Having 05 years of practical experience (not mandatory to hold a university degree);
• Holding a university degree in a strategic technology field (no requirement on the number of years of experience);
• Graduating from a university with distinction among the world top 500 universities plus 1 year of experience;
• Working in the fields of culture, arts, and sports (specifically regulated in Appendix III);
• Engaging in teaching and scientific research at an educational institution.

Expanding the foreign expert qualification standards allows for a more flexible assessment of worker capabilities, rather than focusing solely on degrees and years of experience under a single general standard. This is particularly significant for the technology sector, scientific research, education, and fields requiring specialized expertise.

Exemption from explaining recruitment demand for foreign nationals holding the title of General Director or Director named on the Enterprise Registration Certificate

Previously, Decree 219/2025/ND-CP required employers to explain the demand for employing foreign workers for all recruitment positions.

However, under the new regulation at Form No. 03 of Appendix 1 attached to Decree 393/2026/ND-CP, the report explaining the demand for employing foreign workers in the case of recruiting foreign nationals to work excludes the case where the foreign worker holds the title of General Director or Director whose name is already listed on the Enterprise Registration Certificate.

This new point eliminates one procedural step for the group of titles already reflected in the enterprise registration dossier. In practice, information regarding the title and legal capacity of the manager already recorded in the enterprise registration system can help competent authorities identify the role of the foreign national at the enterprise more clearly.

Submitting dossiers for a work permit extension in Vietnam from 10 working days to 90 days before expiration

Previously, Decree 219/2025/ND-CP required applications for the extension of a certificate confirming exemption from work permit requirements or a work permit to be submitted from 10 to 45 days before expiration.

However, Articles 17 and 29 of Decree 393/2026/ND-CP expand the required timeframe for submitting extension applications for a certificate confirming exemption from work permit requirements or a work permit to between 10 working days and 90 days before expiration.

Compared to the period of 10 to 45 days prior to the expiration date under the old regulation, the new time limit creates favorable conditions for enterprises to be more proactive in preparing documents, reviewing eligibility conditions, and coordinating with foreign workers.

Validity period of the confirmation certificate for work permit exemption for intra-corporate transferees raised to a maximum of 03 years

Previously, Article 21 of Decree 219/2025/ND-CP stipulated that the validity period of a work permit or a certificate confirming exemption from work permit requirements was granted according to the duration of specific cases, but could not exceed 02 years.

However, Clause 3, Article 11 of Decree 393/2026/ND-CP stipulates that the validity period of a certificate confirming exemption from work permit requirements for intra-corporate transferees within the scope of 11 service sectors in Vietnam’s schedule of specific commitments on services with the World Trade Organization shall not exceed 03 years.

This change creates favorable conditions for enterprises needing to transfer personnel from abroad to Vietnam for longer durations. Enterprises can reduce the frequency of carrying out administrative procedures where the assignment duration, transfer documents, and related conditions fully satisfy the regulations.

Deported foreign workers will be subject to work permit revocation in Vietnam

Article 31 of Decree 393/2026/ND-CP stipulates that the cases subject to work permit revocation include:

• The work permit expires in accordance with Clauses 2, 3, 4, 5, 6, and 7, Article 156 of the Labor Code.
• The employer or the foreign worker fails to properly comply with regulations on the issuance, reissuance, or extension of a work permit.
• The foreign worker is deported pursuant to a legally effective judgment or decision of a Court, or a decision of a competent state authority.
• The foreign worker is held in custody, temporary detention, or serves a fixed-term prison sentence, life imprisonment, or the death penalty in accordance with criminal law.
• The foreign worker dies; or is declared by a Court to have lost civil act capacity, to be missing, or to be dead.

Compared to Article 30 of Decree 219/2025/ND-CP, the new regulation in Article 31 of Decree 393/2026/ND-CP has added cases subject to work permit revocation, including the case where a foreign worker deported pursuant to a legally effective judgment or decision of a Court or a decision of a competent state authority will have their work permit revoked starting from December 5, 2026.

For the aforementioned cases, the competent authority that issues work permits shall issue a decision to revoke the work permit and notify the employer, the foreign worker, and the Ministry of Public Security for coordinated management.

Shortening the time limit for returning a revoked work permit or certificate confirming exemption from work permit requirements

Articles 32 and 34 of Decree 393/2026/ND-CP stipulate as follows:

• Revocation of a work permit: Within 10 working days from the date the work permit expires, the employer must recover the work permit to return it to the competent authority that issued the work permit, accompanied by a written report stating the reason for recovery.
• Revocation of a certificate confirming exemption from work permit requirements: Within 10 working days from the date the certificate confirming that the foreign worker is exempt from work permit requirements expires, the employer must recover the confirmation certificate to return it to the competent authority that issued the confirmation certificate, accompanied by a written report stating the reason for recovery.

Compared to the old regulation under Decree 219/2025/ND-CP, this new provision under Decree 393/2026/ND-CP has shortened the time limit for recovering and returning a work permit or a certificate confirming exemption from work permit requirements from 15 working days down to 10 working days from the date the permit or certificate ceases to be effective.

Shortening the processing time helps state authorities promptly update the legal status of foreign workers while simultaneously increasing the responsibility of enterprises during human resource management.

Frequently asked questions about Decree 393/2026/ND-CP on foreign workers in Vietnam

Do foreign nationals eligible for a work permit exemption need to carry out any other procedures?

Possibly yes. Qualifying for a work permit exemption does not mean being exempted from all administrative procedures. Depending on the specific case, foreign nationals must still carry out the procedure for obtaining a certificate confirming exemption from work permit requirements or fulfill other obligations in accordance with regulations. Enterprises need to accurately identify the applicable case under Article 8 and related provisions of the Decree.

Does Decree 393/2026/ND-CP allow the use of medical examination certificates issued abroad?

The Decree supplements a provision allowing the use of a health certificate or medical examination certificate issued by a competent foreign medical examination and treatment facility in corresponding procedures, provided that regulatory conditions are met. Applicants need to verify the specific requirements regarding documentation, validity periods, and the legality of the documents.

Are enterprises permitted to apply for a work permit extension 90 days in advance?

Under the new regulation, an application dossier for a work permit extension in Vietnam can be submitted within the timeframe from 10 working days to 90 days prior to the expiration date, following the corresponding procedure. Enterprises need to cross-check the exact timeline and applicable dossier components, while ensuring the worker satisfies all extension conditions.

Enterprises need to proactively review their dossiers, recruitment plans, and the validity periods of their foreign workers’ permits to prepare for the application of the new regulations starting from December 5, 2026.

Will a deported foreign national have their work permit revoked?

Article 31 of Decree 393/2026/ND-CP adds the case where a foreign worker is deported pursuant to a legally effective judgment or decision of a Court or a decision of a competent state authority as a legal ground for work permit revocation.

If you require consultation regarding recruitment conditions, procedures for obtaining a work permit in Vietnam, work permit reissuance in Vietnam, or determining eligibility for a work permit exemption in Vietnam, Viet An Law is ready to assist your enterprise in reviewing legal regulations and selecting the most appropriate implementation plan.